Foghorn Software, Inc. LICENSE AGREEMENT for 8Legs Web Studio ALPHA Code
PLEASE READ THIS LICENSE AGREEMENT BEFORE YOU CLICK ON THE "ACCEPT" BUTTON. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND DO NOT USE THE SOFTWARE.
1. LICENSE GRANT
Foghorn Software, Inc. ("Foghorn") grants to you, subject to the terms and conditions set forth in this agreement, a non-exclusive, non-assignable right to use this alpha version of Foghorn 8Legs Web Studio(the "Software"), in object code form solely for your internal use and evaluation. THIS SOFTWARE CONTAINS CODE THAT PREVENTS YOU FROM USING IT AFTER ONE MONTH OF USE.
2. DISCLAIMER OF WARRANTY
THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABLITY. THIS SOFTWARE IS PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER. BECAUSE OF THE DIVERSITY OF CONDITIONS AND HARDWARE UNDER WHICH THIS SOFTWARE MAY BE USED, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. YOU, THE USER OF THIS SOFTWARE ARE ADVISED TO TEST THE SOFTWARE THOROUGHLY BEFORE RELYING ON IT. YOU, THE USER MUST ASSUME THE ENTIRE RISK OF USING THE SOFTWARE. FOGHORN WILL NOT SUPPORT THIS SOFTWARE AND WILL NOT ISSUE UPDATES TO THIS SOFTWARE.
3. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
FOGHORN SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY SORT, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM LOSS OF DATA OR BUSINESS OPPORTUNITIES, RESULTING FROM THE SOFTWARE, EITHER ALONE OR IN CONJUNCTION WITH OTHER PROGRAMS, WHETHER OR NOT FOGHORN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR REASONABLY FORESEEN. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
4. PRELIMINARY CODE
While Foghorn intends to distribute a commercial release of the Software, Foghorn reserves the right at
any time not to release a commercial release of the Software. If Foghorn releases this Software commercially, the Software may be substantially modified prior to first commercial shipment.
5. COPYRIGHT AND OTHER RESTRICTIONS
You acknowledge that Software and other supporting materials constitute valuable property of Foghorn, and that all title and ownership rights in Software and related materials remain exclusively with Foghorn Software, Inc. Foghorn reserves all rights with respect to Software and supporting materials under all applicable laws for the protection of proprietary information, including, but not limited to, trade secrets, copyrights, trademarks and patents.
6. TERMINATION
Foghorn may terminate this agreement in writing at any time with or without cause. You may terminate this License at any time by destroying or erasing your copy of the Software. This Agreement shall terminate without notice upon the commercial release of the Software.
7. U. S. GOVERNMENT RESTRICTED RIGHTS
Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Foghorn Software, Inc., San Francisco, CA 94118.
