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Derivatives Expert for Mathematica copyright terms and textCopyright © 1994-2009 by Innova Financial Solutions ApS, Denmark All rights reserved. No part of this document may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the copyright holder. Innova Financial Solutions ApS is the holder of the copyright to the Derivatives Expert software and documentation, including without limitation such aspects of the software as its code, structure, sequence, organization, "look and feel", and compilation of command names. Use of the Derivatives Expert software or documentation unless pursuant to the terms of a license granted by Innova Financial Solutions ApS or as otherwise authorized by law is an infringement of the copyright. THE AUTHOR AND INNOVA FINANCIAL SOLUTIONS APS MAKE NO REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THIS DOCUMENTATION OR THE SOFTWARE IT DESCRIBES, INCLUDING WITHOUT LIMITATIONS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. USERS SHOULD BE AWARE THAT INCLUDED IN THE TERMS AND CONDITIONS UNDER WHICH INNOVA FINANCIAL SOLUTIONS APS IS WILLING TO LICENSE DERIVATIVES EXPERT IS A PROVISION THAT THE AUTHOR, INNOVA FINANCIAL SOLUTIONS APS, AND THEIR DISTRIBUTION LICENSEES, DISTRIBUTORS AND DEALERS SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THAT LIABILITY FOR DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF THE PURCHASE PRICE PAID FOR DERIVATIVES EXPERT. IN ADDITION TO THE FOREGOING, USERS SHOULD RECOGNIZE THAT ALL COMPLEX SOFTWARE SYSTEMS AND THEIR DOCUMENTATION CONTAIN ERRORS AND OMISSIONS. THE AUTHOR AND INNOVA FINANCIAL SOLUTIONS APS SHALL NOT BE RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR PROVIDING INFORMATION ON OR CORRECTIONS TO ERRORS AND OMISSIONS DISCOVERED AT ANY TIME IN THIS DOCUMENT OR THE SOFTWARE IT DESCRIBES, WHETHER OR NOT THEY ARE AWARE OF THE ERRORS OR OMISSIONS. THE AUTHOR AND INNOVA FINANCIAL SOLUTIONS APS DO NOT RECOMMEND THE USE OF THE SOFTWARE DESCRIBED IN THIS DOCUMENT FOR APPLICATIONS IN WHICH ERRORS OR OMISSIONS COULD THREATEN LIFE, INJURY OR SIGNIFICANT LOSS. Innova Financial Solutions, the Innova Financial Solutions logo, Finance Partner, the Finance Partner logo , Derivatives Expert and RM Online are trademarks of Innova Financial Solutions ApS. Mathematica is a registered trademark of Wolfram Research, Inc. IBM, AIX, DB2 and WebSphere are trademarks of IBM Corporation. Java and all Java-based trademarks are trademarks of Sun Microsystems, Inc. in the United States, other countries, or both. Microsoft, Windows and the Windows logo are trademarks of Microsoft Corporation in the United States, other countries, or both. Linux is a registered trademark of Linus Torvalds. UNIX is a registered trademark of The Open Group in the United States and other countries. Red Hat and all Red Hat-based trademarks and logos are trademarks or registered trademarks of Red Hat, Inc. in the United States and other countries. MySQL is a trademark of MySQL AB in the United States and other countries. Oracle is a registered trademark of Oracle Corporation. Other company, product and service names may be trademarks or service marks of others. Please refer to the International Program License Agreement for further legal issues regarding Derivatives Expert. International Program License AgreementATTENTION This is a license, not a sale. This Program is provided under the following License Agreement which defines what You may do with the Program, and contains limitations on warranties and or remedies. If You think that You may need a different license agreement, or if You do not understand the License Agreement, please contact Innova Financial Solutions ApS (Legal Department (legal@ifs.dk)) before opening and using the Program . Part 1 - General Terms ACCEPTANCE PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM. INNOVA FINANCIAL SOLUTIONS APS WILL LICENSE THE PROGRAM TO YOU ONLY IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. BY USING THE PROGRAM YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNUSED PROGRAM TO THE PARTY (EITHER INNOVA FINANCIAL SOLUTIONS APS OR ITS RESELLER) FROM WHOM YOU ACQUIRED IT TO RECEIVE A REFUND OF THE AMOUNT YOU PAID. DEFINITIONS Program: The term "Program" means the original program and all whole or partial copies of it. A Program consists of machine-readable instructions, its components, data, audio-visual content (such as images, text, recordings, or pictures), associated documentation, and related licensed materials. IFS/We/we/Us/us/Our/our: Innova Financial Solutions ApS, Denmark. You/you/Your/your/Yours/yours/Licensee: The purchaser and users of this license. Agreement/License Agreement/International Program License Agreement: This Agreement that includes Part 1 - General Terms, Part 2 - "License Information" and is the complete agreement regarding the use of this Program, and replaces any prior oral or written communications between you and IFS. The terms of Part 2 and License Information may replace or modify those of Part 1. OWNERSHIP The Program is owned by IFS, and is copyrighted and licensed, not sold. This Agreement does not grant you any right, title, or interest in any intellectual property rights embodied in or associated with Program. IFS is the holder of the copyright to the Program, including without limitation such aspects of the Program as its code, structure, sequence, organization, "look and feel", and compilation of command names. Use of the Program unless pursuant to the terms of a license granted by IFS or as otherwise authorized by law is an infringement of the copyright. The provisions of this section (OWNERSHIP) shall survive termination of this Agreement for as long as the applicable copyrights and trade secrets remain in effect as our intellectual property, or are the property of our successors or assigns. 1. LICENSE PERMITTED USE OF THE PROGRAM Provided that you accept this License Agreement, IFS grants you a nonexclusive license to use the Program. You may 1) use the Program to the extent of authorizations you have acquired and 2) make and install copies to support the level of use authorized, providing you reproduce the copyright notice and any other legends of ownership on each copy, or partial copy, of the Program. If you acquire this Program as a program upgrade, your authorization to use the Program from which you upgraded is terminated. You will ensure that anyone who uses the Program does so only in compliance with the terms of this Agreement. If you: (1) notify IFS in writing of your decision to transfer this license and certify that you have destroyed or given to the transferee all copies of the Program that you have ever had; (2) The transferee accepts in writing all the terms and conditions of this license, then you may transfer all your license rights and obligations under a Proof of Entitlement for the Program to another party by transferring the Proof of Entitlement and a copy of this Agreement and all documentation. The transfer of your license rights and obligations terminates your authorization to use the Program under the Proof of Entitlement. PROHIBITED USE OF THE PROGRAM You may not 1) use, copy, modify, or distribute the Program except as provided in this Agreement; 2) reverse assemble, reverse engineer, decompile, reverse compile, or otherwise translate the Program except as specifically permitted by law without the possibility of contractual waiver; or 3) sublicense, lend, rent, or lease the Program. 2. PROOF OF ENTITLEMENT The Proof of Entitlement for this Program is evidence of your authorization to use this Program and of your eligibility for warranty services, future upgrade program prices (if announced), and potential special or promotional opportunities. 3. CHARGES AND TAXES IFS defines use for the Program for charging purposes and specifies it in the Proof of Entitlement. Charges are based on extent of use authorized. If you wish to increase the extent of use, notify IFS or its reseller and pay any applicable charges. IFS does not give refunds or credits for charges already due or paid. If any authority imposes a duty, tax, levy or fee, excluding those based on IFS's net income, upon the Program supplied by IFS under this Agreement, then you agree to pay that amount as IFS specifies or supply exemption documentation. 4. LIMITED WARRANTY IFS warrants that when the Program is used in the specified operating environment it will conform to its specifications. IFS DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF THE PROGRAM OR THAT WE WILL CORRECT ALL PROGRAM DEFECTS; THE PROGRAM IS SOLD AS IS. YOU ARE RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM. IN ADDITION TO THE FOREGOING, YOU SHOULD RECOGNIZE THAT ALL COMPLEX SOFTWARE SYSTEMS AND THEIR DOCUMENTATION CONTAIN ERRORS AND OMISSIONS. IFS, ITS DISTRIBUTORS AND RESELLERS SHALL NOT BE RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR PROVIDING INFORMATION ON OR CORRECTIONS TO ERRORS AND OMISSIONS DISCOVERED AT ANY TIME IN THE PROGRAM, WHETHER OR NOT THEY ARE AWARE OF THE ERRORS OR OMISSIONS. IFS DOES NOT RECOMMEND THE USE OF THE PROGRAM FOR APPLICATIONS IN WHICH ERRORS OR OMISSIONS COULD THREATEN LIFE, INJURY OR SIGNIFICANT LOSS. The warranty period for the Program expires when its Program services are no longer available. The License Information specifies the duration of Program services. During the warranty period warranty service is provided without charge for the unmodified portion of the Program through defect-related Program services. Program services are available for at least one year following the