The Stout Restricted Stock Study™ and the Stout DLOM Calculator™
Single User License Agreement and Limitation of Warranty
Important Copyright and Trade Secret Notice. Please Read Carefully
The Stout Restricted Stock Study™ and the Stout DLOM Calculator™ are trademarks of Stout.
Copyright © 2018, Stout. All rights reserved.
Economical Site Licenses are available should you want multiple users to access any BVR database. For more information about multi-user solutions for your firm, please contact an Account Executive at firstname.lastname@example.org or by calling 503-479-8200 extension 2.
The Stout Restricted Stock Study™ and the Stout DLOM Calculator™ contain material which may be copyrighted under the laws of the United States and elsewhere and may now or in the future be protected under other forms of legal protection as such may be made available by law. The Stout Restricted Stock Study™, The Stout DLOM Calculator™, and material portions of The Stout Restricted Stock Study™ and The Stout DLOM Calculator™ contain trade secrets and confidential information of Stout. In addition to the terms set forth herein, your consent to the terms of this agreement means that you agree NOT to disclose any substantial portions of the database to others, and that you agree to use information and material acquired through The Stout Restricted Stock Study™ and The Stout DLOM Calculator™ solely for purposes of disclosing a reasonable number of comparable transactions in valuation reports or other of your work-product, or for disclosing statistical measures such as the mean or median of certain sub-samples of the data in the study, and that you obtain agreement from any third party having access to the valuation studies containing such material to take reasonable steps to maintain the disclosed information in confidence. In doing so, you agree to identify the source of the information and to retain all copyright and other proprietary notices contained on the materials. Furthermore, in doing so, you agree to place appropriate copyright notices on all valuation report or other forms of work product that you release which includes any data or any conclusions from The Stout Restricted Stock Study™ and The Stout DLOM Calculator™. You may NOT otherwise distribute, modify, transmit, reuse, report, resell, or use the contents of The Stout Restricted Stock Study™ and The Stout DLOM Calculator™ without the express written permission of Stout.
You accept the following Limitation of Warranty: WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION, ACCESS OR USE OF The Stout Restricted Stock Study and The Stout DLOM Calculator, INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING FROM YOUR RELIANCE ON THE CONTENTS OF The Stout Restricted Stock Study and The Stout DLOM Calculator OR AFFILIATED SITES, ERRORS IN THE DATA, AND DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF THE FEES EARNED BY US FROM YOU SUBSEQUENT TO YOUR ENTERING INTO THIS AGREEMENT. THE REMEDIES AVAILABLE TO YOU AGAINST US UNDER THIS AGREEMENT ARE EXCLUSIVE. NOTE THAT SOME STATES DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CERTAIN OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree that any and all disputes arising in connection with the terms of this License Agreement and Limitation of Warranty shall be resolved under and construed according to the law of California, exclusive of its choice of law principles. You further agree that any such proceedings may be brought only in the state or federal courts of California and that you will submit to the jurisdiction of said courts.
Last updated: May 2017