Software Guide 2003

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Requirements
Creating a Universe
Creating a Template
Screening Function
Analysis Function
Copying and Pasting
Filtering Data
Data Settings
Database Coverage
Reporting Standards
Troubleshooting
List of Appendices

Appendix VIII - Finasia License Agreement

BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING ALL LIMITATIONS ON USE AS CONTAINED HEREIN.  YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE AS A WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU.  IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.

 1.  YOU ARE LICENSED TO USE THE FINASIA SOFTWARE AND CONTENT SUBJECT TO THE FOLLOWING CONDITIONS:

a) ONLY as long as you are a CURRENT SUBSCRIBER; and

b) ONLY for internal use, except as provided in part 3 below; and

c) ONLY within the specific department and/or division to which this license was originally granted.

 2.  YOU ARE SPECIFICALLY PROHIBITED FROM:

a) using FINASIA unless you are a bona fide CURRENT SUBSCRIBER as defined herein;

b) reproducing, transferring, transmitting or re-distributing in any form whatsoever any portion of FINASIA software, utilities or data except as specifically allowed in part 3 below;

c) using a trial version of FINASIA beyond the expiration date of said trial; in any event, said trial will expire no later than 30 days after the first installation unless otherwise specified in writing by an authorized representative of FINASIA;

d) using, or allowing to be used, any backups except in the event of failure of the main software installation and then only by those authorized users within the department or division originally licensed by FINASIA.

e) allowing other individuals to use the Software except within the licensee's department and division

f) modifying, translating, reverse-engineering, decompiling, disassembling or creating derivative works based upon the software or documentation

 3. USE OF DATA:  You may occasionally use and include isolated and limited data points as SUPPORTING EVIDENCE in the normal course of your business for the purpose of producing research reports, analyses, and other materials for the promotion of investments on the express condition that you identify FINASIA as the source in all such reports.

 4. When your subscription to FINASIA is terminated or if you are in arrears of payment by more than 60 days, you MUST remove FINASIA, all FINASIA software, files and data from your computer and/or network. Failure to do so is a violation of this license agreement.

 5. You are allowed to perform backups of this software and any and all files subject to the condition that this be used exclusively as a backup in the case of a software failure and that at no time shall the backup be used simultaneously by any users if the main installation is operable.

 6. EXCEPTIONS:  Exceptions to the foregoing may only be granted if authorized in writing by a representative of FINASIA.  Special dispensations and authorizations should be submitted in writing to FINASIA, 20 Luard Road, Room 703, Wanchai, Hong Kong.  FINASIA may grant from time to time, once only for any installation, a 30-day trial of this software; such a trial installation MUST be removed within 30 days of the grant of license by FINASIA.

 7. LIMITATION OF LIABILITY. IN NO EVENT WILL FINASIA OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS for the use of the FINASIA software and/or data provided.

 8. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.  This Agreement may only be modified by a writing signed by an authorized officer of FINASIA.

 Failure to comply to any or all the terms as set forth above is a violation of this Licensing Agreement.

If the licensee of this software is not a current subscriber and/or you are not authorized by licensee to use this software license, DO NOT OPERATE THIS SOFTWARE INSTALLATION.

ALL CONTENTS OF THIS SOFTWARE ("FINASIA") REMAIN THE EXCLUSIVE PROPERTY OF FINASIA.  This computer program and its contents are protected by copyright law and international treaties. Unauthorized reproduction or distribution of this program, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.

"FINASIA" is defined as the software, data, and all content including but not limited to the source code, source data and derived data.

"CURRENT SUBSCRIBER" is a licensed user who has subscribed to FINASIA and is currently assuming responsibility for the payment of the subscription rights as evidenced by the dated invoices from FINASIA bearing the license number attributed to this Licensing Agreement and the regular payments thereof covering the period of use. Any subscriber account that is more than 60 days in arrears of payment voids this account and license and you must comply with part 4 above.

 

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