Radial Viewer Special Edition for QuickBooks® Users
Support Terms

• SUPPORT POLICY
• SUPPORT PRICING
• LICENSE AGREEMENT

Support Policy

Thank you for buying GaussSoft’s Radial Viewer, Special Edition for QuickBooks® Users. At GaussSoft, the support team works to provide services and tools to assist you to be ready to experience the easiest and most powerful business intelligence software ever.
Our support department is willing to help you with questions, problems or comments related with the installation and operation of Radial Viewer, Special Edition for QuickBooks® Users.
We are also committed with your privacy and security, as defined in our Privacy Policy.

Support
Support services are oriented to help you to solve a specific problem that you could have with Radial Viewer and/or the SQL Anywhere® connection (the database licensed with Radial Viewer, Special Edition for QuickBooks®), including trouble shooting and provision of updates. The support services are not oriented to provide training, customization or other services; the training process is attended as defined in “Training Tools”; other services are attended as defined in Special Support Adds.
To ask for support, send an email to support@gaussSoft.com or access the live support chat trough www.GaussSoft.com; you must provide your customer information provided in your license registration process. Included with your license purchase, you will have 30 days support services from the registration date. You could extend your support services buying annual extensions or incident-based support packages.

Training ToolsRadial Viewer is really intuitive and easy to use, strictly designed for non-technical users, providing them access to pre defined or user-published analytical reports, and to create their own without help from technical support personnel or consultants. With the 10 minutes presentation video (flash) you will be aware of the possibilities with Radial Viewer, and the power you are about to receive.
For a more complete instruction, covering almost all your questions, review the 30 minutes training video provided in the installer or in the Customer Zone, with no extra charge. You can also access the “How to … Radial Viewer’s guide” that will let you clarify with more detail, specific questions about Radial Viewer.

UpgradesThe latest releases of our software are easy to install and configure. For the first 30 days after your purchase, you will be able to download for free the upgrades available, including fixes and product enhancements that may result during this time.

Additional Services

Extend basic support package
Support, training tools and upgrades services included with your purchase for 30 days, can be extended for 1-year period, paying a fee as indicated in “Support Prices”.

Special Support Adds
If you have special needs and want a specialized service not included as mentioned above, you could buy an incident-based support package. This service will be provided using email, live chat support service, IP voice communication and/or GoToMeeting (for Internet desktop sharing). Considering requests traffic, your answer may be not answered immediately. Please, leave a message indicating your customer information and briefly describing your request, and we will contact you in the next 2 labor days.

Support TermsTo receive the support services, you must define a primary support contact person, and provide the contact information as given in the registration process.GaussSoft reserves the right to contact the designated contact person when significant operational issues exist and require action or further information from the customer. The primary support contact person will be considered as the one authorized to request for support.

To contact support, send an email to support@gaussSoft.com or access the live support chat trough www.GaussSoft.com; you must provide your customer information provided in your license registration process.

For getting help from technical support is necessary that you:

• Before asking for support, review the training tools available, to make sure you are operating the system as expected, and that your answer is not included in the documentation available.
• In your request, send us an enough amount of detail about your problem or request. Whenever you get an error message, send a copy of the screen showing the error, using ALT - Print Screen to copy a screen to a clip board, and then use Paste (CTRL - V) to paste the screen into a Word document. If you can’t do this, at least be sure to write down exactly what is says. Your request must include also a description of what you where doing before the error or problem occurred. This way our support team may be able to help more efficient and precisely.

You will be notified via email when an update is available to download. GaussSoft will only maintain the last two versions of the software. To access the services, you must have a current version of the software.

You acknowledge and agree that you must provide for your own access to the World Wide Web and pay any service fees associated with such access, and provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem.

GaussSoft is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at this Web site, except as expressly defined, and is the copyright owner or licensee of the content and/or information on this Web site. You may print a copy of the information on this site for your personal use or records. If you make other use of this site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. GaussSoft does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Web site.

Third Party Links From and To Service
You acknowledge and agree that GaussSoft has no responsibility for the content, accuracy or availability of information or services provided by third party linked sites; GaussSoft is not responsible of such sites or the content, products, or materials presented on such sites.

Other Information
If you wish to make purchases through the Web page, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold GaussSoft liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or information or service provider through the Service.

You agree that all information you provide any merchant or information or service provider through the Service for purposes of making purchases will be accurate, complete and current.

You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases.

