LICENSE AGREEMENT FOR DATA ACCESS CORPORATION SOFTWARE PRODUCTS
SoftwareProducts: DataFlex Studio; DataFlex Personal; DataFlex WindowsClient; DataFlex Web Client; DataFlex Win/Web Combo, DataFlex WebApp Server; DataFlexConnectivity Kits.
IMPORTANT- READ CAREFULLY: This License Agreement is abinding legal agreement between You and Data Access Corporation("DAC") for the Software Product(s) identified above, which includescomputer software and associated media, and may include "online",electronic or printed documentation and associated materials (collectively the"Software Product(s)). By installing, copying, or using a SoftwareProduct or any part thereof, you warrant that you have the authority to enterinto this License Agreement and you agree to be legally bound by its terms andconditions, the limited warranties and limitations of liability andrestrictions herein. If you do not agree to all terms and conditions of thisLicense Agreement, you are not authorized to install or use the SoftwareProduct(s).
For the purposesof this License Agreement, the following definitions apply:
ApplicationSoftware An End-User application software program developed with the proprietaryDataFlex language.
DataFlex Windows Client Proprietary DataFlex software, the presence of which is required forthe execution and use of Windows Desktop Application Software and for which alicense is required for the execution and use of Windows Desktop ApplicationSoftware.
DataFlex WebAppServer Proprietary DataFlex software, the presence of which is required forthe execution and use of web, mobile or other forms of internet basedApplication Software and for which a license is required for the execution anduse of web, mobile or other forms of internet based Application Software.
DataFlex Windows/WebCombo Client The inseparable combination of a DataFlex Windows Client and aDataFlex Web Client licensed as a single Software Product. Each individual named user must be included in the licensed Number of Named End Users.
Number of EndUsers / Number of Named End Users The count of the total number of EndUsers or Named End Users licensed to use a Software Product under the terms andconditions of this License Agreement.
Number of Web Applications The number of web, mobile or internet Application Software programs licensedfor use on a DataFlex WebApp Server.
Server Instance A network operating system environment installed a) directly on a physicalhardware server or b) on a virtual server, including a cloud server instance,that is configured to share resources among multiple End Users computers ordevices that are connected to it. Non-running, stored virtual Server Instancesrequire licenses as defined in the Software Product Price List or ProductInformation Document for a specific product revision. A specific connection technologyis not consequential to the definition of a Server Instance; the existence ofmultiple End User connections and the sharing of resources are the essence of aServer Instance for the purposes of this License Agreement. For licensingpurposes, every installation of a Software Product on any Server Instancerequires an individual, serialized license and registration code.
SOFTWARE PRODUCT LICENSE
1.1 LICENSE FOR DATAFLEXSTUDIO: You may install DataFlex Studio on any computer of which you are theprimary user. You may use DataFlex Studio on only one computer at a time. Youmay not share or otherwise allow another person to use your DataFlex Studio ora DataFlex Studio designated solely for your use. You may use DataFlex Studio todesign, write, compile and test Application Software. For the purpose ofcreating Application Software, you may use and incorporate into your compiled ApplicationSoftware program code, modules, packages, libraries and components installedwith DataFlex Studio. You may deploy in your legal business entity compiledApplication Software you create provided that properly licensed DataFlex WindowsClient, DataFlex Web Client, DataFlex WebApp Server and DataFlex ConnectivityKit Licenses are provided for each End User. DataFlex Studio includes a three-userDataFlex Windows Client with Connectivity Kit License and a three-user DataFlexWeb Client License for use solely within your business. Four or more End Users inyour business require the purchase of additional licenses. You may distributeto third parties compiled Application Software you create provided that youacquire for the End User or the End User acquires a valid license for the DataFlexWindows Client, DataFlex Web Client or DataFlex WebApp Server and DataFlex ConnectivityKit as appropriate to the requirements of your Application Software.
