Business Insight - MDX
designer
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is
a legal agreement between you
(either an individual or a single entity) and Oreus for the Oreus software product
identified above, which includes computer software and may include associated
media, printed materials, and "online" or electronic documentation ("Product").
An amendment or addendum to this EULA may accompany the
Product.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY
INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT
INSTALL OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A
FULL REFUND.
In addition, by installing, copying, or otherwise using
subscription updates that you receive as part of the Product (''UPDATES''), you
agree to be bound by the additional license terms that accompany such UPDATES.
If you do not agree to the additional license terms that accompany such UPDATES,
you may not install, copy, or use such UPDATES.
1. Applicability of License
Depending on the product level you have chosen, the
Product may consist of product documentation, sample applications, books and
periodicals, tools and utilities, miscellaneous technical information, operating
systems, development toolkits, server applications, and development tools (each,
a "COMPONENT," and collectively "COMPONENTS," of the
Product).
2. General Grant of License
In general, for each license you have acquired for the
Product, one individual is authorized to use the Product according to the terms
of this EULA. Unless expressly stated otherwise, the Product may not be
separated for use by more than the one individual authorized to use the Product.
A single product level may have multiple licenses to use the Product associated
with that level; nonetheless, each license must be dedicated to use of the
Product by one individual.
Specifically:
a.
If you are an individual, Oreus grants to you as an
individual a personal, nonexclusive license to make and use copies of the
Product in accordance with the terms of this EULA, provided that you are the
only individual using the Product.
b.
If you are an entity, Oreus grants to you the right to
designate one individual within your organization to have the sole right to make
and use copies of the Product in accordance with the terms of this
EULA.
c.
If you are an entity and have acquired this EULA as part
of a Oreus License Pack, Oreus
grants to you the right to designate one individual per license (i.e., on a
one-for-one basis) within your organization to have the sole right under each
such license to make and use copies of the Product in accordance with the terms
of this EULA.
3. Effect of Licenses contained in
COMPONENTS
COMPONENTS that you receive as part of the Product may
have their own licenses (each, a "Component Agreement"). In the event of
inconsistencies between this EULA and any Component Agreement, the terms of the
Component Agreement shall control except in the following
instances:
a.
For all of the Product, Section 4 of this EULA shall
control; and
b.
For all COMPONENTS included in the Business Insights MDX Designer all
provisions of this EULA shall control.
4. Additional Rights and
Limitations-General
4.1
Limitation on Reverse Engineering, Decompilation, and Disassembly. You may not reverse
engineer, decompile, or disassemble the Product, except and only to the extent
that it is expressly permitted by applicable law notwithstanding this
limitation.
4.2
Termination. Without prejudice to any other rights,
Oreus may cancel this EULA if you do not abide by the terms and conditions of
this EULA, in which case you must destroy all copies of the Product and all of
its component parts.
4.3
Consent to Use of Data. You agree that Oreus and its
affiliates may collect and use technical information you provide as a part of
support services related to the Product. Oreus agrees not to use this
information in a form that personally identifies you.
4.4
Not for Resale Software. Product identified as "Not for
Resale" or "NFR" may not be resold, transferred, or used for any purpose other
than demonstration, test, or evaluation.
4.5
Software Transfer. You may permanently transfer all of
your rights under this EULA, provided you retain no copies, you transfer all of
the Product (including all COMPONENTS, UPDATES, the media and printed materials,
any upgrades, and this EULA), you provide Oreus notice of your name, company,
and address and the name, company, and address of the person to whom you are
transferring the rights granted herein, and the recipient agrees to the terms of
this EULA. If the Product is an upgrade, any transfer must include all prior
versions of the Product. If the Product is received as part of a subscription,
any transfer must include all prior deliverables of Product and all other
subscription deliverables.
4.6
Separation of COMPONENTS. The Product is licensed as a
single product. Its COMPONENT parts may not be separated for use by more than
one user (or for use on more than one computer for Business Insights MDX Designer
software).
4.7
Prerelease Code. Portions of the Product may be
identified as prerelease code ("Prerelease Code"). Such Prerelease Code is not at the level of
performance and compatibility of the final, generally available product
offering. The Prerelease Code may not operate correctly and may be substantially
modified prior to first commercial shipment. Oreus is not obligated to make this
or any later version of the Prerelease Code commercially available. The grant of
license to use Prerelease Code expires upon availability of a commercial release
of the Prerelease Code from Oreus.
