READ THIS AGREEMENT CAREFULLY BEFORE YOU CLICK ON THE "I ACCEPT" BUTTON. BY CLICKING THE "I ACCEPT" BUTTON, DOWNLOADING OR USING DATATRIM DUPE ALERTS (THE SERVICE), YOU ACKNOWLEDGE THAT (1) YOU ARE AUTHORIZED TO ENTER THIS AGREEMENT FOR AND ON BEHALF OF YOUR COMPANY, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, AND ARE DOING SO, AND (2) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU AND THE COMPANY SHALL BE BOUND BY THESE TERMS AND CONDITIONS AND ALL MODIFICATIONS AND ADDITIONS PROVIDED FOR. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST STOP THE INSTALLATION PROCESS AND MAY NOT USE THE SERVICE.## ##d2b International reserves the right to alter this agreement at any time.## ##Permitted Use:##Subject to the restrictions, warranties and undertakings herein, d2b International grants you a limited, non-exclusive, non-transferable, non-assignable and revocable license authorizing you to download and use DataTrim Dupe Alerts solely for your own internal business purposes. You may not, directly or indirectly, distribute DataTrim Dupe Alerts for a fee, incorporate this software into any product offered for sale, or use DataTrim Dupe Alerts to provide a service or a product for which a fee is charged.####If you are a direct competitor of d2b International or DataTrim you may not access DataTrim Dupe Alerts for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes, except with prior written consent of d2b International.## ##Restrictions:##Components from DataTrim Dupe Alerts may not be extracted and used in other programs without prior written consent from d2b International.####Unless you have been granted prior, written consent from d2b International, you may not:##a) Use DataTrim Dupe Alerts as the basis of a de-duplication service, or to provide de-duplication services to others, or to build a competitive product or service using similar ideas, features or functions.##b) Disassemble, reproduce, distribute, or transfer DataTrim Dupe Alerts, or portions thereof, to any third party. ##d) License, sublicense, sell, resell, transfer, assign, distribute, rent, lease, sublet or otherwise commercially exploit or make available to any third party DataTrim Dupe Alerts or portions thereof in any way. ##c) Grant rights to any other person. ##d) Use DataTrim Dupe Alerts in violation of any international law or regulation. ####Intellectual Property Ownership:##d2b International alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the DataTrim Dupe Alerts Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the DataTrim Dupe Alerts Technology or the Intellectual Property Rights owned by d2b International.## ##Indemnity:##You agree to indemnify and hold harmless d2b International and DataTrim for any third-party claims, actions or suits, as well as any related expenses, liabilities, damages, settlements or fees arising from your use or misuse of DataTrim Dupe Alerts, or a violation of any terms of this license.####Disclaimer of Warranties:##D2B INTERNATIONAL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF DATATRIM DUPE ALERTS OR ANY CONTENT.####D2B INTERNATIONAL DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF DATATRIM DUPE ALERTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ERRORS OR DEFECTS WILL BE CORRECTED, OR (D) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.####DATATRIM DUPE ALERTS AND ALL CONTENT AND SOFTWARE EMBEDDED OR INTEGRATED INTO THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY D2B INTERNATIONAL.####Limitation of Liability:##YOU ASSUME ALL RISK ASSOCIATED WITH THE INSTALLATION AND USE OF DATATRIM DUPE ALERTS. IN NO EVENT SHALL D2B INTERNATIONAL, THE AUTHORS OR COPYRIGHT HOLDERS OF THE SOFTWARE AND TECHNOLOGY BE LIABLE FOR CLAIMS, DAMAGES OR OTHER LIABILITY ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SERVICE, THE SOFTWARE AND TECHNOLOGY. LICENSE HOLDERS ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE, INCLUDING BUT NOT LIMITED TO THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS.####IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THIS AGREEMENT IS HELD TO BE INVALID AND D2B INTERNATIONAL BECOMES LIABLE SUCH LIABILITY WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR DATATRIM DUPE ALERTS DURING THE PRECEDING 12 MONTH PERIOD.## ##Questions or Additional Information:##If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to info@datatrim.com####Nov. 2007, d2b International/ DataTrim. All rights reserved.