The License for DataFlexStudio includes entitlement to deploy and use a DataFlex WebApp Testing Server(Testing Server) for development and testing use only; production deployment and/oruse of the Testing Server is not licensed. For your Application Software developmentand testing purposes only, you may install the Testing Server on a developmentcomputer of which you are the primary user. Solely for the purposes ofpre-production testing of Application Software that requires a DataFlex WebAppServer, you may install the Testing Server on a Server Instance accessible by EndUser testers and use the Testing Server to assess the quality and suitabilityfor production use of your Application Software. The number of End User testersthat access the Testing Server is not restricted. You are responsible for thelimited, correct and compliant use of the Testing Server. Solely with respectto electronic documents included with the Software Product, you may make copies(either in hardcopy or electronic form), provided that such copies are only foryour use with the Software Product and are not republished or distributed toany third party.
If you are anindividual person, the entitlements in this DataFlex Studio license are grantedonly to you. If you are a legal business entity, you may designate one namedperson to exercise the rights to use DataFlex Studio granted above. Yourdesignated user shall be referred to as you in this section. The designation ofone named person to exercise your license rights does not create a separate,additional license for the designated user; licensee rights andresponsibilities are non-transferrable and remain yours.
1.2 LICENSE FOR DATAFLEXPERSONAL: For the purposes of the License for DataFlex Personal you means aprivate, individual person not acting as or on behalf of a public or privatebusiness, organization, school, for-profit or not-for-profit entity of any kindwhatsoever. You may install and use DataFlex Personal on one computer of which youare the primary user. You may use DataFlex Personal to design, write, compileand test Application Software solely for personal, private, non-commercial use.You may use and incorporate into your compiled Application Software programcode, modules, packages and components supplied with DataFlex Personal. DataFlexPersonal includes a DataFlex Personal Windows Client with Connectivity KitLicense for the personal, private, non-commercial use of your ApplicationSoftware by up to three non-commercial End Users. You may distribute to thirdparties compiled Application Software you create solely for their personal,private, non-commercial use as long as you also provide End Users of yourApplication Software with 1) a copy of the Personal Windows Client withConnectivity Kit included with the Software Product, 2) your Personal LicenseRegistration Code and 3) your End User License Agreement. Your End User LicenseAgreement must define the personal, private, non-commercial usage restrictionsapplicable to your Application Software.
DataFlex Personal includesa Personal DataFlex WebApp Server Lite for the development and testing ofpersonal, private, non-commercial Web Application Software on one computer ofwhich you are the primary user provided that such computer is not used topublish web Application Software for any third party. You may install and usethe Personal DataFlex WebApp Server Lite on one Server Instance accessible tothird parties via the internet provided that your Application Software isstrictly for your personal, private, non-commercial use. You may not distributethe Personal Web Application Server Lite to third parties in any form or mannerwhatsoever.
High school,secondary school, college or university students may use DataFlex Personal inclassroom learning environments of not-for-profit educational institutionsprovided that each student acquires his/her own unique license serial numberand registration code from DAC.
Solely withrespect to electronic documents included with the Software Product, you maymake copies (either in hardcopy or electronic form), provided that such copiesare only for your use in operating this Software Product and are notrepublished or distributed to any third party. If you have questions about theappropriate use of DataFlex Personal, contact DAC, the nearest Data AccessWorldwide regional office or Channel Partner.
1.3 LICENSE FOR DATAFLEXWINDOWS CLIENT: You may install and/or use the DataFlex Windows Client onPersonal Computers or on one or more Server Instances provided that no morethan the licensed Number of End Users use the DataFlexWindows Client. If the licensed Number of End Users is one, you may not installor authorize third parties to install the DataFlex Windows Client on a ServerInstance and you may not use the DataFlex Windows Client in any mode ofoperation that enables an End User of your Application Software to exchangedata with another user of your Application Software or to share data ordatabases. The DataFlex Windows client is licensed solely for the execution ofWindows desktop Application Software. The DataFlex Windows Client is notlicensed for any form of use in which 1) End Users access the resources of the DataFlexWindows Client over the Internet or 2) End Users or other programs or processesor third-party products execute Application Software using the DataFlex WindowsClient where the End User, other program or process or third party product requestsand/or responses originate over the Internet or where data is served by the DataFlexWindows Client over the Internet. Notwithstanding the foregoing, the use ofWindows Remote Desktop Services (formerly Windows Terminal Services), CitrixXenApp and similar remote desktop application sharing environments that enableEnd Users to access over the internet Windows desktop Application Software thatuses the DataFlex Windows Client is licensed.
