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BodhiGold: Terms

Copyright © 1999 - InfoSoft Australia Pty. Ltd. Copyright © 1999 - Electronic Information Solutions P/L.

This Product, including software and all accompanying documentation ("Product"), is the property of InfoSoft Australia Pty Ltd ("ISA"). The Information, that is derived by the use of this Product ("Information") is the property of the respective company's.
Information from Electronic Information Solutions Pty Ltd ("EIS") is the property of EIS.

Information from InfoDirect Pty Ltd ("InfoDirect") is the property of InfoDirect.
Information from the Yahoo Finance website is the property of Yahoo! Inc. ("Yahoo").

This Product and Information is made available to you, the original purchaser or where the original purchaser is an entity: the one designated person, subject to the following license agreement ("License").

ISA WILL LICENSE THIS PRODUCT TO YOU ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS LICENSE AGREEMENT. PLEASE READ THIS LICENSE CAREFULLY BEFORE YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. BY INSTALLING, COPYING OR OTHERWISE USING THIS SOFTWARE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. If you do not agree with the terms and conditions of this license agreement and you are the original purchaser of this software, you should promptly return the unused software, including packaging and all written material, to the place of purchase for a refund.

 Ownership

This Product is the property of ISA and is protected by copyright laws and international copyright treaties. This Product is licensed, not sold, to you notwithstanding any reference herein to "purchases".
ISA retains all copyright and other intellectual property rights in this Product.
You have no ownership, or other interest, in this Product.
ISA owns all copies of the product, however made.
You agree to never contest the ownership of the Product.

The EIS Information is the property of EIS and The InfoDirect Information is the property of InfoDirect both are protected by copyright laws and international copyright treaties.This Information is licensed, not sold, to you. The companies retain all copyright and other intellectual property rights for their respective Information. You have no ownership, or other interest, in the Information. The companies own all copies of their respective Information, however made.You agree to never contest the ownership of the Information.

The information marked (Yahoo) is the property of Yahoo and is protected by copyright laws and international copyright treaties. You have no ownership, or other interest, in the Yahoo Information. EIS/ISA has no ownership, or other interest, in the Yahoo Information.

 Usage

ISA grants to you, the licensee, a personal, nontransferable, nonexclusive and limited license to use the Product to access,receive and manage Information.

EIS grants to you, the licensee, a personal, nontransferable, nonexclusive and limited license to use the EIS and InfoDirect Information for non-commercial and personal use only. No part of the information may be reproduced, published, modified or disseminated in any form or by any means without the prior written consent of the owner, other than for the purpose of private study, criticism or review.

Where the original purchaser is a Company/Firm, the licensee shall not allow any person who is not a bona fida member of the company/firm to use the information.

    You can not -
  1. modify, adapt, alter, translate or create derivative clones of the Product or Information.
  2. lease, rent or loan the Product or Information to anyone.
  3. reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Product.
  4. remove, alter or obscure any confidentiality or proprietary notices (including copyright and trademark) from the Product or Information.
  5. allow anyone use of the Product or Information in shared access agangements such as time-sharing arangements or as part as service bureau.
  6. disclose or publish benchmark results for the product.
  7. redisseminate, redistribute or make available any of the Information via Computer or any other electronic device or means.

You may make one backup copy of the Product solely to replace the original copy provided to you if the original copy is damaged or destroyed.

You may make a backup copy of your EIS Information solely to replace your Information in the event that your Information is damaged or destroyed.

 Multiple Users

You may purchase from ISA/EIS or its authorised reseller additional licenses to permit other users to use the Product and Information. These rights are only effective when granted in writing by ISA/EIS or an authorised reseller and are conditional upon payment of additional fees. Each additional user is granted a personal, nonexclusive, nontransferable and limited license. Only desiginated users may use the Product and Information. You agree that you will not designate more users that ISA/EIS or its authorised reseller has granted to you and you will not allow the Product or Information to be used by any other individual.

 Upgrade

If this product is an upgrade to existing software then it constitutes a single product with the ISA product that you upgraded.

