Newmarket Diagrams - Free 90-Day Meeting Planner Edition

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	I agree to the conditions noted below. NEWMARKET INTERNATIONAL, INC. END-USER LICENSE AGREEMENT FOR NEWMARKET DIAGRAMS SOFTWARE IMPORTANT - READ CAREFULLY: This End-User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and Newmarket International, Inc. ("NI") for the NI software product identified below, which includes computer software and may include associated documentation, media, printed materials, and "online" or electronic documentation (collectively, "LICENSED PRODUCT"). By installing or otherwise using the LICENSED PRODUCT, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not use the LICENSED PRODUCT. 1. LICENSED PRODUCT DESCRIPTION. The LICENSED PRODUCT is a version of Delphi Diagrams for Meeting Planners. You may use the latest version of Delphi Diagrams to create meeting setups, aiding the communication of meeting plans. This software is a free evaluation, and does not include all the capabilities of the standard version of Delphi Diagrams. 2. GRANT OF LICENSE. NI grants you a non-exclusive, non-transferable, single user license, without the right to sublicense, to use the LICENSED PRODUCT only for the purpose of serving your internal business operational needs. The LICENSED PRODUCT is licensed to you hereunder, not sold. 3. EVALUATION PERIOD. The evaluation period for the LICENSED PRODUCT will commence upon installation and will continue for a period of ninety (90) days there from. Upon expiration of the evaluation period, you must promptly return to NI (or destroy) the LICENSED PRODUCT and any related documentation. 4. HARDWARE SPECIFICATIONS. Hardware Specifications for the Licensed Product are available on NI�s website at www.newmarketinc.com. 5. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. 5.1 Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the LICENSED PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not duplicate, disclose or disseminate the LICENSED PRODUCT to any person or entity other than to your employees who have a need to know in order to perform their specific job responsibilities. 5.2 Rental. You may not rent, lease or lend the LICENSED PRODUCT. 5.3 Software Transfer. You may not transfer or sublicense the LICENSED PRODUCT without NI�S express written consent, except to a successor in interest of your business who assumes all obligations and responsibilities under this Agreement. 6. TERMINATION. Without prejudice to any other rights, NI may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the LICENSED PRODUCT and all of its component parts. 7. INTELLECTUAL PROPERTY. The LICENSED PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Therefore, you must treat the LICENSED PRODUCT like any other copyrighted material. You may not copy the LICENSED PRODUCT or the printed materials accompanying the LICENSED PRODUCT. All title and copyrights in and to the LICENSED PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, lesson plans, and "applets" incorporated into the LICENSED PRODUCT), the accompanying printed materials, and any copies of the LICENSED PRODUCT are owned by NI or its third party partners and/or suppliers. 8. EXPORT RESTRICTIONS. You acknowledge that the LICENSED PRODUCT licensed hereunder is subject to the export control laws and regulations of the U.S., and any amendments thereof. You confirm that with respect to the LICENSED PRODUCT, you will not export or re-export it, directly or indirectly, to any countries that are subject to U.S. export restrictions. You further acknowledge that the LICENSED PRODUCT may include technical data subject to export and re-export restrictions imposed by U.S. law. 9. NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NI AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE LICENSED PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. 10. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NI OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF NI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, NI�S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE LICENSED PRODUCT OR US $100.00. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 11. MISCELLANEOUS. This Agreement is governed by the laws of the State of New Hampshire, U.S.A. You are responsible for payment of any taxes, including but not limited to sales and use taxes, but excluding taxes on NI�S income, resulting for your use of the LICENSED PRODUCT. This End User License Agreement is the complete and exclusive agreement between the parties with respect to the LICENSED PRODUCT and supersedes all previous proposals, representations and/or communications between the parties with respect to the subject matter hereof. �2002-2007 Newmarket International, Inc. All Rights Reserved.

Last updated - 13 March 2007