1.4 LICENSE FOR DATAFLEXWINDOWS CLIENT DISTRIBUTION: You may distribute one DataFlex Windows Client (eachwith a Number of End Users = one) with each copy of your Application Softwareprovided that your Application Software license limits use of the Distributed DataFlexWindows Client to only a single End User computer system and that yourApplication Software does not allow your End Users to share common databases. TheDataFlex Windows Client is not licensed for any form of operation in which 1)End Users access the resources of the DataFlex Windows Client over the Internetor 2) End Users or other programs or processes or third-party products executeApplication Software running on the DataFlex Windows Client where the End User,other program or process or product requests and/or responses originate overthe Internet or where data is served by the DataFlex Windows Client over theInternet.
1.5 LICENSE FOR DATAFLEXWEB CLIENT: The DataFlex Web Client license is an entitlement for a defined Numberof Named End Users to access and use web Application Software installed on aDataFlex WebApp Server. Web Client licenses may not be shared among End Users each Named End User of the web Application Software must have an individuallyassigned license for a DataFlex Web Client. To enable licensed DataFlex WebClient Named End Users to access your web Application Software, You areentitled to install a DataFlex WebApp Server provided that only the licensed NamedEnd Users use the DataFlex WebApp Server Software. Multiple instances ofDataFlex WebApp Server may be installed to support a large Numbers of Named EndUsers. Each installed DataFlex WebApp Server used with Web Clients must have aunique serial number and registration code provided by DAC.
1.6 LICENSE FOR DATAFLEXWINDOWS/WEB COMBO CLIENT: The Windows/Web Combo Client license is anentitlement for a defined Named Number of End Users to use both a WindowsClient and a Web Client according to their respective license definitions,entitlements and limitations. Windows/Web Combo Clients may not be shared amongusers each End User must be uniquely named and must have an individuallyassigned Combo license that cannot be used by another End User. Windows/WebCombo Client Licenses may not be unbundled and used by different groups of EndUsers.
1.7 LICENSE FOR DATAFLEXWEB APPLICATIONS: The license for Web Applications is an entitlement to installand use a specified Number of Web Applications on one DataFlex WebApp Server. Youmay install one DataFlex WebApp Server to execute the licensed Number ofApplications. The Number of Web Applications installed on the DataFlex WebApp Servermust not exceed the licensed Number of Web Applications authorized according tothe Software Product Price List or Product Information Document applicable to yourcountry. Notwithstanding any other provision of this License Agreement, aDataFlex Web Application license does not include entitlement to host, operateor offer Software as a Service (SaaS) web Application Software whereby EndUsers pay recurring fees to use hosted web applications or the services of suchapplications via a web browser or web service. SaaS licensing terms, conditionsand pricing are available. Contact Data Access Corporation, a regional DataAccess Worldwide office or Channel Partner for SaaS licensing details.
1.8 LICENSE FOR DATAFLEX CONNECTIVITY KITS: You may install and/or use DataFlex Connectivity Kits onPersonal Computers or Server Instances with DataFlex Windows Clients andApplication Software provided that no more than the licensed Number of EndUsers use the DataFlex Connectivity Kits. You mayinstall and/or use DataFlex Connectivity Kits on Server Instances with DataFlexWeb Application licenses or Web Client licenses and Application Softwarerunning on DataFlex WebApp Server provided that no more than the licensed Numberof Applications or the licensed Number of named End users usethe DataFlex Connectivity Kit.
To increase theNumber of End Users, Number of Named End Users of Number of Applications contactyour Application Softwares developer or Data Access Corporation, a regional DataAccess Worldwide office or Channel Partner.
