DOWNLOADING AND EITHER CLICKING 'ACCEPT' OR OTHERWISE USING THE ACCOMPANYING COMPUTER SOFTWARE (THE 'SOFTWARE') INDICATES THAT YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT AND COMPLY WITH ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SOFTWARE.
1. Farallon Computing, Inc. ('Farallon') hereby grants to you a non-exclusive, non-sublicensable and non-transferable license (this 'License') to use the Software solely for evaluation and testing. THIS SOFTWARE WILL EXPIRE AFTER A PREDETERMINED TIME PERIOD.
2. Farallon and its suppliers retain all right, title and interest in the Software. All contributions or enhancements suggested by you in your review and evaluation of the Software shall be the property of Farallon. You acknowledge that the Software in source code form is a confidential trade secret of Farallon and its suppliers; you therefore agree not to modify, reverse engineer, decompile, or disassemble the Product, except to the extent that applicable laws may prohibit such restriction.
3. This License terminates on the date on which the Software is released for public distribution, if ever. In addition, either party may terminate this License at any time upon written notice to the other party. Paragraphs 2, 4, 5, 6 and 7 shall survive termination of this Agreement.
4. You understand and agree that the Software is experimental and therefore may not fully function upon installation. ACCORDINGLY, THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS. FARALLON DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FARALLON WILL NOT SUPPORT THE SOFTWARE OR ISSUE UPDATES TO THE SOFTWARE.
5. BECAUSE THIS SOFTWARE IS PROVIDED TO YOU GRATUITOUSLY, IN NO EVENT WILL FARALLON, ITS LICENSOR(S) AND THE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS OF ANY OF THEM BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND UNDER ANY THEORY OF LIABILITY SUFFERED BY YOU OR ANYONE ELSE ARISING OUT THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF FARALLON OR ITS LICENSOR(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT THAT APPLICABLE LAWS MAY PROHIBIT SUCH LIMITATIONS.
6. You agree that neither the Product nor any direct product thereof is being or will be acquired, 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 same.
7. This License shall be governed by California law, United States law and international treaties. This License constitutes the entire agreement between the parties concerning its subject matter. Any waiver or amendment of any provision of this License shall be effective only if in writing and signed by you and an officer of Farallon.
