DIMENTRIX TECHNOLOGIES LICENSE TERMS

DMXDEEPINSIGHT ADVANCED BUSINESS INTELLIGENCE AND VISUALIZATION PLATFORM

These license terms are an agreement between Dimentrix Technologies (or based on where you live, one of its affiliates) and you. Please read them. They apply to the platform named above, which includes the media on which you received it, if any. The terms also apply to any Dimentrix Technologies

·  updates,

·  supplements,

·  Internet-based services, and

·  support services

for this platform, unless other terms accompany those items. If so, those terms apply.

BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. YOU MAY CHOOSE NOT TO ACCEPT THESE TERMS, IN WHICH CASE YOU MAY NOT USE THE SOFTWARE (IF YOU HAVE NOT ALREADY INSTALLED IT) OR WITHDRAW YOUR ACCEPTANCE ANY TIME BY UNINSTALLING THE SOFTWARE.  

IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.

1.  INSTALLATION AND USE RIGHTS.

a.  Installation and Use.

·  You may install and use one copy of the software on your premises.

b.  Third Party Programs.

i.  The software may include third party programs that Dimentrix Technologies, not the third party, licenses to you under this agreement. Notices, if any, for the third party program are included for your information only.

c.  Third Party Connectors. The software lets you connect to various third party data sources. Your agreements with any of these third party data source providers is solely between you and the applicable third party data source providers and may be governed by other terms of use or agreements that apply to such third party sources. You agree that you are solely responsible for and have the authority to import data from these third party data sources. Dimentrix Technologies does not monitor, control or assume any liability associated with any data that you import from third party data sources and is not responsible for its quality, accuracy, nature and/or ownership. You agree that you are solely responsible for any content that you create, transmit, distribute or display based on the data that you import, while using the software.

2.  INTERNET-BASED SERVICES. Dimentrix Technologies provides Internet-based services with the software. It may change or cancel them at any time.

a.  Consent for Internet-Based Services. The software feature described below and in the Dimentrix Technologies Services Privacy Statement connects to Dimentrix Technologies or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. BY USING THIS FEATURE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Dimentrix Technologies does not use the information to identify or contact you.

i.  Computer Information. The software uses Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Dimentrix Technologies uses this information to make the Internet-based service available to you.

ii.  Use of Information. We may use the computer information, to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Dimentrix Technologies software.

b.  Misuse of Internet-based Services. You may not use this service in any way that could harm it or impair anyone else’s use of it. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.

2.1 INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the software (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated by Dimentrix Technologies into the Software), any accompanying text materials, and any copies of the Software are owned by Dimentrix Technologies. 

The Software facilitates access to the open Internet and enables Internet-based content to be incorporated by reference and linking. All title and intellectual property rights in and to the content that is not contained in the software as provided by Dimentrix Technologies, but may be made accessible and transferable by Your use of the software is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content.

3.  DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. DIMENTRIX TECHNOLOGIES GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, DIMENTRIX TECHNOLOGIES EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

4.  DAMAGES AND REMEDIES FOR BREACH. ANY USE (OR ATTEMPTED USE) OF THE SOFTWARE OR SERVICES IN A MANNER OTHER THAN IN ACCORDANCE WITH THIS EULA IS A VIOLATION OF RIGHTS. IF YOU BREACH ANY RESTRICTIONS CONTAINED IN THIS EULA, YOU MAY BE SUBJECT TO PROSECUTION AND DAMAGES. THE TERMS OF THIS EULA SHALL GOVERN ANY UPGRADES OF THE WEBSITE OR SOFTWARE PROVIDED BY DIMENTRIX TECHNOLOGIES THAT REPLACES OR SUPPLEMENTS THE SOFTWARE OR SERVICES UNLESS SUCH UPGRADE IS ACCOMPANIED BY A SEPARATE LICENSE, IN WHICH CASE THE TERMS OF THAT LICENSE SHALL GOVERN.

5.   TERM AND TERMINATION.

i.  Term.

This agreement shall commence upon Acceptance and continue in effect unless and until terminated as provided in this Agreement.

ii   Termination.

You may terminate this agreement at any time by giving written notice to Dimentrix Technologies. Dimentrix Technologies may terminate this Agreement if (a) Licensee materially breaches any provision of this Agreement or (b) the Services is found to infringe or misappropriate any third party’s intellectual property or proprietary rights, or becomes subject to an injunction prohibiting its use, or Dimentrix Technologies reasonably believes either of the foregoing conditions may be likely to occur.

iii  Effects.

Upon any termination of this agreement, all rights, obligations and licenses hereunder shall cease, except that the following shall survive: (a) all obligations that accrued prior to termination (including any payment obligations) and remedies for breach of this agreement; (b) Licensee shall stop using, de-install and destroy all copies of the Software and Documentation; and (c) the provisions of Sections 2 (INTERNET-BASED SERVICES), 2.1 (INTELLECTUAL PROPERTY RIGHTS), 3 (DISCLAIMER OF WARRANTY), 4 (DAMAGES AND REMEDIES FOR BREACH), and this Section 5.

6.      UPDATES. By using the software, you agree to obtain new releases of and/or updates to the software only from Dimentrix Technologies. Dimentrix Technologies shall not liable for any damages, loss of data, or costs incurred in connection with updates of the software obtained from a different source.

7.  TIME-SENSITIVE SOFTWARE. The software will stop running when a new version of the software is available. You may not be able to access data used with the software when it stops running.

8.  SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Dimentrix Technologies reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not

·  allow a third party application to connect and read data from the software without Dimentrix Technologies prior written approval;

·  download or use the software to conduct competitive research;  

·  disclose the results of any benchmark tests of the software to any third party without Dimentrix Technologies prior written approval;

·  work around any technical limitations in the software;

·  reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;

·  make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;

·  publish the software for others to copy;

·  rent, lease or lend the software;

·  transfer the software or this agreement to any third party; or

·  use the software for commercial software hosting services.

9.  DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.

10.   INACTIVE USER ACCOUNTS POLICY. We reserve the right to terminate public user accounts inactive for a continuous period of 30 days. This may happen with or without notice (such as an email or a system message). If such termination occurs, all data associated with such user account will be deleted.

11.  EXPORT RESTRICTIONS. The software is subject to India export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.

12.  SUPPORT SERVICES. The Service shall include any and all updates, upgrades, and bug fixes that may be provided from time to time to Customer. In the event Customer experiences any incidents or failures relating to the Service, Customer shall report such matter to Dimentrix Technologies.

13.  ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

14.  APPLICABLE LAW.

a.  India. If you acquired the software in the India, Pune state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

15.  LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.