1.9 LICENSE FOR DATAFLEX STUDIO FOR EDUCATIONAL USE: You may install the Software Product on onecomputer. You may use the Software Product to design, write, compile and testApplication Software solely in connection with courses in the field of computerscience, computer programming or application software design and developmentthat you take at an accredited, not-for-profit educational institution. You mayuse and incorporate into your Application Software program code, modules,packages and components supplied with the Software Product for the purpose ofcreating Application Software provided that your Application Software isdeveloped solely in connection with your education. You may not deploy orotherwise distribute to third parties compiled Application Software you createexcept when providing the results of your work to others involved in your education.Solely with respect to electronic documents included with the Software Product,you may make printed copies, provided that such copies are only for your use inoperating this Software Product and are not republished or distributed to anythird party.
An EVALUATIONLICENSE for any DAC Software Product grants youentitlement to install and use the particular Software Product on one computerof which you are the primary user. You may use the Software Product to design,write, compile and test Application Software solely for the purpose ofevaluating the Software Products suitability for your requirements. You maynot deploy or otherwise distribute to third parties compiled ApplicationSoftware you create with an Evaluation License except when providing theresults of your work to others directly involved in the evaluation process.Solely with respect to electronic documents included with the Software Product,you may make printed copies, provided that such copies shall be only for youruse in operating this Software Product and are not republished or distributedto any third party.
NOTICE: EvaluationLicenses and Educational Licenses may have specifications that vary from releasedcommercial Software Product licenses purchased at retail. Evaluation andEducational Licenses may have internal controls that cause them to cease tooperate after a certain date. Your license to use an Evaluation or EducationalLicense expires on the first to occur of the following: a date defined inwriting by Data Access Corporation or the action of an internal control thatcauses operation of the Software Product to cease. You accept fullresponsibility to know and understand the limits of your License and to ensurethat the terms and conditions of the license, its specifications and timelimitations, if any, are appropriate to your use of the Software Product.
You may purchasecommercial versions of Evaluation and Educational Software Products to deployor distribute compiled Application Software. Regardless of the effect of anyinternal controls that may or may not be present in the Software Product, if License is granted for a specific period of time, your rights to use the Software Product cease upon the expiration of the licensed period. Contact the nearest Data AccessWorldwide regional office or Channel Partner for more information.
2. RESERVATION OF RIGHTS.
Except asexpressly granted herein, DAC retains all right, title and interest in and to theSoftware Products and any copies of the Software Products, regardless oflocation or the form in which the copies may exist. The Software Productsdesign, structure, organization and source code are valuable trade secrets ofDAC and its suppliers and are protected under U.S. and international copyrightand trade secret laws.
All copyrights inand to the Software Products, in all forms, and all copies of the SoftwareProducts wherever situated are owned by DAC or its suppliers. The SoftwareProducts are protected by copyright laws and international treaty provisions.Therefore, you must treat the Software Products like any other copyrightedmaterial except that you may make one copy of a properly licensed SoftwareProduct solely for inactive backup or archival purposes.
4. DESCRIPTION OF OTHER SOFTWAREPRODUCT RIGHTS AND LIMITATIONS.
You may not sublicense, reproduce, distribute, transmit, market, sell, assign, transfer,disclose, translate, modify, disassemble, or reverse engineer any SoftwareProduct by any means or in any form, or create derivative works based on theSoftware Products, or any portions thereof, or obtain possession of any sourcecode or other technical material relating to Software Products. Notwithstandingthe foregoing, if the Software Product is a DataFlex WebApp Server, use of theSoftware Product on a Server Instance you own or control or use via commercialInternet hosting services or so-called cloud computing services is allowedprovided that the Software Product is otherwise installed and used according tothe entitlements and restrictions of this License Agreement. You agree not toexport the Software Products outside of the country in which it was originallylicensed. You agree not to remove, alter, or obscure any copyright notices orproprietary legends contained on the media or included in the Software Productsand their installation programs. You agree that the Number of End Users, Numberof Named End Users, Number of Applications or other specifications written onthe invoice, purchase order, product label or other documents applicable todefining the Software Products use is incorporated into this License Agreementfor the purpose of defining the limits of your use. You agree not to allow morethan the licensed Number of End Users or Number of Named End Users to use theSoftware Product. You agree not to install or use more than the licensed Numberof Applications on DataFlex WebApp Server. You agree not to interfere with orremove any technical limitations on the Number of End Users, Number of NamedEnd Users, Number of Applications, number of terminals, workstations orpersonal computers, devices or other restrictions that may be incorporated intothe Software Product. You further agree that although the Software Product maybe restricted by technical means, that the terms, restrictions and limitationsof use defined in this License Agreement shall take precedence over anyphysical mechanism that restricts or attempts to restrict the use of theSoftware Product. You agree not to use a sub-component of a Software Productfor any purpose other than the use licensed herein. You may distribute yourApplication Software source code to others but you may not distribute DACsource code, packages, development modules or components with your source code.If Software Product incorporates Codejock Software ActiveX controls, saidcontrols shall be subject to the same terms and conditions, restrictions andlimitations as DACs Software Product. Use of any incorporated CodejockSoftware ActiveX controls with any product other than DataFlex is a violationof this license agreement and is NOT licensed hereunder. If the SoftwareProduct includes the software of any third party, the third party softwareshall be subject to the same terms, conditions, restrictions and limitations asDACs Software Product.
