LAW AT YOUR FINGERTIPS
Legal Terms and Conditions
1. Data Dynamics
Data Dynamics - a division of Free Fly Marketing CC, has provided a legal publishing service to industry, business and commerce since 1991. This division is focused in producing and supplying legislation and other document data assets to industry, business and commerce, a service based on client demand. We provide government legislation complete with regulations in digital format.
Established under the banner of Legal Document Publisher in computer format, Data Dynamics is now widely used in industry, business and commerce, for efficient access to legislation in digital format – with our own electronic viewing engine called Insight.
Data Dynamics is focused on publishing selected up-to-date legislation from the South African Government Gazette (under license.) We also offer clients the opportunity to source and request specialised information that they require which is out of print or not normally published.
Our aim is to be a Compliance Service Provider for any client wanting to be supplied with current South African legislation that has been prepared in our Library of documents.
PO Box 940, Westville, (3630), KwaZulu-Natal, Republic of South Africa
+27+31 2628240 or 031 2628240
+27+31 2628158 or 031 2628158
- Web Site:
www.ddyn.com or www.datadynamics.co.za
2. Publishers’ Copyright Authority
All legislative information in this publication is reproduced under Government Printers Copyright Authority Number 9595 - 24 September 1993
3. Copyright Notice
The information in this product is copyrighted under the Berne Convention, in terms of the Copyright Act, No 98 of 1978 of South Africa. Copyright 1991 – 2014 © Data Dynamics. All rights reserved.
4. Disclaimer Notice
Data Dynamics hereby disclaims any and all guarantees and warranties on the information contained in this software publication or on the documentation of this software, and specifically disclaim any implied warranties of the merchantability or fitness of the information contained in this software publication or documentation for any particular purpose. This information contained in this software publication and manual are provided as a service on an "as is" basis; any user of this information or manual uses it at his or her own risk.
Further, Data Dynamics reserves the right to revise this publication and to make changes from time to time in the software and in the content of this publication without obligation of Data Dynamics to notify any person of such revision or changes. No guarantee is made that further versions of the software publication or manual will be compatible with any other versions. Further, although every care is taken to ensure the accuracy of this publication and disc or internet download, supplements, updates and replacement material via post, email or internet, the authors, editors, publishers and printers do not accept any responsibility for any act, omission, loss, damage or the consequences thereof occasioned by the reliance by any person upon the contents hereof.
5. License Information
End User License Agreement (EULA)NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT"), FOR THE LICENSE OF INSIGHT ("SOFTWARE") PRODUCED BY DATA DYNAMICS ("DATA DYNAMICS").
IF YOU HAVE PURCHASED/INSTALLED THIS SOFTWARE VIA THE INTERNET BY CLICKING THE ACCEPT BUTTON, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT INSTALL THE SOFTWARE.
IF YOU HAVE PURCHASED THIS SOFTWARE ON A PHYSICAL MEDIUM, HAVING BROKEN THE CD'S SLEEVE YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT DO NOT BREAK THE CD's SLEEVE, DOWNLOAD, AND INSTALL OR USE THIS SOFTWARE.
IN ACCORDANCE WITH SOUTH AFRICAN LEGISLATION, REGARDING INSIGHT INTENDED FOR INDIVIDUAL CONSUMERS AND PURCHASED ONLINE FROM THE DATA DYNAMICS OR ITS PARTNER'S INTERNET WEB SITE, CUSTOMER SHALL HAVE A PERIOD OF FOURTEEN (14) WORKING DAYS AS FROM THE DELIVERY OF PRODUCT TO MAKE RETURN OF IT TO THE MERCHANT FOR EXCHANGE OR REFUND, PROVIDED THE SOFTWARE IS NOT UNSEALED. REGARDING INSIGHT INTENDED FOR INDIVIDUAL CONSUMERS NOT PURCHASED ONLINE VIA INTERNET, THIS SOFTWARE NEITHER WILL BE RETURNED NOR EXCHANGED EXCEPT FOR CONTRARY PROVISIONS FROM THE PARTNER WHO SELLS THE PRODUCT. IN THIS CASE, DATA DYNAMICS WILL NOT BE HELD BY THE PARTNER'S CLAUSES.
THE RIGHT TO RETURN AND REFUND EXTENDS ONLY TO THE ORIGINAL PURCHASER.
All references to "Software" herein shall be deemed to include the software activation code with which you will be provided by Data Dynamics as a part of Insight.
License Grant.Subject to the payment of the applicable license fees, and subject to the terms and conditions of this Agreement, Data Dynamics hereby grants you the non-exclusive, non-transferable right to use one copy of the specified version of the Software and the accompanying documentation (the "Documentation") for the term of this Agreement solely for your own internal business purposes. You may install one copy of the Software on one computer.
