Software License and Services Agreement and Limited Warranty

PLEASE CAREFULLY REVIEW THE TERMS AND CONDITIONS IN THIS LEGAL AGREEMENT BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING OR USING THE SOFTWARE, YOU ARE ACCEPTING THE TERMS AND CONDITIONS IN THIS AGREEMENT BETWEEN YOU AND PGI LLC. IF YOU DO NOT ACCEPT THIS AGREEMENT RETURN THE SOFTWARE AND ACCOMPANYING ITEMS WITHIN 60 DAYS OF YOUR PURCHASE WITH A DATED RECEIPT FOR A FULL REFUND. IF YOU OBTAINED THE SOFTWARE DIRECTLY FROM PGI LLC, RETURN IT WITH THE ORIGINAL PACKING SLIP WITHIN 60 DAYS OF SHIPMENT OF THE SOFTWARE TO PGI RETURNS, PO BOX 411631, CRAIGHALL, 2024 FOR A FULL REFUND.

IT IS A VIOLATION OF THIS AGREEEMENT TO GIVE A COPY OF THE SOFTWARE OR THE ORIGINAL DISK THAT YOU RECEIVED TO ANOTHER PERSON. IF YOU DID NOT PURCHASE A LICENSE FOR THIS SOFTWARE FROM PGI LLC OR A PGI LLC AUTHORIZED REPRESENTATIVE (FOR EXAMPLE YOU GOT A COPY FROM A FRIEND OR DOWNLOADED IT FROM A NON-PGI INTERNET SOURCE) YOU ARE NOT AUTHORIZED TO USE THIS SOFTWARE.

Please read the Manual file before using the Software. It contains important additional terms governing the use of and information about the Software and its related services. Use of the Software and related services is subject to the terms contained in the then current Manual file, which PGI LLC may update from time to time.

Definitions

For purposes of this Agreement "Software" is defined as the PGI LLC computer program with which this Software License and Services Agreement is included and any updates or maintenance releases thereto. The terms "you", "your" or "user" are synonymous, and refer to someone who purchases a license for the Software from PGI LLC or a PGI LLC authorized reseller (a "purchase"). A "registered user" is a user who registers his/her purchase with PGI LLC. A user who obtains the Software directly from PGI LLC is considered to be a registered user.

License

You are granted a personal, limited, non-exclusive, non-transferable license to use the Software on a single computer. You may make one backup copy of the Software for your own personal use.

Restrictions

You agree that you will not: (1) make any copy of the Software except the backup copy described in the License section above; (2) give, rent, loan, resell or distribute a copy of the Software to any other person; (3) duplicate the Software by any other means, including electronic transmission; (4) make the Software available on any file-sharing service; (5) electronically send the Software to any other person; or (6) copy the printed materials or user documentation accompanying the Software. If you received the Software through any of methods specified in this section, you are not authorized to use the Software.

Copyright and other laws protect the Software in its entirety. Other than the limited license granted to you in the License section of this Agreement, PGI LLC reserves all patent, copyright, trade secret, trade name, trademark, and other proprietary rights related to the Software. You may not decompile, disassemble, or otherwise reverse engineer the Software.

Privacy of Customer Information

The details of PGI LLC's online privacy practices are available at www.southafricaprivatization.com.

Limited Warranty

If the disk on which the Software is stored is defective, then return the disk to PGI LLC Returns, PO Box 411631, Craighall, 2024, Republic of South Africa within 60 days of shipment (or in the case of a retail purchase, within 60 days of purchase) with a dated receipt, and a replacement disk will be mailed to you.

Accuracy of Calculations

PGI LLC diligently works to ensure the accuracy of the formulae supporting the calculations in the spreadsheets, but makes no claim as to the accuracy of such calculations. Refer to the Microsoft Excel User License Agreement for any further warrant of accuracy.

You must register the Software in order for PGI LLC to notify you of updates or corrections to the Software.

DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SOFTWARE AND SERVICES ARE PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PGI LLC, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, "REPRESENTATIVES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE OR SERVICES, DISK AND RELATED MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, OR NON-INFRINGEMENT.

PGI LLC does not warrant that the Software or Services are secure, free from bugs, viruses, interruption, errors, or other program limitations.

All warranties or guarantees given or made by PGI LLC with respect to the Software or Services (1) are for the benefit of the original registered user of the Software only and are not transferable, and (2) shall be null and void if a registered user breaches any terms or conditions of this Agreement.

LIMITATION OF LIABILITY AND DAMAGES

YOU AGREE NOT TO HOLD PGI LLC LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR PARTICIPATION IN THIRD PARTY SERVICES. ADDITIONALLY, EXCEPT FOR THE ABOVE REIMBURSEMENT FOR CALCULATION ERRORS, YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF PGI LLC AND ITS REPRESENTATIVES FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR SERVICES, AS APPLICABLE, TO PGI LLC OR ITS AUTHORIZED RESELLER.

Miscellaneous

This Agreement sets forth PGI LLC's and its representatives' entire liability and your exclusive remedy with respect to the Software and Services, and is a complete statement of the agreement between you and PGI LLC. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. Your license under this Agreement shall terminate immediately if you breach any of the terms or conditions of the Agreement, and PGI LLC is entitled to enforce its rights hereunder by an action for damages or by specific performance, injunctive or other equitable relief. Upon such termination, you must immediately uninstall the Software from your computer, return the Software to PGI LLC and destroy all backup copies.

This Agreement does not limit any rights that PGI LLC may have under trade secret, copyright, patent or other laws. The agents, employees, distributors, and dealers of PGI LLC are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on PGI LLC. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

                   

© 2005 PGi LLC. All rights reserved.