Tarius End User Agreement - Terms and Conditions

1. GENERAL RULES

1. If you choose to evaluate any of Tarius online products (the "Service"), you will be agreeing to abide by all of the terms and conditions of this Agreement which exists between you and Tarius A/S ("Tarius").
2. Tarius may change, add or remove portions of this Agreement at any time. If it does so however, you will be notified of such changes via the Service, e-mail, or the postal mail.
3. IF ANY OF THESE CURRENT OR FUTURE TERMS AND CONDITIONS ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR EVALUATION BY USING THE CANCELLATION FACILITY IN THE SERVICE (SEE SECTION 7 REGARDING TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE SERVICE, EITHER NOW OR AFTER RECEIVING NOTIFICATION OF CHANGES, INDICATES ACCEPTANCE BY YOU OF THESE TERMS AND CONDITIONS, AND ANY CHANGES OR MODIFICATIONS TO THESE TERMS AND CONDITIONS.
4. Tarius may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. Tarius may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

2. TARIUS CONTENTS AND SUBSCRIBER REPRESENTATIONS

1. The contents of the Service are intended for your personal use. All materials published on the Service are protected by copyright, and are owned or controlled by Tarius, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content which is accessed through the Service.
2. The Service and its Contents are covered by copyright protection pursuant to U.S and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of this Agreement), create new works from, distribute, perform, display, or in any way exploit, the Service (including software), or any of the Content in whole or in part.
3. You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein. The act of copying or storing any Content for any purpose other than personal use is expressly prohibited.

3. WARRANTIES

1. Tarius does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.

4. SOFTWARE LICENSES

1. You shall have no rights to the proprietary software and related documentation or to any enhancements or modifications thereto, provided to you in order to access the Service. You may not sublicense, assign or transfer any licenses granted by Tarius, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not distribute, modify, reverse engineer, or create derivative works from Access Software.

5. PRIVACY

1. The personal information which Tarius receives from the Subscriber will be used solely to ensure that the Subscriber receives the Service or that the Subscriber receives relevant information about the services from Tarius. Tarius may disclose personal information if it is required to do so by law or if it believes in good faith that such action is necessary in order to (1) comply with the law or with legal process; (2) protect and defend Tarius' rights and property; (3) protect against misuse or unauthorized use of the Service; (4) protect the personal safety or property of Tarius' users or the public.

6. REGISTRATION AND SECURITY

1. As part of the registration process, you will be required to give us certain registration information, all of which must be accurate and updated. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account.
2. You are responsible for all usage or activity on your personal Tarius account. At Tarius' sole discretion, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account.

7. TERMINATION

1. You may terminate your account at any time by using the cancellation facility in the Service. Upon termination, you will receive e-mail confirmation that the request was received, and your access will be suspended within 48 hours.

8. APPLICABLE LAW AND DISPUTE RESOLUTION

1. This Agreement shall be governed by the laws of the Kingdom of Denmark. The provisions of the United Nations Convention on the International Sale of Goods shall not apply.
2. Any disputes or claims arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof shall be finally settled by arbitration in accordance with "The Rules of Procedure of the Danish Institute of Arbitration".
3. The arbitral tribunal shall be composed of three arbitrators. Each Party shall appoint one arbitrator, while the chairman shall be appointed by the Institute. If a party has not appointed an arbitrator within thirty (30) days of having requested or received notice of the arbitration, such arbitrator shall be appointed by the Institute.
4. The place of arbitration shall be Copenhagen, Denmark and the language of the arbitration shall be English.