GaussSoftmay employ active license management technology. You agree to have and maintain an active internet user access service between your computer and the internet to enable GaussSoft to communicate with you at all times without restriction. You shall ensure that GaussSoft’s communications with you are not blocked by any “firewall” related software or other methods.

Support Pricing

• Included 30 days technical email support, training materials and upgrades: $0-
• 1 Year fee for technical email support, training materials and upgrades – Radial Viewer SE Single User : $40
• 1 Year fee for technical email support, training materials and upgrades – Radial Viewer SE Client: $45
• 1 Year fee for technical email support, training materials and upgrades – Radial Viewer SE Multi User Server: $45
• 1 Year fee for technical email support, training materials and upgrades – Radial Viewer SE Consolidation Server: $79
• Special Support Add – 5 incidents: $250
• Prices don’t include taxes.

PLEASE, READ CAREFULLY BEFORE INSTALLING RADIAL VIEWER

Thank you for purchasing a license to GaussSoft’s RADIAL VIEWER. This is an End-User License Agreement ("EULA") which gives you rights and responsibilities related with your purchase of RADIAL VIEWER. As this purchase also includes a license to SQL Anywhere®, this EULA also includes the terms and conditions for your license to SQL Anywhere®; when you accept this EULA, you also accept the terms and conditions for SQL Anywhere®.

This EULA is a legal agreement between You (an individual or a single entity that you are authorized to represent and on whose behalf the license is granted) and GaussSoft Inc., its subsidiaries, affiliates and licensees (collectively "GaussSoft") concerning specified software products(s) (hereinafter referred to as "SOFTWARE PRODUCT" or "SOFTWARE"). The SOFTWARE PRODUCT includes the computer software, other programs, tools, components, services, the associated media, any updates (including new releases, new versions, updates, revisions, fixes, patches or other alterations of the SOFTWARE PRODUCT), and any printed, online or electronic documentation, that GaussSoft delivers or makes available to you after the date of your purchase.

Read this EULA carefully before selecting the “I Accept the terms in the license agreement” button to continue and finish the installation process. By accessing, installing, copying or otherwise using the SOFTWARE PRODUCT, You agree to be bound by the terms of this EULA, without exception, deletion, or alteration of its terms and conditions. If You do not agree to the terms of this EULA, select “I do not accept the terms in the license agreement”, cancelling the installation process; then,GaussSoft is unwilling to license the SOFTWARE PRODUCT to You, and You should contact us for instructions on return of the SOFTWARE PRODUCT for a refund, according to GaussSoft’s Returns Policy.

This EULA, may be copyright infringement under the laws of your country. You may be liable to GaussSoft for damages, and you may be subject to criminal penalties.

Except as expressly authorized herein, You agree not (and not to permit others) to: (i) rent, sublicense, assign, loan, resell, transfer or distribute the SOFTWARE PRODUCT; (ii) modify, adapt, translate, decompile, disassemble, discovery of the source code, or otherwise reverse engineer the SOFTWARE PRODUCT; (iii) offer the SOFTWARE PRODUCT to third parties, including any parent, affiliate or subsidiary, to benefit from the use or functionality of the SOFTWARE PRODUCT, directly or via a facility management, timesharing, service bureau or other arrangement; (iv) distribute, disclose, marketing, distribute, rent, lease or transfer to any third party the SOFTWARE PRODUCT; (v) use the SOFTWARE PRODUCT to create derivative works based upon the SOFTWARE PRODUCT or any part thereof; (vi) use trade secret information contained in the SOFTWARE PRODUCT, to develop software to interface with the Software; (vii) copy the SOFTWARE PRODUCT in whole or part, except for archival or back-up purposes, as defined above; or (viii) remove, alter or unclear any rights or proprietary notices of GaussSoft or its licensors on or within the SOFTWARE PRODUCT.

All license transfers are subject to written approval by GaussSoft and may be subject to a transfer fee determined by GaussSoft in its sole discretion. If your company is, or substantially all of its assets are, acquired by or merged into another company or sole proprietorship, please contact GaussSoftInc , 2953 Bunker Hill Lane, Suite 400 Santa Clara, CA 95054 USA, regarding transferring your license to the new company.
Use of software or hardware that reduces the number of devices directly accessing or utilizing the Software does not reduce the number of licenses required.