Program's general availability. Therefore, the duration of warranty service depends on when you obtain your license. If the Program does not function as warranted during the first year after you obtain your license and IFS is unable to resolve the problem by providing a correction, restriction, or bypass, you may return the Program to the party (either IFS or its reseller) from whom you acquired it and receive a refund in the amount you paid for it. To be eligible, you must have acquired the Program while Program services (regardless of the remaining duration) were available for it. THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH IS EXPRESSLY DISCLAIMED. These warranties give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusion or limitation may not apply to you. In that event such warranties are limited in duration to the warranty period. No warranties apply after that period. 5. LIMITATION OF LIABILITY Circumstances may arise where, because of a default on IFS's part or other liability, you are entitled to recover damages from IFS. In each such instance, regardless of the basis on which you may be entitled to claim damages from IFS, (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IFS is liable for no more than our official list price of the Program that is the subject of the claim. IFS WILL NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS, LOST BENEFITS, OR BUSINESS INTERRUPTION), WHETHER IN CONTRACT OR IN TORT, EVEN IF IFS, OR ITS RESELLER, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IFS will not be liable for 1) loss of, or damage to, your records or data or 2) any damages claimed by you based on any third party claim. This limitation of liability also applies to any developer of a Program supplied to IFS. It is the maximum for which IFS and its suppliers are collectively responsible. 6. GENERAL Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract. IFS may terminate your license if you fail to comply with the terms of this Agreement. If IFS does so, your authorization to use the Program is also terminated. You agree to comply with applicable export laws and regulations. Neither you nor IFS will bring a legal action under this Agreement more than 2 years after the cause of action arose unless otherwise provided by local law without the possibility of contractual waiver or limitation. Neither you nor IFS is responsible for failure to fulfill any obligations due to causes beyond its control. PART 2 - LICENSE INFORMATION A. PROGRAM NAME AND NUMBER Derivatives Expert, for Mathematica B. SPECIFIED OPERATING ENVIRONMENT The Program Specifications and Specified Operating Environment information may be found in the Installation/Users Guide provided with this program. C. ADDITIONAL TERMS AND CONDITIONS License Class Depends on the license you purchased. License Price Depends on your license. License Term Refer to 4. Limited Warranty above. Proof of Entitlement The Proof of Entitlement for this program should be retained in order to support eligibility provided by IFS or its authorized reseller for warranty services, future upgrade program prices (if announced), potential special or promotional opportunities (if any), and as evidence of the end user's authorized use of this IFS licensed program. Program-unique Terms "Any other documentation with respect to the Program, including any such documentation referenced herein, is provided for information purposes only and does not extend or modify the material contained in the License Information. This Agreement governs the use and support of the Program with the exception of components of the Program which contain or are accompanied by their own license agreements. The terms and conditions governing such components are provided when installing or starting such specific components, accompany such components in a computer file entitled README.TXT or LICENSE.TXT (or a substantially similar title), or are included among the Program's paper documentation, if any." Warranty through Program Services Refer to 4. Limited Warranty above. Guarantee This Program has a 30 day, money-back guarantee. If for any reason you are unsatisfied with the Program, you may return it to the party (either IFS or its resellers) from whom you acquired it to receive a refund of the amount you paid with the deduction of shipping and handling costs. U.S. Government Users Restricted Rights If this Software is acquired by or on behalf of the U.S. Federal government, this provision applies. Use, duplication or disclosure of this Software is subject to restrictions set forth in FAR 52.227-19 and DFAR 227.7200--227.7202-4, as applicable. The Software is "commercial computer software" and is licensed with only "Restricted Rights." |
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Updated 2 August 2009 |