Terms and Conditions – Software

DISCLAIMER: PERMISSION TO USE THIS SOFTWARE AND ITS DOCUMENTATION IS GOVERNED BY A SOFTWARE LICENSING AGREEMENT (OR OTHER SIMILAR AGREEMENT) BETWEEN DOLPHIN IT_PROJECT AND CONSULTING CORPORATION (“DOLPHIN”) AND THE LICENSEE (“LICENSEE”) (AND THE LICENSEE’S AGENTS) (COLLECTIVELY, “USER”) AND REQUIRES THE PAYMENT OF A FEE. THE LICENSE GRANTED TO USER IN THE APPLICABLE AGREEMENT IS A NON-TRANSFERABLE LICENSE LIMITED BY THE TERMS AND CONDITIONS OF SUCH AGREEMENT. UNLESS THE TERMS OF THE APPLICABLE AGREEMENT EXPRESSLY PROVIDE OTHERWISE, THE TERMS AND CONDITIONS SET FORTH HEREIN GOVERN USER’S USE OF THE SOFTWARE PROGRAM AND IT’S DOCUMENTATION. PLEASE SEE THE APPLICABLE AGREEMENT BETWEEN DOLPHIN AND LICENSEE FOR ADDITIONAL TERMS AND CONDITIONS GOVERNING THE USE OF THE SOFTWARE (AS DEFINED BELOW). THIS SOFTWARE PROGRAM AND ITS DOCUMENTATION (COLLECTIVELY, "THE SOFTWARE”) ARE COPYRIGHTED BY DOLPHIN. THE SOFTWARE PROGRAM IS SUPPLIED "AS IS", WITHOUT ANY ACCOMPANYING SERVICES FROM DOLPHIN. DOLPHIN DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL MEET ANY SPECIFIC REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT SHALL DOLPHIN BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, ARISING OUT OF THE USE OF THIS SOFTWARE, REGARDLESS OF LEGAL THEORY EVEN IF DOLPHIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. DOLPHIN SPECIFICALLY DISCLAIMS ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE SOFTWARE PROVIDED HEREUNDER IS ON AN "AS IS" BASIS, AND DOLPHIN HAS NO OBLIGATIONS TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS. USE OF THIS SOFTWARE DOES NOT GRANT ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE PROGRAM OR ANY IDEAS OR EXPRESSIONS THEREOF. AS BETWEEN THE USER AND DOLPHIN, ALL SUCH OWNERSHIP RIGHTS ARE AND WILL REMAIN THE SOLE AND EXCLUSIVE PROPERTY OF DOLPHIN, WHETHER OR NOT SPECIFICALLY RECOGNIZED OR PERFECTED UNDER THE LAWS OF THE JURISDICTION IN WHICH THE SOFTWARE is USED OR LICENSED. DOLPHIN WILL OWN ALL RIGHTS IN ANY COPY, TRANSLATION, UPDATE, UPGRADE ADAPTATION, RELEASE, VERSION, IMPROVEMENT, DEVELOPMENT, MODIFICATION OR DERIVATIVE WORK OF ANY OR ALL OF THE SOFTWARE, REGARDLESS OF WHETHER THE USER, ITS AFFILIATES, EMPLOYEES OR AGENTS PARTICIPATED OR CONTRIBUTED TO, OR PAID FOR, ANY OF THE FOREGOING. ANY AND ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY DOLPHIN. USER AGREES THAT ANY INFORMATION AND/OR REPORTS GENERATED BY DOLPHIN (EXCEPT DATA OWNED BY THE LICENSEE) AND/OR THE SOFTWARE ARE CONFIDENTIAL AND PROPRIETARY INFORMATION BELONGING TO DOLPHIN AND THE USE OF SUCH INFORMATION IS GOVERNED BY THE SOFTWARE LICENSE AGREEMENT BETWEEN DOLPHIN AND LICENSEE, AND AS SUCH, SUCH INFORMATION MAY NOT BE USED OR DISCLOSED TO ANY THIRD PARTY WITHOUT DOLPHIN’S PRIOR WRITTEN CONSENT AND SUCH THIRD PARTY’S EXECUTION OF A CONFIDENTIALITY AGREEMENT SATISFACTORY TO DOLPHIN. USER AGREES THAT DOLPHIN HAS THE RIGHT TO PERIODICALLY INSPECT USERS RECORDS, SYSTEMS, AND FACILITIES TO VERIFY THAT USER’S USE OF THE SOFTWARE IS IN CONFORMITY WITH THE USERS LICENSE FROM DOLPHIN. IF A VERIFICATION DISCLOSES THAT USER’S USE IS NOT IN CONFORMITY WITH A VALID LICENSE, USER AGREES TO IMMEDIATELY OBTAIN VALID LICENSES TO BRING ITS USE INTO CONFORMITY.