 Beta

Subject to the terms and conditions of this License any Beta version of the Product and Information may be used for the sole purpose of Beta testing. Your beta license expires on the published beta test period finalisation date.
You may not use the product for any other purpose. At the end of the beta evaluation, further use of the Product is prohibited without the purchase of a License. If you do not purchase a License you agree to permanently remove or delete the Product and Information at the end of the Beta period from all computer systems on which it was installed and destroy any software and documentation received, and not reinstall a new copy of the Product or Information.

 Trial

Subject to the terms and conditions of this License the Trial version of the Product and Information may be used for the sole purpose of evaluating or demonstrating the Product and Information. Your license is for 32 days from the date that you install the Product irrespective whether you use that product or not.
You may not use the Product or Information for commercial, business, governmental or institutional purpose of any kind. At the end of the Trial, further use of the Product is prohibited without the purchase of a License. If you do not purchase a License you agree to permanently remove or delete the Product and Information at the end of the Trial period from all computer systems on which it was installed and destroy any software and documentation received, and not reinstall a new copy of the Product or Information.

THE PRODUCT CONTAINS A TIME-OUT FEATURE THAT DISABLES ITS OPERATION AFTER THE TRIAL PERIOD. YOU SHOULD TAKE PRECAUTIONS TO AVOID ANY LOSS THAT MIGHT RESULT.

 3rd Parties

Certain components of the Product and Information use, access or incorporate third-party software programs and/or libraries and/or information which are incorporated on the Product and Information media. You agree the ISA's and EIS's third-party licensors and suppliers are intended beneficiaries of all terms and conditions of this License intended to protect all intellectual property rights and limit certain uses thereof.

Any information derived or based upon the Euronext information is the Intellectual Property of Euronext.

Any information derived or based upon the InfoDirect information is the Intellectual Property of InfoDirect.

Any information derived or based upon the Yahoo information is the Intellectual Property of "Yahoo".

 Warranty

ISA warrants that the product will perform substantially in accordance with the accompanying written materials for a period of 90 days from the date of your receipt of the software. Any implied warranties on the software are limited to 90 days.

 Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ISA AND ITS SUPPLIERS DISCLAIM 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 PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.

No warranties or representations are made regarding the quality, accuracy, merchantibility or fitness for purpose of any information received, accessed and/or created by this product.

EIS AND ISA MAKE NO GUARANTEES FOR ANY OF THE INFORMATION IT SUPPLIES AND/OR ACCESSES AND ACCEPTS NO LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM ANY INACCURACIES OR OMISSIONS.

THE STOCK EXCHANGE OF HONG KONG LIMITED ENDEAVOURS TO ENSURE THE ACCURACY AND RELIABILITY OF THE INFORMATION PROVIDED BUT DOES NOT GUARANTEE ITS ACCURACY OR RELIABILITY AND ACCEPTS NO LIABILITY (WHETHER IN TORT OR CONTRACT OR OTHERWISE) FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM ANY INACCURACIES OR OMISSIONS.

EURONEXT DOES NOT GUARANTEE THE RELIABILITY OR ACCURACY OF THE INFORMATION IT PROVIDES AND SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER CAUSED BY THE USE OF ITS INFORMATION.

 Liability

ISA'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT ISA'S CHOICE, EITHER (A) RETURN OF THE PRICE PAID OR (B) REPLACEMENT OF THE PRODUCT THAT DOES NOT MEET ISA'S LIMITED WARRANTY AND WHICH IS RETURNED TO ISA WITH A COPY OF YOUR RECEIPT. Any replacement Product will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.

No libality is accepted for the Information received and/or created nor for any delays, inaccuracies, interuptions, errors or omissions however occuring in collecting, recording, processing, storing or disseminating the information.

 Void

The limited warranty is void if failure of the product has resulted from modification, accident, abuse or misapplication.

 Damages

LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EIS and ISA OR ITS SUPPLIERS E 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 PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ISA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This agreement is governed by the laws of the state of Queensland in the country of Australia.

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