End user agreement for DataPoint for Microsoft PowerPoint 2013
Selecting the “I accept” option signifies your acceptance of the terms and conditions of this license agreement for the use of PresentationPoint software. If you do not accept the terms and conditions of this License Agreement, click on the “do not accept” option button. By rejecting the License Agreement (“Agreement”), the installation process will terminate and the software product will not be installed.
SOFTWARE LICENSE AGREEMENT
You, the “Licensee” agrees to accept and PresentationPoint agrees to provide a license to use the DataPoint software and accompanying written materials (collectively, the “Product”) in accordance with the following terms and conditions:
1. Grant of License: PresentationPoint hereby grants you a perpetual, non-exclusive, non-transferable license to use the Product simultaneously on as many computers as you have paid licenses for at any given time during the term of this license. You may: (a) make one (1) copy of the software in machine readable form solely for backup purposes, provided that all copyright and other proprietary notices are reproduced on the copy; and (b) physically install the product on any computer, provided that the software is used only in accordance with the paid licenses.
You may not use, copy, modify, transfer, sublicense, rent, lease, sell, convey, translate, convert to any other programming language, reformat or alter the Product or any portion thereof, except as expressly permitted in this license.
2. Confidentiality: You recognize that the Product consists of proprietary and confidential information and trade secrets owned by PresentationPoint, and third party software suppliers, which is protected by Belgian and international copyright and trade secret laws. Title to, ownership of, and all proprietary rights in the Product and any derivative code created by Licensee is/are reserved to and will at all times remain with PresentationPoint and its suppliers. Licensee agrees to take all reasonable steps to safeguard the secrecy of the Product and information concerning it, and to prevent the unauthorized disclosure thereof. You may not reverse engineer, decompile or disassemble the software.
3. Limited Warranty: PresentationPoint warrants that it has right to grant a license as provided herein. PresentationPoint warrants that, for a period of ninety (90) days following the date of shipment by PresentationPoint, the software will perform, under normal use, substantially in accordance with the specification statement contained in the software documentation; provided that Licensee makes no change to the software. In the event the Software fails to perform in accordance with its documentation, Licensee's sole remedy is to return the Product within said one year period for replacement or a refund of license fees paid, at PresentationPoint's option. PresentationPoint warrants that all Product support services (“Services”) will be provided: (a) pursuant to PresentationPoint's then-current software support policy, (b) in a workmanlike manner, and (c) consistent with industry practice. LICENSEE AGREES THAT THE FOREGOING CONSTITUTES THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY UNDER THIS AGREEMENT. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, PRESENTATIONPOINT DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR OTHERWISE WITH RESPECT TO THE PRODUCT AND SERVICES. PresentationPoint does not warrant that the operation of the Software will be uninterrupted or error free, or warrant against damage caused by accident, abuse or misapplication. Some countries do not allow limitations on implied warranties, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from country to country.
4. Evaluation License: If you have downloaded the software from PresentationPoint's Website for evaluation purposes, the software is provided: (a) “AS IS” and without warranties of any kind, and (b) solely for your purchase evaluation process (c) limited to the period for which the License has been provided.
5. Limitation of Liability: IN NO EVENT WILL PRESENTATIONPOINT, OR ITS SUPPLIERS, DISTRIBUTORS OR DEALERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF THEY HAVE BEEN, OR ARE HEREAFTER, ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. PresentationPoint shall not be liable to Licensee for any design, performance, or other fault or inadequacy of the Product and Services, or for any damages of any kind arising out of, or in any way related to, or connected with, such fault or inadequacy. In no event shall PresentationPoint's liability to Licensee, if any, exceed the amount paid as the license fee pursuant to this Agreement. Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
6. Termination. The license granted herein is effective until terminated. Licensee may terminate this license at any time by destroying the Software and all copies thereof and notifying PresentationPoint in writing of the termination of the License and destruction of the Software. PresentationPoint may terminate this license at any time upon Licensee's violation of any of the terms and conditions of this Agreement. Licensee agrees to destroy the Software and any copies of the Software made pursuant to this Agreement upon the termination of the license.
7. Governing Law: This Agreement shall be governed by the laws of Belgium.
8. Miscellaneous. Should any portion of this Agreement be held to be void or unenforceable, the remaining provisions shall remain in full force and effect. The failure by PresentationPoint to enforce any provision of this Agreement in the event of a breach hereunder shall not be construed as a waiver as to subsequent enforcement of rights in the event of future breaches. This Agreement may not be amended or altered except by a writing signed by PresentationPoint and Licensee. In the event of any litigation arising out of this Agreement between the parties, the prevailing party shell be entitled to recover attorney's fees and costs of litigation, as the court may determine, in addition to any damages or other relief to which it may be entitled.
9. References: PresentationPoint has the right to publish or name your company as a reference using PresentationPoint's products on the web site, press releases, announcements etc. You can destroy this right by notifying PresentationPoint in writing.
10. The duplication or broadcasting of a DataPoint enabled online presentation (content modifications during the slide show) requires a license of DataPoint Enterprise Edition. The Licensee can use a DataPoint Standard Edition license only for a single output or monitor system.
11. Entire Agreement: This Agreement constitutes the entire understanding between PresentationPoint and Licensee concerning the subject matter hereof and supersedes all previous agreements and understandings.
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