BEFORE CONTINUING WITH THE INSTALLATION OF THE PROGRAM, YOU MUST READ, ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OF THE GDN INNOVATION PLATFORM SOFTWARE LICENSE AGREEMENT WHICH FOLLOWS. WHEN PROMPTED, PLEASE INDICATE WHETHER YOU ACCEPT OR DO NOT ACCEPT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THE GDN INNOVATION PLATFORM SOFTWARE LICENSE, PROMPTLY RETURN THE MEDIA PACKAGE AND THE ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS AND BINDERS OR OTHER CONTAINERS) TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND.

 

GDN Intelligence GDN INNOVATION PLATFORM SOFTWARE LICENSE

 

  1. GRANT OF LICENSE

 

GDN Intelligence grants to you the right to use one copy of the enclosed GDN INNOVATION PLATFORM SOFTWARE program (the “GDN INNOVATION PLATFORM SOFTWARE”) on a single terminal connected to a single computer. You may not network the GDN INNOVATION PLATFORM SOFTWARE or otherwise use it on more than one computer at the same time.

 

  1. COPYRIGHT

 

The GDN INNOVATION PLATFORM SOFTWARE is owned by GDN Intelligence or its suppliers and is protected by United Kingdom copyright laws and international treaty provisions. You may either (a) make one copy of the GDN INNOVATION PLATFORM SOFTWARE solely for backup or archival purposes, or (b) transfer the GDN INNOVATION PLATFORM SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not otherwise copy the GDN INNOVATION PLATFORM SOFTWARE, and you may not copy the written materials accompanying the GDN INNOVATION PLATFORM SOFTWARE.

 

  1. OTHER RESTRICTIONS

 

You may not rent or lease the GDN INNOVATION PLATFORM SOFTWARE, but you may transfer the GDN INNOVATION PLATFORM SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile or disassemble the GDN INNOVATION PLATFORM SOFTWARE. If the GDN INNOVATION PLATFORM SOFTWARE is an upgrade, any transfer must include the update and all prior versions.

 

  1. DUAL MEDIA GDN INNOVATION PLATFORM SOFTWARE

 

If the GDN INNOVATION PLATFORM SOFTWARE package contains more than one form of media, such as a 3.5″ diskette and a CD-ROM, then you may use only the media appropriate for your single-user computer. You may not use the other media on another computer or loan, rent, lease, or transfer them to another except as part of the permanent transfer (as provided above) of all GDN INNOVATION PLATFORM SOFTWARE and written materials.

 

  1. LIMITED WARRANTY AND REMEDY

 

GDN Intelligence warrants the physical media (e.g. diskette(s) or CD-ROM) and the physical documentation to be free of defects in materials and workmanship for a period of 90 days from the original purchase date. If GDN Intelligence receives notification within this warranty period of any such defects and such notification is determined to be correct, GDN Intelligence will replace the media or documentation. The foregoing is your sole and exclusive remedy for any breach of warranty by GDN Intelligence. This limited warranty is void if the damage or defect has resulted from accident, abuse or misapplication.

 

 

 

 

  1. NO OTHER WARRANTIES

 

THE LIMITED WARRANTY ABOVE IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES FOR THE GDN INNOVATION PLATFORM SOFTWARE AND DOCUMENTATION. GDN Intelligence MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT FOR THE GDN INNOVATION PLATFORM SOFTWARE AND DOCUMENTATION. THE PROVISIONS ABOVE STATE NSMG’S ENTIRE RESPONSIBILITY AND YOUR SOLE AND EXLCUSIVE REMEDY WITH RESPECT TO ANY BREACH OF WARRANTY.

 

  1. LIMITED LIABILITY

 

IN NO EVENT SHALL GDN Intelligence OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE LICENSE OF, USE OF, OR INABILITY TO USE ANY GDN Intelligence GDN INNOVATION PLATFORM SOFTWARE, EVEN IF GDN Intelligence HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NSMG’S LIABILITY EXCEED THE LICENSE FEE PAID BY YOU. THIS LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN THE PRICE OF THE GDN INNOVATION PLATFORM SOFTWARE.

 

  1. SEVERABILITY

 

If any provision of this Agreement is ruled invalid, such invalidity shall not affect the validity of the remaining portions of this Agreement.

 

  1. TERM

 

This license is effective until terminated. You may terminate it at any time by destroying the GDN INNOVATION PLATFORM SOFTWARE together with all copies, modifications and merged portions in any form. It will also terminate upon your failure to comply with any term or condition of this Agreement. In the event of such termination, you agree to promptly destroy the GDN INNOVATION PLATFORM SOFTWARE together with all copies, modifications and merged portions in any form.

 

  1. MISCELLANEOUS

 

This is the entire Agreement between you and GDN Intelligence, and supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement. The parties disclaim the application of the United Nations Convention on the International Sale of Goods. This Agreement is governed by the laws of the London, United Kingdom. You may not export or re-export the GDN INNOVATION PLATFORM SOFTWARE or documentation without the appropriate United Kingdom or foreign government licenses.