SOFTWARE WARRANTY AND END USER LICENSE AGREEMENT (“EULA”)

IMPORTANT – READ CAREFULLY

By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you are accepting these terms on behalf of another person, company or other legal entity, you represent and warrant that you have full authority to bind that person, company or legal entity to these terms. If you do not agree to the terms of this EULA, do not install or use the Software.

DEFINITIONS
“Software” means “Arc Software”.
“End-User Features” means non-development features of the Software: cube viewer, subset editor, etc.
“Developer Features“ means developer features of the Software such as dimension editing, rule editor, process editor, etc.
“Computer” means computer hardware whether physical or virtual, personal computer or server.
“End User License Agreement” means “EULA”
“Vendor” means “Cubewise Pty Ltd”
“Software” means only the Software program(s) and third-party Software programs or service, in each case, supplied by VENDOR herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation. This Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

SOFTWARE LICENSE AGREEMENT
This EULA is a legal agreement between you (either an individual or a single entity) and Vendor, for the Software.

TRIAL LICENSING FOR ORGANISATIONS
Trialing the Software entitles organisation to use the Software for the purpose of evaluating its features and capabilities only. The evaluation period is limited to 90 days. The Software can only be installed on one personal computer or server within your organisation. During the period of the trial, the Software can be used by any person in your organisation. Payment for the Software under a subscription period entitles organisation to use the Software for that period only. Subscription begins as soon as your initial payment is processed. Your subscription will continue without renewal notice until you cancel. You can cancel this subscription at any time using the provided link in your initial welcome email notification. Only the number of named users you have purchased licenses for are entitled to use the Software. The Software can be installed on any computers or servers within your organisation.

TRIAL LICENSING FOR INDIVIDUAL/CONTRACTOR/CONSULTANT
Trialing the Software entitles you to use Software for the purpose of evaluating its features and capabilities only. The evaluation period is limited to 90 days. The Software can be installed on any personal or client organisations’ computers for the purposes of evaluation. During the period of the trial, the Software can be used by any person in the organisation where it is installed. Payment for the Software under a subscription period entitles you to use the Software for that period only. Subscription begins as soon as your initial payment is processed. Your subscription will continue without renewal notice until you cancel. You can cancel this subscription at any time using the provided link in your initial welcome email notification. Your license permits unlimited client sites with only one site being active at any one time.

GENERAL USE OF LICENSE
This EULA grants you the right to use the End-User Features of the Software in perpetuity: You may install and use copies of this package, or any prior version on as many computers and users in accordance with the LICENSING rules set out in this EULA. A Developer subscription grants you the right to use the Developer Features and upgrade to the latest version of the Software for the period of the subscription.

APPLICATION CONTENT
You may not sell, license or otherwise distribute the application files contained within the Software on a stand-alone basis or as part of any collection, or as part of any product or service for resale except where such files are protected by the GNU or public domain.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

SOFTWARE TRANSFER
You may permanently transfer all of your rights under this EULA within your legal entity, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, and this EULA), and the recipient agrees to the terms of this EULA.

TERMINATION BY VENDOR
Without prejudice to any other rights, VENDOR may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the VENDOR Software and all of its component parts.

COPYRIGHT All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by VENDOR or the respective Software author.
PRICING
Vendor reserves the right to make changes to pricing.

MISCELLANEOUS
If this product was acquired outside of Australia, then local law may apply. Should you have any questions concerning this EULA, or if you desire to contact VENDOR, for any reason, please email: software@cubewise.com

LIMITED WARRANTY (Disclaimer of Warranty)
THIS Software PACKAGE, SERVICE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. ADDITIONALLY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VENDOR, DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE Software, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM COUNTRY/JURISDICTION TO COUNTRY/JURISDICTION. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VENDOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE Software OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF VENDOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, VENDOR’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE VENDOR PACKAGE OR £10.00 AUD. BECAUSE SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TRADEMARKS
All names of products and companies used in this EULA, the Software, or the enclosed documentation may be trademarks of their corresponding owners. Their use in this EULA is intended to be in compliance with the respective guidelines and licenses. Cognos, TM1 and Planning Analytics are trademarks of IBM. Windows, Windows 98, Windows NT, Windows ME, Windows XP, Windows 2000, Windows 2003 Server, Windows 2008 Server, Windows 2012 Server, Windows 2016 Server, Windows Vista, Windows 7, Windows 8 and Windows 10 are trademarks of Microsoft.

GOVERNING LAW
This agreement shall be construed in accordance with the laws of Australia.

PARTIAL VALIDITY
If any of the above paragraphs is or becomes invalid, this shall not affect the validity of the rest of this license agreement.

Cubewise CODE Pty Ltd
Level 11
99 Mount Street
North Sydney, NSW
Australia

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