5.DESCRIPTION OF TERMS ANDLIMITATIONS FOR APPLICATION SOFTWARE
DAC makes noclaims upon Application Software you create. Subject to the other provisionsand limitations of this License Agreement, you may distribute DataFlex WindowsClients, DataFlex Web Clients, DataFlex Connectivity Kits or DataFlex WebAppServers with Application Software you create provided that you include orotherwise provide a valid, fully paid license for each End User of yourApplication Software or for the Number of Applications installed on a DataFlexWebApp Server. If you do not distribute DataFlex Windows Clients, DataFlex WebClients, DataFlex Connectivity Kits or DataFlex WebApp Servers with yourApplication Software, your End User customers must purchase the requiredSoftware Product directly from DAC or a Data Access Worldwide Regional Officeor Channel Partner. You further confirm and agree that your ApplicationSoftware bears your valid copyright notice and the words Portions CopyrightData Access Corporation in the same location, type size and style as yourcopyright notice. You acknowledge and agree that DAC makes no representationsand provides no warranty for your Application Software. You accept fullresponsibility for any and all aspects of your Application Software includingbut not limited to its specification, design, implementation, operation,function, support and maintenance. You agree that neither DAC nor itssubsidiaries, affiliates, officers, directors, representatives, employees orshareholders have or shall have any responsibilities or liabilities whatsoeverto you or to End Users of your Application Software. You agree to indemnify andhold DAC, its subsidiaries, affiliates, officers, directors, representatives,employees, shareholders and suppliers harmless from and against any claims orliabilities arising from or as a result of any use of your Application Software.Your agree not to create or distribute Application Software that provides EndUsers or other third parties with the general capability to create ApplicationSoftware or to create and deploy databases of their own design.
6.DESCRIPTION OF ADDITIONAL SOFTWARESUBJECT TO THIS LICENSE AGREEMENT
Unless asubsequent License Agreement is provided, the terms of this License Agreementapply to all Software Product updates, subscriptions, revisions, supplements,additional feature components, or other components that DAC may provide or makeavailable without a specific License Agreement after the effective date of thisLicense Agreement. By installing and using any new or updated Software Productaccompanied by this License Agreement, You agree that the terms and conditionsof this License Agreement replace and supersede the terms and conditions of theLicense Agreement originally applicable to any prior revisions of DAC SoftwareProducts still used by the licensee.
This LicenseAgreement terminates automatically upon your failure to comply with its termsor conditions. Without prejudice to any other rights, DAC may terminate thisLicense Agreement immediately if you fail to comply with the terms andconditions hereof. In the event of termination, you must immediately cease alluse of the Software Product, cease use and/or distribution ofApplication Software created the Software Products licensed herein and destroyall copies of the Software Products in your possession.
You will not ship,transfer or export, directly or indirectly, electronically or otherwise, theSoftware Products into any country prohibited by the United States ExportAdministration Act and any related regulations (the "Act"), nor will youuse the Software Products for any purpose prohibited by the Act or by the lawsof the United States or the country in which you are located.