If the number of users that can potentially connect to the SOFTWARE PRODUCT exceeds or has the potential to exceed the number of licenses You have purchased, then You must have a reasonable self-enforcing automatic mechanism in place to ensure that Your use of the SOFTWARE PRODUCT does not exceed the use limits specified for the license You have purchased.

ActivationGaussSoft employs an activation license management technology. To enable you to use the SOFTWARE PRODUCT and exercise the license granted herein, when you purchase a license of the SOFTWARE PRODUCT, GaussSoft will send to you one activation code or file for each purchased license. You agree that you must activate the SOFTWARE PRODUCT, and to keep your registration information accurate and update your registration data with GaussSoft as necessary to keep it accurate, current and complete. Your registration information is protected according to GaussSoft’s Privacy Policy.

Evaluation License (Trial Version)GaussSoft provides access to a trial version with an evaluation license of the SOFTWARE PRODUCT that permits an entity to use once the trial version for 10 days. The SOFTWARE PRODUCT trial version is not for resale and may be used for evaluation purposes only; You may not under any circumstance sell or transfer the license for the SOFTWARE PRODUCT to any other party. You may temporarily install this evaluation SOFTWARE PRODUCT on a single computer or workstation, from where You agree to completely remove the Evaluation SOFTWARE PRODUCT within 10 days of its installation, and after that time you will not continue to access and/or use the Evaluation SOFTWARE PRODUCT. Upon expiration of the evaluation period, any data or other information used with, processed by, and/or stored in, conjunction with the evaluation product may be irretrievable, unrecoverable and/or otherwise unusable.

This EULA will terminate automatically if You fail to comply with any term, condition, limitation or other requirement described herein, and such termination shall be in addition to and not in lieu of any criminal, civil or other remedies available to GaussSoft. When this EULA terminates, You must immediately cease using the SOFTWARE PRODUCT and destroy all copies of the SOFTWARE PRODUCT. You may terminate this EULA at any time by destroying all copies of the SOFTWARE PRODUCT. Termination of this agreement will not affect GaussSoft’s rights hereunder. GaussSofthave the right to change or add the terms of this EULA at any time.

UpdatesAt its sole discretion, GaussSoft may make bug fixes, updates and/or services available. GaussSoft maintenance service, if applicable and offered, is available at an additional cost to licensees.

Ownership RightsThe SOFTWARE PRODUCTS, including its documentation, are licensed not sold. The SOFTWARE PRODUCTS are protected by United States patent, trade secrets, copyright and other intellectual property laws, and international treaty provisions.

GaussSoft retains all titles to and all rights and interest in (i) the SOFTWARE PRODUCTS, including, but not limited to, images, photographs, animations, video, audio, music, text, and applets incorporated, all copies, versions, customizations, compilations and derivative works thereof (by whomever produced); (ii) the GaussSoft trademarks, service marks, trade names, icons and logos; (iii) any and all copyright rights, patent rights, trade secret rights and other intellectual property and proprietary rights throughout the world in the foregoing; and (iv) all Confidential Information.

Your possession, installation, or use of the SOFTWARE PRODUCTS under this EULA, does not transfer to You any ownership, title, or registrable interest of any kind to the intellectual property in the SOFTWARE PRODUCTS or its contents, and that You will not acquire any rights to the SOFTWARE PRODUCTS except as expressly set forth in this Agreement.
You agree that all backup, archival, or any other type of copies of the SOFTWARE PRODUCTS will contain the same proprietary notices that appear on and in the SOFTWARE PRODUCTS. You may print one copy of the documentation provided; unauthorized reproduction of the SOFTWARE PRODUCTS and/or unauthorized transfer of any copy may be a serious crime, as well as subjecting the END USER to damage and attorney fees.
All rights not expressly set forth hereunder are reserved by GaussSoft. GaussSoft reserves the right to periodically conduct audits upon advance written notice to verify compliance with the terms of this Agreement.

Submissions and FeedbackGaussSoft provides mechanisms to submit and to provide feedback, data, questions, comments, ideas, concepts, techniques, suggestions or the like, about the SOFTWARE PRODUCT. You agree that such submissions are unrestricted and shall be deemed non-confidential upon submission. You agree that GaussSoft may, in its sole discretion, use the Feedback you provide in any way, including in futures upgrades to the SOFTWARE PRODUCT, documents, multimedia works and/or advertising and promotional materials. You grant GaussSoft a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, copy, transmit, distribute, reproduce, modify, create derivative works from, commercialize, distribute, display and perform the submissions or Feedback, in any manner and for any purpose.