Terms and Conditions – Software

DISCLAIMER:

PERMISSION TO USE THIS SOFTWARE AND ITS DOCUMENTATION IS GOVERNED BY A SOFTWARE LICENSING AGREEMENT (OR OTHER SIMILAR AGREEMENT) BETWEEN DOLPHIN IT_PROJECT AND CONSULTING CORPORATION (“DOLPHIN”) AND THE LICENSEE (“LICENSEE”) (AND THE LICENSEE’S AGENTS) (COLLECTIVELY, “USER”) AND REQUIRES THE PAYMENT OF A FEE. THE LICENSE GRANTED TO USER IN THE APPLICABLE AGREEMENT IS A NON-TRANSFERABLE LICENSE LIMITED BY THE TERMS AND CONDITIONS OF SUCH AGREEMENT. UNLESS THE TERMS OF THE APPLICABLE AGREEMENT EXPRESSLY PROVIDE OTHERWISE, THE TERMS AND CONDITIONS SET FORTH HEREIN GOVERN USER’S USE OF THE SOFTWARE PROGRAM AND IT’S DOCUMENTATION. PLEASE SEE THE APPLICABLE AGREEMENT BETWEEN DOLPHIN AND LICENSEE FOR ADDITIONAL TERMS AND CONDITIONS GOVERNING THE USE OF THE SOFTWARE (AS DEFINED BELOW).

THIS SOFTWARE PROGRAM AND ITS DOCUMENTATION (COLLECTIVELY, “THE SOFTWARE”) ARE COPYRIGHTED BY DOLPHIN. THE SOFTWARE PROGRAM IS SUPPLIED “AS IS”, WITHOUT ANY ACCOMPANYING SERVICES FROM DOLPHIN. DOLPHIN DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL MEET ANY SPECIFIC REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT SHALL DOLPHIN BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, ARISING OUT OF THE USE OF THIS SOFTWARE, REGARDLESS OF LEGAL THEORY EVEN IF DOLPHIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. DOLPHIN SPECIFICALLY DISCLAIMS ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE SOFTWARE PROVIDED HEREUNDER IS ON AN “AS IS” BASIS, AND DOLPHIN HAS NO OBLIGATIONS TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.

USE OF THIS SOFTWARE DOES NOT GRANT ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE PROGRAM OR ANY IDEAS OR EXPRESSIONS THEREOF. AS BETWEEN THE USER AND DOLPHIN, ALL SUCH OWNERSHIP RIGHTS ARE AND WILL REMAIN THE SOLE AND EXCLUSIVE PROPERTY OF DOLPHIN, WHETHER OR NOT SPECIFICALLY RECOGNIZED OR PERFECTED UNDER THE LAWS OF THE JURISDICTION IN WHICH THE SOFTWARE is USED OR LICENSED. DOLPHIN WILL OWN ALL RIGHTS IN ANY COPY, TRANSLATION, UPDATE, UPGRADE ADAPTATION, RELEASE, VERSION, IMPROVEMENT, DEVELOPMENT, MODIFICATION OR DERIVATIVE WORK OF ANY OR ALL OF THE SOFTWARE, REGARDLESS OF WHETHER THE USER, ITS AFFILIATES, EMPLOYEES OR AGENTS PARTICIPATED OR CONTRIBUTED TO, OR PAID FOR, ANY OF THE FOREGOING. ANY AND ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY DOLPHIN.

USER AGREES THAT ANY INFORMATION AND/OR REPORTS GENERATED BY DOLPHIN (EXCEPT DATA OWNED BY THE LICENSEE) AND/OR THE SOFTWARE ARE CONFIDENTIAL AND PROPRIETARY INFORMATION BELONGING TO DOLPHIN AND THE USE OF SUCH INFORMATION IS GOVERNED BY THE SOFTWARE LICENSE AGREEMENT BETWEEN DOLPHIN AND LICENSEE, AND AS SUCH, SUCH INFORMATION MAY NOT BE USED OR DISCLOSED TO ANY THIRD PARTY WITHOUT DOLPHIN’S PRIOR WRITTEN CONSENT AND SUCH THIRD PARTY’S EXECUTION OF A CONFIDENTIALITY AGREEMENT SATISFACTORY TO DOLPHIN.

USER AGREES THAT DOLPHIN HAS THE RIGHT TO PERIODICALLY INSPECT USERS RECORDS, SYSTEMS, AND FACILITIES TO VERIFY THAT USER’S USE OF THE SOFTWARE IS IN CONFORMITY WITH THE USERS LICENSE FROM DOLPHIN. IF A VERIFICATION DISCLOSES THAT USER’S USE IS NOT IN CONFORMITY WITH A VALID LICENSE, USER AGREES TO IMMEDIATELY OBTAIN VALID LICENSES TO BRING ITS USE INTO CONFORMITY.