9. U.S. GOVERNMENT RESTRICTED RIGHTS.
THE SOFTWAREPRODUCTS AND DOCUMENTATION ARE PROVIDED WITH RESTRICTED RIGHTS. USE,DUPLICATION, OR DISCLOSURE BY THE GOVERNMENT IS SUBJECT TO THE RESTRICTIONS SETFORTH IN SUBPARAGRAPH (C)(1)(II) OF THE RIGHTS IN TECHNICAL DATA AND COMPUTERSOFTWARE CLAUSE AT DFARS 252.227-7013 OR SUBPARAGRAPHS (C)(1) AND (2) OF THECOMMERCIAL COMPUTER SOFTWARE-RESTRICTED RIGHTS AT 48 CFR 52.227-19, ASAPPLICABLE AND AS MAY BE AMENDED. MANUFACTURER IS DATA ACCESS CORPORATION/14000SW 119th AVENUE/MIAMI, FL/United States 33186-6017.
This LicenseAgreement is the entire agreement between you and DAC and supersedes anyproposal or prior agreement, offer, oral or written, in hardcopy or electronicin any form, and any other communications relating to the subject matter of this License Agreement.
Any and all feesand payments shall be exclusive of foreign, state and local use, sales,property, internet and electronic commerce taxes, whether current or future to pay any and all such taxes.
If you acquired the Software Product in the United States, this License Agreement is governedby the laws of the State of Florida. If you acquired the Software Productoutside the United States, then Florida, USA law applies unless local lawdefinitively takes precedence. The United Nations Convention on theInternational Sale of Goods and The United Nations Convention on the Formationof Contracts for the International Sale of Goods shall not apply to thisLicense Agreement or the parties hereto.
Should you haveany questions concerning this License Agreement, or ifyou desire to contact Data Access Corporation for any reason, please contactthe Data Access Corporation subsidiary serving your country, or write: DataAccess Corporation, 14000 SW 119th Avenue/Miami, FL 33186-6017.
For a period ofthirty days from the date of invoice, DAC warrants that the licensed SoftwareProduct will perform substantially in accordance with the accompanyingdocumentation created by DAC. Some states and jurisdictions do not allowlimitations on duration of an implied warranty, so the above limitation may notapply to you. To the extent allowed by applicable law, implied warranties onthe Software Products are limited to ninety days. The general limited warrantyvaries according to the specific Software Product licensed as follows:
DataFlex Personal isprovided as-is, without warranty of any kind.
DataFlex WindowsClient and DataFlex Web Client Software Products are provided as-is, without warranty of any kind.
DataFlex WebAppServers are provided as-is, without warranty of any kind.
Connectivity Kitsare provided as-is, without warranty of any kind.
Evaluation SoftwareProducts are provided as-is, without warranty of any kind.
Regardless of the form or action, whether in contract, negligence, strict liability, tort, productsliability, or otherwise, you agree that DACs and its suppliers entireliability and your exclusive remedy shall be, at DACs sole option, either (a)return of the license price paid, or (b) repair or replacement of theSoftware Product that does not meet DACs Limited Warranty as described aboveand which is returned to DAC with a copy of your receipt. This Limited Warrantyis void if failure of the Software Product has resulted from accident, abuse,or misapplication or if the Software Product has been modified in any waywhatsoever. Any replacement Software Product will be warranted for theremainder of the original warranty period or thirty (30) days, whichever islonger. Outside the United States, neither these remedies nor any productsupport services offered by DAC are available without proof of purchase from anauthorized source. The parties acknowledge that these remedies are reasonablebased on the nature of the Software Products and shall not be deemedunreasonable or to fail of their essential purpose.
NO OTHER WARRANTIES OR CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,DAC AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHEREXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIEDWARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULARPURPOSE WITH REGARD TO THE SOFTWARE PRODUCTS AND ANY OTHER PRODUCTS OR GOODSPROVIDED BY DAC. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAYHAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
NO LIABILITY FORCONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NOEVENT SHALL DAC, OR ITS SUPPLIERS, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLEFOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESSINTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL OR ANY OTHERPECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWAREPRODUCTS, OR ANY OTHER PRODUCTS OR GOODS PROVIDED BY DAC OR ANY PORTIONTHEREOF, EVEN IF DAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATIONOF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAYNOT APPLY TO YOU.