Satisfaction Guarantee

Warranty DisclaimerTo the maximum extent permitted by applicable law, this SOFTWARE PRODUCT is provided “as is”, without limiting the foregoing provisions, without warranties, express, implied, statutory, or in any communication with you, regarding the SOFTWARE PRODUCT. You assume sole responsibility for the installation of, use of, and results obtained from the SOFTWARE PRODUCT. GaussSoft disclaims any other warranty including merchantability or fitness for a particular purpose, lack of accuracy or completeness of responses, or results, or non-infringement. GaussSoft does not warrant that the SOFTWARE PRODUCT are secure or free from bugs, viruses, interruption, errors, or that the software or services will meet your requirements.
GaussSoft does not warrant access to the Internet or to any other service or content or data through the SOFTWARE PRODUCT or continued access to the trial version of the SOFTWARE PRODUCT or to the data entered into the trial version of the SOFTWARE PRODUCT after the trial period of time is over.
The above exclusions may not apply to you as some jurisdictions do not allow the exclusion of implied warranties. In that event, any implied warranties are limited in duration to 30 days from the date of purchase of the SOFTWARE PRODUCT, as applicable. However, some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may have other rights that vary from state to state.
DATA. You acknowledge that any data entry, conversion or storage is subject to the likelihood of human and machine errors, manipulation, omissions, delays, and losses, including inadvertent loss of data or damage to media that may result in loss or damage to You and/or Your property. GaussSoft shall not be liable for any such errors, omissions, delays, or losses. You are responsible for adopting reasonable measures to limit the impact of such problems, including backing up data, adopting procedures to ensure the accuracy of input data, examining and confirming results prior to use, adopting procedures to identify and correct errors and omissions, replacing lost or damaged media, and reconstructing data. You are also responsible for complying with all local, state, and federal laws pertaining to the use and disclosure of any data.

Limitation of LiabilityUnder no circumstances shall GaussSoft be liable to you or to any other person or entity for any indirect, special, incidental, or consequential damages of any character whatsoever (including, without limitation, damages for loss of profits, loss of goodwill, loss of confidential or other information, for business interruption, work stoppage, computer failure or malfunction, for personal injury, loss of privacy, for failure to meet any duty including a duty of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use or inability to use the SOFTWARE PRODUCT, or otherwise under or in connection with any provision of this EULA, even in the event of fault, tort (including negligence, and gross negligence), strict liability, breach of contract, or breach of warranty by GaussSoft, and even if GaussSoft has been advised of the possibility of such damages. In no event will GaussSoft be liable for any damages in excess of the list price GaussSoft charges for a license to the software. Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. You agree to permit GaussSoft or its representatives, access to the SOFTWARE PRODUCT as to perform warranty work and/or correction of any defects.

Third PartiesAny authorized GaussSoft reseller, installer, employee, agent, distributor or consultant has no authority to bind GaussSoft or modify this EULA, or to make any additional representations, commitments, or warranties binding on GaussSoft. GaussSoft makes no representations, warranty, endorsement or guarantee with respect to the skills or qualifications of any authorized GaussSoft reseller, installer or consultant and You are encouraged to independently investigate the skills and qualifications of any authorized GaussSoft reseller, installer or consultant which whom You associate.

Entire agreementThis EULA constitutes the entire agreement between You and GaussSoft with respect to the purchase of the SOFTWARE PRODUCT, and expressly supersedes and completely replaces any and all prior end user EULAs. GaussSoft shall not be bound by or liable to You for any pre-existing or contemporaneous written or oral representations or warranties, made by any third party, with respect to the SOFTWARE PRODUCT, including any third party.

United States GovernmentThis EULA will be governed by California law as applied to agreements entered into and to be performed entirely within California, without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction, and applicable federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in Santa Clara County.
The SOFTWARE PRODUCT is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), all U.S. Government End Users acquire the SOFTWARE PRODUCT with only those rights set forth herein.

Taxes and DutiesAny sales, goods and services taxes, any other taxes and duties, whether presently in force or imposed in the future, payable with respect to the SOFTWARE PRODUCTS supplied under this EULA, shall be assumed and paid by you.