4.8
Update License Terms. All UPDATES shall be considered
part of the Product and subject to the terms and conditions of this EULA.
Additional license terms may accompany UPDATES (as defined in the first
paragraph of this EULA). By installing, copying, or otherwise using any UPDATE,
you agree to be bound by the terms accompanying each such UPDATE. If you do not
agree to the additional license terms accompanying such UPDATES, do not install,
copy, or otherwise use such UPDATES.
5. Licenses Applicable to Business Insights MDX
Designer
5.1
General. Oreus grants you, a personal,
nonexclusive license to make and use the purchased number of copies of each of
the software programs contained in the COMPONENTS included in the Program described
in the heading to this subsection for the general business purposes of using the
product(s).
5.2
Business Insights MDX Designer - Additional Rights and
Restrictions
a.
Documentation. For the Business Insights MDX Designer, Oreus
grants you a worldwide, nonexclusive, nontransferable, royalty-free right to
make, use, and install an unlimited number of copies of the Business Insights MDX Designer solely
for internal use by an unlimited number of end users so long as: (i) such end
users are persons who are generally granted access to your internal network;
(ii) such copies shall be used
only for internal purposes and are not to be republished or distributed (either
in hard copy or electronic form) beyond your premises; and: (iii) you may use documentation
identified in the Business Insights MDX
Designer as the file format specification for Business Insights MDX Designer Viewer
("File Format Documentation") solely in connection with your development of
software product(s) that operate in conjunction with various versions of Windows
operating system.
Note:
A product that includes limited word-processing,
spreadsheet, database, or presentation graphics components along with other
components that provide significant and primary value, such as an accounting
product with limited spreadsheet capability, is not considered to be a
"general-purpose" product. For licensing terms relating to use of the File
Format Documentation for purposes other than the use described above, please
contact Oreus.
b.
Sample Code included in Business Insights MDX Designer
(collectively, "Business Insights MDX Designer Sample Code"). Provided that you
comply with the terms of Section 8, Oreus grants you the following
nonexclusive, royalty-free rights: (a) to use and modify the source code
version of, and reproduce and distribute the object code version of, those
portions of the Business Insights MDX Designer Sample Code identified as sample code
within the documentation and/or in the "sample code" directory (exclusive of
.dll files); and (b) to reproduce and distribute the
object code version of the .dll files included as part
of the Library Sample Code, solely in conjunction with a software product
developed by you that adds primary and significant functionality to the Business
Insights MDX Designer Sample Code.
6. Distribution Requirements
If you choose to redistribute the Business Insights MDX Designer Sample
Code with a software product developed by you as described in this EULA
(an "Application"), you agree to (a) not permit further redistribution
of the Business Insights MDX Designer Sample Code by your end-user customers;
(b) not use Oreus's name, logo, or trademarks to market your
Application; (c) include a valid
copyright notice on your Application; (d) indemnify, hold harmless, and
defend Oreus from and against any claims or lawsuits, including attorney's fees,
that arise or result from the use or distribution of your application; (e) include "Copyright <year>
Oreus d.o.o., Zagreb, Croatia" in all Oreus code used within your program(s);
(f) otherwise comply with the
terms of this EULA; and (g) that
Oreus reserves all rights not expressly granted. Notwithstanding subsection
8(a), above, you may permit further redistribution of the Redistributable Code by your
distributors to your end-user customers if your distributors only distribute the
Redistributable Code in conjunction with, and as part of, your Application and
you and your distributors comply with all other terms of this
EULA.
7. LIMITED WARRANTY
Oreus warrants that the Product will perform
substantially in accordance with the accompanying materials for a period of 90
days from the date of receipt.
If an implied warranty or condition is created by your
state/jurisdiction and federal or state/provincial law prohibits disclaimer of
it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS
DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY
DEFECTS DISCOVERED AFTER THE NINETY (90)-DAY PERIOD, THERE IS NO WARRANTY OR
CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how
long an implied warranty or condition lasts, so the above limitation may not
apply to you.
Any supplements or updates to the Product, including
without limitation, any (if any) service packs or hot fixes provided to you
after the expiration of the ninety-day Limited Warranty period are not covered
by any warranty or condition, express, implied, or
statutory.
8. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER
DAMAGES
Your exclusive remedy for any breach of this Limited
Warranty is as set forth below. Except for any refund elected by Oreus, YOU ARE
NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES,
if the Product does not meet Oreus's Limited Warranty,
and, to the maximum extent allowed by applicable law, even if any remedy fails
of its essential purpose. The terms of Section 11 below ("Exclusion of
Incidental, Consequential, and Certain Other Damages") are also incorporated
into this Limited Warranty. Some states/jurisdictions do not allow the exclusion
or limitation of incidental or consequential damages, so the above limitation or
exclusion may not apply to you. This Limited Warranty gives you specific legal
rights. You may have others which vary from state/jurisdiction to
state/jurisdiction. YOUR EXCLUSIVE REMEDY.
Oreus's and
its suppliers' entire liability and your exclusive remedy shall be, at Oreus's option from time to time exercised subject to
applicable law, (a) return of the price paid (if any) for the Product, or (b)
repair or replacement of the Product, that does not meet this Limited Warranty
and that is returned to Oreus with a copy of your receipt. You will receive the
remedy elected by Oreus without charge, except that you are responsible for any
expenses you may incur (e.g. cost of shipping the Product to Oreus). This
Limited Warranty is void if failure of the Product has resulted from accident,
abuse, misapplication, abnormal use, or a virus. Any replacement Product will be
warranted for the remainder of the original warranty period or thirty (30) days,
whichever is longer. Outside the
9. DISCLAIMER OF WARRANTIES
The Limited Warranty that appears above is the only
express warranty made to you and is provided inlieu of
any other express warranties (if any) created by any documentation or packaging.
Except for the Limited Warranty and to the maximum extent permitted by
applicable law, Oreus and its suppliers provide the Product and Support Services
(if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and
conditions, either express, implied, or statutory, including, but not limited
to, any (if any) implied warranties, duties or conditions of merchantability, of
fitness for a particular purpose, of accuracy or completeness of responses, of
results, of workmanlike effort, of lack of viruses, and of lack of negligence,
all with regard to the Product, and the provision of or failure to provide
Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET
ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT
WITH REGARD TO THE PRODUCT.
10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN
OTHER DAMAGES
To the maximum extent permitted by applicable law, in no
event shall Oreus or its suppliers be liable for any special, incidental,
indirect, or consequential damages whatsoever (including, but not limited to,
damages for loss of profits or confidential or other information, for business
interruption, for personal injury, for loss of privacy, for failure to meet any
duty including of good faith or of reasonable care, for negligence, and for any
other pecuniary or other loss whatsoever) arising out of or in any way related
to the use of or inability to use the PRODUCT, the provision of or failure to
provide Support Services, or otherwise under or in connection with any provision
of this EULA, even in the event of the fault, tort (including negligence),
strict liability, breach of contract, or breach of warranty of Oreus or any
supplier, and even if Oreus or any supplier has been advised of the possibility
of such damages.
11. LIMITATION OF LIABILITY AND
REMEDIES
Notwithstanding any damages that you might incur for any
reason whatsoever (including, without limitation, all damages referenced above
and all direct or general damages), the entire liability of Oreus and any of its
suppliers under any provision of this EULA and your exclusive remedy for all of
the foregoing (except for any remedy of repair or replacement elected by Oreus
with respect to any breach of the Limited Warranty) shall be limited to the
greater of the amount actually paid by you for the Product or U.S. $5.00. The
foregoing limitations, exclusions, and disclaimers (including Sections 9, 10,
and 11 above) shall apply to the maximum extent permitted by applicable law,
even if any remedy fails its essential purpose.
12. APPLICABLE LAW
If you acquired this Product in the
13. ENTIRE AGREEMENT
This EULA (including any addendum or amendment to this
EULA which is included with the Product) are the entire agreement between you
and Oreus relating to the Product and the Support Services (if any) and they
supersede all prior or contemporaneous oral or written communications,
proposals, and representations with respect to the Product or any other subject
matter covered by this EULA. To the extent the terms of any Oreus policies or
programs for Support Services conflict with the terms of this EULA, the terms of
this EULA shall control.
14. Copyright
The Product is protected by copyright and other
intellectual property laws and treaties. Oreus or its suppliers own the title,
copyright, and other intellectual property rights in the Product. The Product is
licensed, not sold.