Markit Power Whois - Enterprise Edition W/Source V1.1

Markit PowerWhois License Agreement and Limited Warranty

REDISTRIBUTION NOT PERMITTED

YOUR USE OF THE SOFTWARE MADE AVAILABLE WITH THIS LICENSE IS SUBJECT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING THE ‘I Agree’ BUTTON BELOW OR BY INSTALLING, COPYING OR OTHERWISE PROCEEDING TO USE THIS SOFTWARE, YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE ‘Cancel’ BUTTON BELOW AND DO NOT PURCHASE, DOWNLOAD, INSTALL OR OTHERWISE USE THE SOFTWARE.

This License Agreement and Limited Warranty constitutes a legal agreement (‘License Agreement’) between you (either as an individual or a single entity) and MarkitModules solely for the software product in which it is incorporated , including any software media and accompanying on-line or printed documentation (the ‘Software’).

1. GRANT. Upon your acceptance of the terms and conditions of this License Agreement, MarkitModules grants to you the right to use the Software in the manner provided below. This license is not transferable to any other individual or organization. Once you purchase the Software, you may download one copy for your use and make one backup copy. You may install any copy of the Software within a unlimited DotNetNuke instance install.

2. USE. The Software is licensed as a Unlimited Product; it may be used on more than one computer at a time.

The Software is owned by MarkitModules and is protected by copyright law and international copyright laws. No copying is permitted, except for one backup copy. No transfer, distribution, modification, translation or derivative development of the Software, electronic or otherwise, is permitted without MarkitModules’s written permission.

3. LIMITED WARRANTY. MarkitModules warrants that the Software, as updated and when properly used, will perform substantially (in other words, in all material respects) in accordance with the accompanying documentation, and the Software media will be free from material defects in materials and workmanship for a period of thirty (30) days from the date of receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse or misapplication or if the Software has been modified. ALL EXPRESS WARRANTIES AND ANY IMPLIED WARRANTIES ARE LIMITED TO THIRTY (30) DAYS. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NO OTHER WARRANTIES. WITH THE EXCEPTION OF THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH MARKITMODULES SPECIFICALLY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT MARKITMODULES OR ITS DISTRIBUTORS OR DEALERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

MARKITMODULES DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE ERROR FREE OR THAT ITS OPERATIONS WILL BE UNINTERUPTED.

4. LIMITATION OF LIABILITY. NEITHER MARKITMODULES NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION ARISING OUT OF THE USE, THE RESULTS OF USE, OR INABILITY TO USE THE SOFTWARE, OR DAMAGE OF LOSS CAUSED BY THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKITMODULES’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY IN THE EVENT OF A BREACH OF MARKITMODULES 'S OBLIGATIONS IS LIMITED TO A REFUND OF ANY LICENSE FEE YOU ACTUALLY PAID TO MARKITMODULES FOR THE SOFTWARE.

5. NEW VERSIONS. MarkitModules may distribute updates or new versions of the Software, but MarkitModules reserves the right at any time not to release updates or new versions of the Software or, if released, to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the release.

6. PROPERTY RIGHTS. Intellectual property rights in and to the Software shall remain in MarkitModules. You agree to abide by the copyright law, patent law and all other applicable laws of the United States, European Union and Republic of Croatia. You acknowledge that the Software in source code form remains a confidential trade secret of MarkitModules and therefore you agree not to modify the Software or to attempt to duplicate, reverse compile, reverse engineer, decompile, disassemble, or otherwise reproduce the Software, or any part of it, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You agree that you will not remove, obscure, or deface any proprietary legend relating to MarkitModules ‘s rights on the Software.

7. COMPLIANCE WITH EXPORT RESTRICTIONS. You may not download or otherwise export or re-export the Software or any underlying information or technology except in full compliance with all United States, European Union, Republic of Croatia and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which export restrictions or prohibitions apply under United States, European Union and Republic of Croatia export laws, or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under control of, or a national or resident of any such country or on any such list.

8. TERMINATION. This License Agreement is effective until terminated. You may terminate the License Agreement by destroying the Software and all copies thereof. The License Agreement is conditioned upon your continued compliance with it and will terminate automatically and irrevocably if you fail to comply with any term or condition of this License Agreement. Upon any termination you agree to destroy all copies of the Software in your possession or control.

9. GOVERNING LAW. Any action related to this Agreement will be governed by Florida law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

10. ENTIRE AGREEMENT. This License Agreement is the entire agreement between you and MarkitModules regarding the license for the Software. It supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.

11. MODIFICATION OF TERMS. This License Agreement may only be modified in writing signed by you and an authorized officer of MarkitModules.

12. EFFECT OF PARTIAL INVALIDITY. If any provision of this License Agreement is found to be void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is found to have failed its essential purpose, all limitations of liability and exclusions of damages shall remain in effect.

13. OTHER RIGHTS. This License Agreement gives you specific legal rights. You may have others, which vary from state to state and jurisdiction to jurisdiction. MarkitModules reserves all rights not specifically granted in this License Agreement.

14. ACCEPTANCE OF TERMS. This License Agreement is effective upon your installation and/or use of the Software. You agree that MarkitModules need not sign this License Agreement in order for it to take effect.