Export ControlsYou acknowledge that this software is subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export this product, directly or indirectly, to: nor to any country to which the U.S. has embargoed goods, to any person on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denials. By consenting to this License you warrant that you are not located in, under the control of, or a national or resident of any such country or appear on any such list and further warrant that you will not distribute the run-time version of the Software to any entity that is located in, under the control of, or a national or resident of any such country or appears on any such list. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by US law.

ConfidentialityYou agree that the SOFTWARE PRODUCT, including, but not limited to, all source and object code components, screen shots and displays, graphical user interfaces, algorithms, formulae, data structures, scripts, application programming interfaces and protocols, and the Documentation provided to You are trade secrets of GaussSoft, AND is "Confidential Information" of GaussSoft. You shall retain all Confidential Information in strict confidence at least with the same amount of diligence that You exercise in preserving the secrecy of Your most-valuable information, but in no event less than reasonable diligence. You shall: (i) only disclose Confidential Information to your employees and agents to the extent required to use the SOFTWARE PRODUCT under the terms of this EULAand not to disclose or disseminate the Confidential Information to any third party without the prior written consent of GASSSOFT, (ii) use the Confidential Information solely for your benefit as provided for herein and not to allow any third to benefit from the Confidential Information, and (iii) bind your employees and agents, by terms no less restrictive than those set forth herein, to maintain the confidentiality of such Confidential Information, and not use or disclose such information except as permitted under this Agreement.

COPYRIGHTS
Copyright © 2007 GaussSoft Inc. All rights reserved.

GaussSoft Customer Contact

If You have any questions concerning these terms and conditions, or if You would like to contact GaussSoft for any other reason, please write to us at: GaussSoft Inc., 2953 Bunker Hill Lane, Suite 400 Santa Clara, CA 95054 USA. You may also reach us at www.GaussSoft.com

Additional Software Database Policy

The SOFTWARE PRODUCT contains by iAnywhere Solutions. You are only granted a non-exclusive, non-transferable right to use SQL Anywhere® and Embedded Runtime Programs for its own internal business purposes. You may only use the Embedded Runtime Program with and as part of Radial Viewer and is prohibited from using such Embedded Runtime Programs for application development purposes or otherwise outside the restrictions of the Embedded Runtime Programs. This Embedded Runtime Programs means a restricted version of SQL Anywhere®, only providing copies of SQL Anywhere® as authenticated edition, and are only distributed and licensed to You for the purposes of running the application and extracting data on a read only basis from the application for use with other programs. Embedded Runtime Programs may not be used for purposes of application development, modification or customization, or running programs other than Radial Viewer.

Your usage of SQL Anywhere® and Embedded Runtime Programs shall be restricted to the licensed servers and Seats or Concurrent Users consistent with the pricing terms of the SQL Anywhere® agreement. You shall be prohibited from sublicensing, timesharing, rental, facility management or service bureau usage of the Embedded Runtime Programs.

GaussSoft’s retains title to SQL Anywhere®, and all copies thereof, and associated intellectual property rights therein. You may not copy SQL Anywhere®, except for inactive backup and archival purposes only, and must include on all copies of SQL Anywhere® all copyright, government restricted rights, and other proprietary notices or legends included on SQL Anywhere® when it was shipped.

GaussSoft and its licensors (iAnywhere Solutions) shall not be responsible for any direct, incidental, special and consequential damages.
Only object code versions of SQL Anywhere® are licensed to You and reverse engineering, disassembly or decompilation to derive source code shall be prohibited (except to the extent expressly allowed under applicable law).

You must agree to comply with all export and re-export restrictions and regulations (“Export Restrictions”) imposed by the government of the United States. If any license of SQL Anywhere® is provided to U.S. government licensee use, duplication or disclosure of the software and documentation by the U.S. Government shall be provided subject to terms and conditions consistent with these Mandatory Terms and any applicable FAR provisions, for example, FAR 52.227-19.

Although copyrighted, SQL Anywhere® and Embedded Runtime Programs is unpublished and contains proprietary and confidential information of GaussSoft and its licensor (iAnywhere Solutions). You will agree to maintain SQL Anywhere® in confidence and shall use a reasonable degree of care to protect the confidentiality of SQL Anywhere®.

Upon termination of the license of SQL Anywhere®, You shall be required to destroy or return all copies of SQL Anywhere®.

GaussSoft shall have the right to conduct and/or direct an independent accounting firm to conduct, during normal business hours, an audit of Your appropriate records to verify the number of copies of SQL Anywhere® in use, the computer systems on which such copies are installed and the number of Seats or Concurrent Users.