The Software is licensed as a single product; it may not be used on more than one computer or by more than one user at a time, except as set forth in this Section.
- The Software is "in use" on a computer when it is loaded into the temporary memory (i.e., random-access memory or RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. This license authorizes you to make only as many back-up copies of the Software as are necessary for its lawful use and solely for back-up purposes, provided that all such copies contain all of the Software's proprietary notices. You shall maintain records of the number and location of all copies of the Software and Documentation and will take all reasonable precautions to protect the Software from unauthorized copying or use.
- The Software provides a Document Browser service which reads specially designed Documents to customers and has regular updates which are available from the Data Dynamics update server.
- If you sell the computer on which the Software is installed, you will ensure that all copies of the Software have been previously deleted.
- You shall not decompile, reverse engineer, disassemble or otherwise reduce any part of this Software to a humanly readable form nor permit any third party to do so. The interface information necessary to achieve interoperability of the Software with independently created computer programs will be provided by Data Dynamics by request on payment of its reasonable costs and expenses for procuring and supplying such information. In the event that Data Dynamics notifies you that it does not intend to make such information available for any reason, including (without limitation) costs, you shall be permitted to take such steps to achieve interoperability, provided that you only reverse engineer or decompile the Software to the extent permitted by law.
- You shall not make error corrections to, or otherwise modify, adapt, or translate the Software, nor create derivative works of the Software, nor permit any third party to copy (other than as expressly permitted herein).
- You shall not rent, lease or lend the Software to any other person, nor transfer or sub-license your license rights to any other person.
- You shall not provide the activation code or license key file to third parties or allow third parties access to the activation code or license key. The activation code and license key are confidential data.
- Data Dynamics may ask User to install the latest version of the Software (the latest version and the latest maintenance pack).
- You have the right to provide to Data Dynamics information about any errors or functional faults in the Software or the data managed by the Software. The information gathered is used in a general form for the purpose of improving Data Dynamics’s products only.
- For the purposes stated in clause (a) the software will automatically collect information about checksums of files, executed on a computer, and send them to Data Dynamics.
Data Dynamics will provide you with the support services ("Support Services") as defined below for a period, specified in the License Key File (service period) and indicated in the "Service" window, since the moment of activation on:
- payment of its then current support charge, and:
successful completion of the Support Services Subscription Form as provided to you with this Agreement or as available on the Data Dynamics website, which will require you to enter activation code also provided to you by Data Dynamics with this Agreement. It shall be at the absolute discretion of Data Dynamics whether or not you have satisfied this condition for the provision of Support Services.
Support Services shall become available after Software activation. Data Dynamics's technical support service is also entitled to demand from you additional registration for identifier awarding for Support Services rendering.
Until Software activation and/or obtaining of the End User identifier (Customer ID) technical support service renders only assistance in Software activation and registration of the End User.
- Support Services will terminate unless renewed annually by payment of the then-current annual service charge and by successful completion of the Support Services Subscription Form again.
"Support Services" means:
- Regular updates of the documents database;
- Free software updates, including version upgrades;
- Technical support via Internet and hot phone-line provided by Vendor and/or Reseller;
- Support services are provided only if and when you have the latest version of the Software (including maintenance packs) as available on the official Data Dynamics website (www.ddyn.com) installed on your computer.
- Data Dynamics will provide you with the support services ("Support Services") as defined below for a period, specified in the License Key File (service period) and indicated in the "Service" window, since the moment of activation on:
The Software is protected by copyright laws. Data Dynamics and its suppliers own and retain all rights, titles and interests in and to the Software, including all copyrights, patents, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does not transfer any title to the intellectual property in the Software to you, and you will not acquire any rights to the Software except as expressly set forth in this Agreement.
You agree that the Software and the Documentation, including the specific design and structure of individual programs constitute confidential proprietary information of Data Dynamics. You shall not disclose, provide, or otherwise make available such confidential information in any form to any third party without the prior written consent of Data Dynamics. You shall implement reasonable security measures to protect such confidential information, but without limitation to the foregoing shall use best endeavours to maintain the security of the activation code.
- Data Dynamics warrants that for six (6) months from first download or installation the Software purchased on a physical medium will perform substantially in accordance with the functionality described in the Documentation when operated properly and in the manner specified in the Documentation.
- You accept all responsibility for the selection of this Software to meet your requirements. Data Dynamics does not warrant that the Software and/or the Documentation will be suitable for such requirements or that any use will be uninterrupted or error free.
