User manual

may not apply to You. This limited warranty gives You specific rights and You may also have

other rights which vary from state to state.

LIMITATION OF LIABILITY

(a) Consequential Losses. NEITHER FUTURES NOR ANY OF ITS LICENSORS, SUBSIDIARIES, OR

EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL,

INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY

TO USE THE SOFTWARE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS OR

DATA, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

(b) Direct Damages. IN NO EVENT WILL FUTURES' AGGREGATE LIABILITY FOR DIRECT DAMAGES

TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A SERIES OF INSTANCES) EXCEED 1.25

TIMES THE AMOUNT PAID BY YOU FOR THE SOFTWARE OUT OF WHICH SUCH CLAIM AROSE [OR

$50 (U.S.) IF YOU RECEIVED THE SOFTWARE FREE OF CHARGE]. The above exclusions and

limitations will not apply to claims relating to death or personal injury. In those jurisdictions

that do not allow the exclusion or limitation of damages, Futures' liability shall be limited or

excluded to the maximum extent allowed within those jurisdictions.

GENERAL TERMS

Term. This Agreement becomes effective on the date You legally acquire the Software and will

automatically terminate if You breach any of its terms. Upon termination of this Agreement,

You must destroy the original and all copies of the Software or return them to Futures and

delete the Software from Your systems.

Benchmark Testing. This benchmark testing restriction applies to You if You are a software

vendor or if You are performing testing on the Software at the direction of or on behalf of a

software vendor. You may not, without Futures' prior written consent not to be unreasonably

withheld, publish or disclose to any third party the results of any benchmark test of the

Software. If You are a vendor of products that are functionally similar to or compete with the

Software ("Similar Products"), or are acting on behalf of such a vendor, and You publish

or disclose benchmark information on the Software in violation of this restriction, then

notwithstanding anything to the contrary in the Similar Product's end user license agreement,

and in addition to any other remedies Futures may have, Futures shall have the right to

perform benchmark testing on Similar Products and to disclose and publish that benchmark

information and You hereby represent that You have authority to grant such right to Futures.

Transfer. This Agreement may not be transferred or assigned without the prior written approval

of Futures.

Law and Jurisdiction. This Agreement is governed by the laws of the State of Maryland, U.S.

Any action at law relating to this Agreement may only be brought before the courts of

competent jurisdiction of the State of Maryland. If, however, Your country of principal

residence is a member state of the European Union or the European Free Trade Association,

this Agreement is governed by the laws of that country, and any action at law may only be

brought before a court of competent jurisdiction of that country.

Entire Agreement. This Agreement and the Upgrade/Additive Agreement (if applicable) sets

forth the entire understanding and agreement between You and Futures and may be amended

only in a writing signed by both parties. NO LICENSOR, DISTRIBUTOR, DEALER, RETAILER,

RESELLER, SALES PERSON, OR EMPLOYEE IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO

MAKE ANY REPRESENTATION OR PROMISE THAT IS DIFFERENT FROM, OR IN ADDITION TO, THE

TERMS OF THIS AGREEMENT.