End-User License of Data
This legal document is an agreement between you, the end user, and [name] (Licensor). BY USING THE ENCLOSED DISC(S), YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE DATA AND SPECIAL REPORT LICENSE AND THE DISCLAIMER OF LIABILITY. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND LICENSOR.
LICENSOR DATA LICENSE
1. Grant of License. In consideration of the price you paid for the Data and Special Report provided hereby, Licensor grants you, as Licensee, the right to use the Data and Special Report contained on the diskette(s) for your internal use only and for no other purpose. Licensor reserves all rights not granted to you.
2. Ownership of Data and Special Report. As Licensee, you own the magnetic or other physical media on which the Data and Special Report are recorded, but Licensor retains title and ownership of the Data and Special Report.
3. Copy Restrictions. The Data and Special Report are proprietary to and are copyrighted by Licensor. Unauthorized copying of the Data and Special Report, including modifications of the Data and Special Report or the creation of programs in which the Data and Special Report have been merged or included with other data products, for distribution to third parties, whether gratuitously or for sale, is expressly forbidden. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to comply with the terms of this License.
4. Use Restrictions. You may physically transfer the Data and Special Report from one computer to another provided that the Data and Special Report are used on only one computer at a time. You may not electronically transfer the Data and Special Report from one computer to another over a network. You may not distribute copies of the Data and Special Report to third parties except for your own internal purposes. You may not create derivative works based upon the Data and Special Report without Licensor's consent.
5. Transfer Restrictions. The Data and Special Report are licensed only to you, Licensee, and may not be transferred to anyone without Licensor's prior written consent. Any authorized transfer of the Data and Special Report shall be subject to the provisions of this Agreement. In no event, may you transfer, assign, rent, lease, sell, or otherwise dispose of the Data and Special Report on a permanent or temporary basis except as expressly provided herein.
6. Termination. This License is effective until terminated. This License will automatically terminate without notice from Licensor if you fail to comply with any provision of this Agreement. Upon termination of this License, you must destroy all copies of the Data and Special Report, including modified copies.
7. Governing Law. This Agreement is governed by the laws of [state].
DISCLAIMER OF WARRANTY AND LIMITED WARRANTY
THE DATA AND SPECIAL REPORT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. FURTHER, LICENSOR DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE DATA AND SPECIAL REPORT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY LICENSOR, LICENSOR'S AGENTS, DISTRIBUTORS, OR EMPLOYEES SHALL CREATE A WARRANTY, AND YOU MAY NOT RELY UPON SUCH ADVICE OR INFORMATION. NEITHER LICENSOR NOR ANYONE ELSE WHO HAS BEEN IN/QLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE DATA AND SPECIAL REPORT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE, ARISING OUT OF THE USE OR INABILITY TO USE THE DATA AND SPECIAL REPORT EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL DAMAGES, AND, THUS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This disclaimer of warranty and limited warranty is governed by the laws of [state].
If you have any questions about this agreement, or if you wish to contact Licensor for any reason, please write to Licensor at [address].