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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE SOFTWARE OR ANY DOCUMENTATION PROVIDED BY DATATORRENT.
THE TERMS AND CONDITIONS OF THIS AGREEMENT GOVERN YOUR USE OF THE SOFTWARE AND DOCUMENTATION.
In the event such Usage Data is not reliably reaching Data Torrent, you will promptly assist Data Torrent to troubleshoot and remediate the issue so as to enable the transmission of the Usage Data or otherwise provide such information directly to Data Torrent.
You agree that we may use the Usage Data to troubleshoot and monitor the Software and to enhance, improve, and develop current and future Software and services, as well as to verify your compliance with this Agreement.
1.2 You will not, and will not authorize, permit or assist any third party to: (a) use the Software in any manner that exceeds the applicable Authorized Processing Capacity for the Software or for any commercial or production purposes; (b) decompile, disassemble or otherwise reverse engineer (except to the extent expressly permitted by applicable law, notwithstanding a contractual obligation to the contrary, and only after you have notified Data Torrent in advance of such intended activities), or determine or attempt to determine any source code, algorithms, methods, or techniques used or embodied in, the Software; (c) remove or alter any trademark, copyright or other proprietary rights notices (“Notices“) on the Software or Documentation and will duplicate and display all such Notices on each copy of the Software and Documentation; (d) modify, adapt, port, translate, or create any derivative works based on the Software or Documentation; (e) distribute, sublicense, sell or otherwise transfer the Software or Documentation, lease, lend or rent the Software or Documentation, make the Software available on a service bureau, time sharing, rental, application services provider, hosting or other computer services basis to third parties, or otherwise make the functionality of the Software available to third parties; (e) use the Software and Documentation to create a product or service which is similar to or competitive with the products and services of Data Torrent; or (f) use the Software or Documentation in any manner except as expressly authorized under Section 1.1.
1.3 If Data Torrent has established a registration procedure for the Software, you must complete registration within the time frames established by Data Torrent for the Software.
2.2 Data Torrent reserves the right to include and include shut-off and time-out functionality in the Software that will cause it to automatically send warnings, limit functionality, and/or disable the Software from functioning if you exceed the applicable Authorized Processing Capacity and/or at the end of the license term for the Software (“Shut-Off Functionality”).
You expressly agree not to tamper with or disable any such Shut-Off Functionality.
Such invoicing or payment of fees shall not extend the original license term or limit any other rights or remedies of Data Torrent under this Agreement. All feedback, comments, and suggestions for improvements that you provide to Data Torrent hereunder are referred to collectively as “Your Feedback.” You hereby grant to Data Torrent a non-exclusive, perpetual, irrevocable, world-wide, royalty-free, fully paid up, transferable, right and license, with full rights to grant sublicenses, to use, make, have made, offer for sale, sell, license, import, copy, create derivative works of, distribute, perform, transmit, and display Your Feedback for any and all purposes whatsoever, with no rights of accounting or disclosure to you. You acknowledge and agree that Data Torrent owns all right, title, and interest in and to the Software (including any updates provided by Data Torrent to you) and Documentation, including all intellectual property rights therein, even if Data Torrent incorporates any of Your Feedback into subsequent versions of the Software or Documentation. DATATORRENT DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE IN COMBINATION WITH OTHER SOFTWARE, THAT ANY USE OF OR ACCESS TO THE SOFTWARE WILL BE ERROR-FREE OR SECURE, THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 7.1 The term of this Agreement (which the same as the term of the license for the Software) will be for a period of sixty (60) days commencing on the date of your acceptance of this Agreement, unless this Agreement is sooner terminated.Notwithstanding the foregoing, Licensee shall not use the Open Source Software, or any other portion of the Software, in such a manner that would require such other portions of the Software, in whole or part, to be licensed under Open Source Terms.“Open Source Terms” means any terms which require: (a) the Software or any portion thereof be disclosed or distributed in source code form; and/or (b) the Software or any portion thereof be licensed for the purpose of making modifications or derivative works; and/or (c) the Software or any portion thereof be redistributable at no charge; and/or (d) the Software or any portion thereof be permitted to be reverse engineered; and/or (e) the Software or any portion thereof be used only for non-commercial purposes; and/or (f) the Software or any portion thereof to include any third party attribution; and/or (g) any patent non-assert obligations or patent license by Data Torrent, its assignees or licensees.For the avoidance of doubt, Data Torrent has no obligation to provide maintenance, support or any other services to you for the Software or the Documentation under this Agreement. You expressly acknowledge that Data Torrent has entered into this Agreement in reliance upon the limitations of liability specified herein, which allocate the risk between Data Torrent and you, and form a basis of the bargain between Data Torrent and you. Data Torrent may, in its sole discretion, provide you with an individual license key which provides and authorizes a term longer than sixty (60) days for a specific instance of the Software.7.2 You may terminate this Agreement at any time by permanently destroying all copies of the Software and Documentation in your possession or control and ceasing all use of the Software and Documentation.
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Data Torrent and its licensors reserve all rights and licenses in and to the Software and Documentation not expressly granted to you under this Agreement.