Datrend Systems Inc. 
Software End User License Agreement (EULA)


IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT IS A LEGAL 
AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR 
OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND DATREND 
SYSTEMS INC. ("DATREND").  READ IT CAREFULLY BEFORE COMPLETING THE 
INSTALLATION PROCESS AND USING THE SOFTWARE.  IT PROVIDES A 
LICENSE TO USE THE SOFTWARE AND CONTAINS LIABILITY DISCLAIMERS.  
BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR 
ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY 
THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO BE BOUND BY 
THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE AND RETURN THE 
SOFTWARE TO YOUR PLACE OF PURCHASE OR DISTRIBUTION FOR A FULL 
REFUND.  THIS AGREEMENT SHALL APPLY ONLY TO THE SOFTWARE 
SUPPLIED BY DATREND HEREWITH, REGARDLESS OF WHETHER OTHER 
SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.

1. Definitions

(a) "Datrend" means Datrend Systems Inc. and its licensors, if any. 

(b) "Software" means only the Datrend software program(s) and third party 
software programs, in each case, supplied by Datrend herewith, and 
corresponding documentation, associated media, printed materials, and online or 
electronic documentation. 

2. License Grants 

The licenses granted in this Section 2 are subject to the terms and conditions set 
forth in this EULA:

(a) You may install the software on multiple computers but can only operate the 
Software on a single computer at any given time; whether the computer is a PC, 
laptop or a server.

(b) You may make one copy of the Software in machine-readable form solely for 
backup purposes. You must reproduce on any such copy all copyright notices 
and any other proprietary legends on the original copy of the Software.  You may 
not sell or transfer any copy of the Software made for backup purposes. 

(c) Your license rights under this EULA are non-exclusive.   

3. License Restrictions

(a) Other than as set forth in Section 2, you may not make or distribute copies of 
the Software, or electronically transfer the Software from one computer to 
another or over a network. 

(b) You may not alter, merge, modify, adapt or translate the Software, or 
decompile, reverse engineer, disassemble, or otherwise reduce the Software to a 
human-perceivable form. 

(c) You may not rent, lease, or sublicense the Software. 

(d) Unless otherwise provided herein, you may not modify the Software or create 
derivative works based upon the Software.

(e) You may receive the Software in more than one medium but you shall only 
install or use one medium.  Regardless of the number of media you receive, you 
may use only the medium that is appropriate for the server or computer on which 
the Software is to be installed.

(f) You may receive the Software in more than one platform but you shall only 
install or use one platform. 

(g) You shall not use the Software to develop any application having the same 
primary function as the Software. 

(h) In the event that you fail to comply with this EULA, Datrend may terminate the 
license and you must destroy all copies of the Software (with all other rights of 
both parties and all other provisions of this EULA surviving any such 
termination).

4. Upgrades 	 

If this copy of the Software is an upgrade from an earlier version of the Software, 
it is provided to you on a license exchange basis.  You agree by your installation 
and use of such copy of the Software to voluntarily terminate your earlier EULA 
and that you will not continue to use the earlier version of the Software or 
transfer it to another person or entity unless such transfer is pursuant to Section 
3.  

5. Ownership

The foregoing license gives you limited license to use the Software. Datrend and 
its suppliers retain all right, title and interest, including all copyright and 
intellectual property rights, in and to, the Software (as an independent work and 
as an underlying work serving as a basis for any application you may develop), 
and all copies thereof. All rights not specifically granted in this EULA, including 
Federal and International Copyrights, are reserved by Datrend and its suppliers.

6. LIMITED WARRANTY AND DISCLAIMER

(a) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH 
RESPECT TO SOFTWARE, DATREND AND ITS SUPPLIERS DISCLAIM ALL 
OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, 
OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR 
FITNESS FOR A PARTICULAR PURPOSE.  ALSO, THERE IS NO WARRANTY OF 
NON-INFRINGEMENT AND TITLE.  DATREND DOES NOT WARRANT THAT THE 
SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE 
SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN 
HAZARDOUS ENVIRONMENTS.  DATREND SPECIFICALLY DISCLAIMS ANY 
EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.

(b) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE 
SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY 
(90) DAYS FROM THE DATE OF DELIVERY.

(c) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DATREND, ITS 
DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A 
WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY 
PROVIDED HEREIN.

(d) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED 
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS 
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE 
OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

7. LIMITATION OF LIABILITY

(a) NEITHER DATREND NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY 
THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER 
OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES 
FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF 
BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), 
ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND 
BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, 
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT 
LIABILITY OR OTHERWISE, EVEN IF DATREND OR ITS REPRESENTATIVES 
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A 
REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL 
PURPOSE.

(b) DATREND IS NOT LIABILE FOR ANY DAMAGE DONE BY THE SOFTWARE.

(c) (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION 
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE 
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY 
ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

(d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO 
THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF 
THIS EULA.

8. Basis of Agreement 

The Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability 
set forth above are fundamental elements of the basis of the agreement between 
Datrend and you. Datrend would not be able to provide the Software on an 
economic basis without such limitations.  Such Limited Warranty and Disclaimer, 
Exclusive Remedies and Limited Liability inure to the benefit of Datrend's 
licensors.

9. International Consumer End Users Only

The limitations or exclusions of warranties and liability contained in this EULA do 
not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring 
goods otherwise than in the course of a business.

The limitations or exclusions of warranties, remedies or liability contained in this 
EULA shall apply to you only to the extent such limitations or exclusions are 
permitted under the laws of the jurisdiction where you are located.
 
10. General

The internal laws of Canada shall govern this EULA, without giving effect to 
principles of conflict of laws. This EULA contains the complete agreement 
between the parties with respect to the subject matter hereof, and supersedes all 
prior or contemporaneous agreements or understandings, whether oral or 
written. You agree that any varying or additional terms contained in any purchase 
order or other written notification or document issued by you in relation to the 
Software licensed hereunder shall be of no effect. The failure or delay of Datrend 
to exercise any of its rights under this EULA or upon any breach of this EULA 
shall not be deemed a waiver of those rights or of the breach.

No Datrend dealer, agent or employee is authorized to make any amendment to 
this EULA.  

If any provision of this EULA shall be held by a court of competent jurisdiction to 
be contrary to law, that provision will be enforced to the maximum extent 
permissible, and the remaining provisions of this EULA will remain in full force 
and effect.

All questions concerning this EULA shall be directed to: Datrend Systems Inc., 
Unit 1 – 3531 Jacombs Road, Richmond, BC, Canada, V6V 1Z8, Attention: DTP5.

Datrend and other trademarks contained in the Software are trademarks or 
registered trademarks of Datrend Systems Inc. in Canada and/or other countries. 
You may not remove or alter any trademark, trade names, product names, logo, 
copyright or other proprietary notices, legends, symbols or labels in the 
Software.  This EULA does not authorize you to use Datrend's or its licensors' 
names or any of their respective trademarks.

Datrend Systems Inc. Software End User License Agreement (EULA) (2003)
