1. License Grant. This Trial software (“Trial Software”) is licensed, not sold, to you by Claris Corporation (“Claris”) for use only under the terms of this License, and Claris reserves any rights not expressly granted to you. Claris grants you a nonexclusive, nontransferable license to use the Trial Software on a single computer. Claris also grants you a nonexclusive, nontransferable, royalty free license to make exact object code copies of the Trial Software and to distribute such copies. You must reproduce on each copy the Claris copyright and any other proprietary notices that were on the original copy supplied by Claris. All copies of the Trial Software are subject to the terms of this license.
2. Restrictions. The Trial Software contains trade secrets in its human perceivable form and, to protect them, you may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE TRIAL SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT OR CREATE DERIVATIVE WORKS BASED UPON THE TRIAL SOFTWARE OR ANY PART THEREOF.
3. Termination. This License is effective until terminated. This License will terminate immediately without notice from Claris or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Trial Software, all accompanying written materials and all copies thereof, and Sections 5, 6 and 7 will survive any termination.
4. Export Law Assurances. You agree that neither the Trial Software nor any direct product thereof is being or will be shipped, transferred or reexported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder or will be used for any purpose prohibited by the Act.
5. Warranty Disclaimer. YOU ACKNOWLEDGE THAT THE TRIAL SOFTWARE MAY NOT SATISFY ALL YOUR REQUIREMENTS OR BE FREE FROM DEFECTS. SINCE THE TRIAL SOFTWARE IS BEING PROVIDED TO YOU AT NO COST, THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE LICENSED “AS IS.” ALL IMPLIED WARRANTIES AND CONDITIONS (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED AS TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. Limitation of Remedies and Damages. In no event will Claris, its parent or subsidiaries or any of the licensers, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use of or inability to use the Software or accompanying written materials, regardless of the basis of the claim and even if Claris or a Claris representative has been advised of the possibility of such damage. Claris’ liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of $500 or the money paid for the Software that caused the damages.
THE ABOVE LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. General. This License will be construed under the laws of the State of California, except for that body of law dealing with conflicts of law. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. If you are a U.S. Government user then the Trial Software is provided with “RESTRICTED RIGHTS” as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19 or subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.277-7013, as applicable. Manufacturer: Claris Corporation, 5201 Patrick Henry Drive, Santa Clara, CA 95052-8168
