SINGLE-USER LICENSE AGREEMENT FOR ENTERPRISE DATA-MINER

IMPORTANT-READ CAREFULLY. The Data-Miner Single-User Enterprise License Agreement ("SUELA") is a legal agreement between you (an individual or a single entity) and Data-Miner Pty Ltd (henceforth, "Data-Miner"). for EDM, the Enterprise Data-Miner, which includes computer software, datasets and "online" or electronic documentation. By downloading, installing, copying, or otherwise using EDM, you agree to be bound by the terms of this SUELA. If you do not agree to the terms of this SUELA, destroy all of your copies of EDM and promptly contact Data-Miner for a full refund within 14 days of the date of purchase..

SOFTWARE PRODUCT LICENSE

EDM is protected by copyright laws and international copyright treaties, as well as other international property laws and treaties. EDM is licensed, not sold.

1. GRANT OF LICENSE. Following the purchase of EDM, this SUELA grants you the following rights:

You may install and use one or more copies of EDM, the actual number of copies corresponding to the number of separate licenses you have purchased. Each individual copy must reside on a single computer.

You may also store or install one copy of EDM on a storage device, such as a network server, used only to install EDM on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which EDM is installed or run from the storage device. A license may not be shared or used concurrently on different computers.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

You may not reverse engineer, decompile, disassemble or create derivative works from EDM.

EDM is licensed as a single product. Its components parts may not be separated for use on more than one computer.

You may not rent, lease or transfer your rights to EDM.

If you fail to comply with the terms and conditions of this SUELA, then without prejudice to any other rights, we may terminate this SUELA. In such event, you must destroy all your copies of EDM and all its component parts.

3. COPYRIGHT. All title and copyrights in and to EDM, the accompanying printed materials, and any copies of EDM are owned by Nitin Indurkhya and Sholom M. Weiss. EDM is protected by copyright laws and international treaty provisions. Therefore, you must treat EDM like any other copyrighted material EXCEPT that you may either (a) make one copy of EDM solely for backup or archival purposes or (b) install EDM on a one or more computers (actual number corresponding to the number of separate licenses you have purchased) provided you keep the original solely for backup or archival purposes.

4. U.S. GOVERNMENT RESTRICTED RIGHTS. EDM and its documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1) and (2) of the Rights in Technical Data and Computer Software clause at AFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52,227.19, as applicable.

APPLICABLE LAW This SUELA shall be governed by the Laws of the State of New South Wales in Australia. You agree to submit to the jurisdiction of the Court of New South Wales.

LIMITED WARRANTY Data-Miner warrants that EDM will perform substantially in accordance with the accompanying written material for a period of 14 days from the date of receipt. Data-Miner's entire liability and your exclusive remedy shall be, at Data-Miner's option, either (a) a full refund, or (b) repair or replacement of the EDM copy that does not meet the written specification. The Limited Warranty is void if failure of EDM has resulted from accident, abuse, or misapplication.

NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DATA-MINER DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE EDM.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DATA-MINER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATIONS, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE EDM, EVEN IF DATA-MINER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


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