- Data Dynamics does not warrant that this Software identifies all known information, nor that the Software will not occasionally erroneously report out of date information.
- Your sole remedy and the entire liability of Data Dynamics for breach of the warranty at paragraph (5.1) will be at Data Dynamics option, to repair, replace or refund of the Software if reported to Data Dynamics or its designee during the warranty period. You shall provide all information as may be reasonably necessary to assist the Supplier in resolving the defective item.
The warranty in (5.1) shall not apply if you:
- make or cause to be made any modifications to this Software without the consent of Data Dynamics,
- use the Software in a manner for which it was not intended, or
- use the Software other than as permitted under this Agreement.
- The warranties and conditions stated in this Agreement are in lieu of all other conditions, warranties or other terms concerning the supply or purported supply of, failure to supply or delay in supplying the Software or the Documentation which might but for this paragraph (5.6) have effect between Data Dynamics and you or would otherwise be implied into or incorporated into this Agreement or any collateral contract, whether by statute, common law or otherwise, all of which are hereby excluded (including, without limitation, the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or as to the use of reasonable skill and care).
Limitation of Liability.
Nothing in this Agreement shall exclude or limit Data Dynamics's liability for:
- the tort of deceit,
- death or personal injury caused by its breach of a common law duty of care or any negligent breach of a term of this Agreement, or
- any other liability which cannot be excluded by law.
Subject to paragraph (6.1) above, Data Dynamics shall bear no liability (whether in contract, tort, and restitution or otherwise) for any of the following losses or damage (whether such losses or damage were foreseen, foreseeable, known or otherwise):
- Loss of revenue;
- Loss of actual or anticipated profits (including for loss of profits on contracts);
- Loss of the use of money;
- Loss of anticipated savings;
- Loss of business;
- Loss of opportunity;
- Loss of goodwill;
- Loss of reputation;
- Loss of, damage to or corruption of data, or:
- Any indirect or consequential loss or damage howsoever caused (including, for the avoidance of doubt), where such loss or damage is of the type specified in paragraphs (2a), to (2i).
- Subject to paragraph (6.1) above, the liability of Data Dynamics (whether in contract, tort, restitution or otherwise) arising out of or in connection with the supply of the Software shall in no circumstances exceed a sum equal to the amount equally paid by you for the Software.
- Nothing in this Agreement shall exclude or limit Data Dynamics's liability for:
This Agreement contains the entire understanding between the parties with respect to the subject matter hereof and supersedes all and any prior understandings, undertakings and promises between you and Data Dynamics, whether oral or in writing, which have been given or may be implied from anything written or said in negotiations between us or our representatives prior to this Agreement and all prior agreements between the parties relating to the matters aforesaid shall cease to have effect as from the Effective Date.
When using demo software, you are not entitled to the Technical Support specified in Clause 2 of this EULA, nor do you have the right to sell the copy in your possession to other parties.
You are entitled to use the software for demo purposes for the period of time specified in the license key file starting from the moment of activation (this period can be viewed in the Service window of the Software's General License Agreement).
6. Licensing the Software
The Licensing of the software application as well as our data supplied is automatically coded within the document ordered by the customer at the time of purchase preparation by our technical team. The customer identifier is placed within the document so it can be clearly identified upon viewing as well as printing of each page. As the document within the application as well as the application remains the property of Data Dynamics at all times, our license for use is described within the License Information. The exception to this rule is when we are contracted to produce a “Company Manual” for a client and it is styled to operate similarly to the data or legislation documents we market, this Manual remains the exclusive property of the client. All materials and data used to produce such a Manual is kept in strict confidence and secure safe keeping.
The purchase agreement remains a very simple agreement between Data Dynamics and the customer. This is to produce updates and support to the documents purchased as per the license by the customer for use during the period of the agreement at the prices stipulated in our purchase offer or quotation. This agreement is updated annually (or upon a period agreed within the quote) or when the customer decides to reduce or increase his document quantity at any time. All prices settled upon are valid for the duration of the contract year and are not redeemable unless a stipulation in our EULA comes in force.
7. Disclaimer for African Law 'library' (in vitro)
Data Dynamics hereby disclaims any and all guarantees and warranties on the information contained in this 'library' publication or on the documentation of this publication, and specifically disclaim any implied warranties of the merchantability or fitness of the information contained in this software publication or documentation for any particular purpose. This information contained in this software publication are provided on an 'work in progress' basis. Data Dynamics will update or change this publication from time to time. Any user of this information uses it at his or her own risk.
Should any part of this EULA be in question, the publisher may be contacted for clarification and confirmation.