Dynamic Sort Component- Trial

Dynamic Sort Features

How Dynamic Sort Works

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Please provide your contact information before downloading a free Dynamic Sort trial. This fully functioning trial will allow you to test all component features inside of Xcelsius® 2008. When publishing a SWF using the Dynamic Sort trial, the plug in component functionality will expire 7 days after the published date.

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Terms of Use	SOFTWARE LICENSE AGREEMENT This SOFTWARE LICENSE AGREEMENT (Agreement) is entered into between Centigon Solutions Inc., whose business address is 6440 Lusk Blvd #D207 San Diego CA 92121 (Licensor), and (Licensee), as of this date. WHEREAS Licensor is the sole owner of all rights, title, and interest in and to the proprietary software product known as Dynamic Sort™ a software application that dynamically evaluates and sorts a data range. (the Licensed Software), as well as any and all related documentation, user manuals, and related material (collectively, Licensed Documentation). WHEREAS Licensee desires to obtain a nonexclusive license to the Licensed Software and the Licensed Documentation so that Licensee and Licensee’s end users will have the right to use the Licensed Software and Licensed Documentation in accordance with the terms of this Agreement. NOW, THEREFORE, in consideration of the terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. GRANT OF LICENSE. Licensor hereby grants to Licensee a worldwide, nonexclusive, nontransferable license to use the object code version of the Licensed Software as a single, undivided unit and the Licensed Documentation. Each single license may be loaded on one and only one Licensee computer for use by all of Licensee’s users on that computer. Licensee does not have the right to make copies, create derivatives, or distribute the Licensed Software or the Licensed Documentation or any other rights not explicitly granted by this Agreement. 2. OWNERSHIP; RESTRICTIONS. Subject to the rights granted to Licensee under this Agreement, all right, title, and interest in and to the Licensed Software and Licensed Documentation are and shall remain at all times the sole and exclusive property of Licensor. Licensor may use, sell, assign, transfer, and license copies of and rights in the Licensed Software and Licensed Documentation to third parties in Licensor’s sole discretion free from any claim of Licensee. In addition, Licensee agrees that it shall not, without the express written consent of Licensor, decompile, disassemble, or reverse engineer the Licensed Software, or modify, enhance, or otherwise change or supplement the Licensed Documentation, in whole or in part, without the prior written permission of Licensor. 3. PAYMENTS. In consideration of the rights granted hereunder, Licensee shall pay to Licensor for each single license the fee specified on Licensor’s web site. Licensor reserves the right to change this single license fee at any time at its sole discretion. 4. TRAINING. Licensor shall provide no training as part of this Agreement. 5. TRADEMARK. Dynamic Sort is a trademark of Licensor. Any use of or goodwill received from this trademark shall accrue solely to Licensor, who shall remain the sole owner of this trademark. 6. TITLE. Licensor represents and warrants that it owns all right, title, and interest in and to the Licensed Software and Licensed Documentation. 7. WARRANTY. Licensor warrants that the Licensed Software will conform to the performance standards and specifications set forth in the Licensed Documentation if the Licensed Software is properly installed and used in an appropriate operating environment. This warranty extents only to the degree that, if Licensee documents in writing a malfunction of the Licensed Software, Licensor will make commercially reasonable efforts to correct the malfunction. Licensor does not warrant that the functions contained in the Licensed Software will meet Licensee’s requirements or will operate in the combination that Licensee selects for use, or that the operation of the Licensed Software will be uninterrupted or error free, or that all defects in the Licensed Software will be corrected by Licensor. Licensor’s responsibility under this warranty shall be limited to correcting the portion of the Licensed Software that fails to perform substantially in accordance with the said specifications or, at the option of Licensor, refunding the applicable license fees in which event Licensee shall return all copies of the Licensed Software and related Documentation or destroy that which is not returned. Licensor shall have no liability under the foregoing warranty if (a) Licensee decompiles, reverse engineers, or modifies the Licensed Software without Licensor’s prior written consent, (b) Licensee fails to give Licensor written notice of the claimed breach of warranty, or (c) the failure to perform is caused in whole or in part by persons other than Licensor or by products, equipment, or computer programs not furnished by Licensor. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS SECTION, LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Except as otherwise provided in this section Licensee takes this software “as is.” 8. LIMITATION OF LIABILITY. In no event shall Licensor be liable to Licensee or any third party, under this Agreement or through the use of the Licensed Software or Documentation, for any amounts representing loss of profits, loss of data, loss of business, or indirect, consequential, or punitive damages of Licensee or such third party. Licensor’s liability in contract, tort, or otherwise for direct damages to Licensee or any third party arising from this Agreement or the use of the Licensed Software shall be limited to license fees paid for by Licensee under this Agreement. 9. GENERAL PROVISIONS. a. Complete Agreement; Amendment. Licensee acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms, and further agrees that they are the complete and exclusive statement of the agreement between the parties which supersedes and merges all prior proposals, understandings, and all other agreements, oral and written, between the parties relating to this Agreement. This Agreement may not be modified or altered except by written instrument duly executed by both parties. b. Notice. Any notice or communication required or permitted in this Agreement shall be in writing and shall be delivered by email. Any email directed to Licensor shall be addressed to support@centigonsolutions.com. c. Governing Laws. This Agreement and performance under this Agreement shall be governed exclusively by the laws of the State of California without regard to any considerations of conflicts of law. d. Venue/Jurisdiction. Any action brought under this Agreement must take place in a court of competent jurisdiction, only in the County of San Diego, State of California. Any arbitration initiated by either party must occur only in the County of San Diego, State of California. e. Severability. If any provision of this Agreement is invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted. The remainder of the Agreement shall be valid and enforceable to the maximum extent possible. f. Assignment. Licensee may not assign, without the prior written consent of Licensor, its rights, duties, or obligations under this Agreement to any person or entity, in whole or in part, except Licensee may assign this Agreement as part of the sale of its business or substantially all of its assets. Any purported attempts by the District to assign or sublicense this Agreement contrary to the provisions of this Subsection are void. g. Waiver. The waiver or failure of either party to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further right under this Agreement. h. Headings. The headings appearing at the beginning of the several sections contained in this Agreement have been inserted for identification and reference purposes only and shall not be used in the construction and interpretation of this Agreement. i. No Construction Against Drafter. If an ambiguity or question of intent arises with respect to any provision of this Agreement, the Agreement will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favoring or disfavoring either party by virtue of authorship of any of the provisions of this Agreement. j. Force Majeure. Either party shall be excused from performance and shall not be liable for any delay in whole or in part, caused by the occurrence of any contingency beyond the reasonable control either of the excused party or its subcontractors or suppliers including, but not limited to, war, sabotage, insurrection, riot or other act of civil disobedience, act of public enemy, failure or delay in transportation, act of any government or any agency or subdivision thereof affecting the terms hereof, accident, fire, explosion, flood, severe weather or other act of God, or shortage of labor or fuel or raw materials. k. Mandatory, Binding Arbitration. Both parties agree that any controversy or dispute stemming from or arising out of this Agreement will be submitted to binding arbitration under the then current rules of the American Arbitration Association. The Arbitrator(s) is/are required to apply the applicable rules of law and equity. The decision of the arbitrator(s) will be final and binding on the parties and may be entered as the final decision in any court of competent jurisdiction. Arbitration will take place only in the County of San Diego.
	I agree to the terms of use stated above.

*Before installing your trial, make sure you are running a version of Xcelsius 2008 SP1 or greater.

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