Please read the license below carefully before using this Claris pre-release software product. If you agree to be bound by the terms of the license, please click the "AGREE" button. If you do not agree to the terms of the license, please click the "DISAGREE" button and do not use the Claris pre-release software product.
PRE-RELEASE SOFTWARE LICENSE
You (the "Recipient") are interested in receiving on loan from Claris Corporation ("Claris") the enclosed pre-release software ("Pre-release Software") and you agree to use and test the Pre-release Software solely in accordance with the terms of this License. PLEASE BE AWARE THAT THIS PRE-RELEASE SOFTWARE MAY BE PROGRAMMED TO CEASE FUNCTIONING ON A CERTAIN DATE.
1. License Grant. Subject to all the terms and conditions contained herein, Claris hereby grants Recipient a temporary, nonexclusive, non-transferable license to use and evaluate one (1) copy of the Pre-release Software. To "use" the Pre-release Software means that the Software is either loaded in the temporary memory (i.e. RAM) of a computer or installed on the permanent memory of a computer (i.e., hard disk, CD ROM, etc.). Recipient may make one copy of the Software in machine readable form solely for back up purposes. The Pre-release Software remains the property of Claris and its licensors and no license, except for the limited license set forth above, or other rights in the Pre-release Software is granted herein. As an express condition of this license, Recipient must reproduce on each copy any copyright notice or other proprietary notice that is on the original copy supplied by Claris.
2. Restrictions. EXCEPT AS SET FORTH IN SECTION 1, RECIPIENT MAY NOT COPY THE PRE-RELEASE SOFTWARE. The Pre-release Software contains trade secrets in its human perceivable form and, to protect them, Recipient may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE PRE-RELEASE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. RECIPIENT MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT OR CREATE DERIVATIVE WORKS BASED UPON THE PRE-RELEASE SOFTWARE OR ANY PART THEREOF.
3. Termination. Claris may terminate this License, at any time, immediately upon giving written notice to Recipient. Immediately upon the termination of this License or earlier upon Claris' written request, Recipient will return to Claris, or at Claris' option destroy, the Pre-release Software. Upon Claris' request, Recipient will deliver to Claris written confirmation of such return and/or destruction signed by an authorized representative of Recipient. Sections 4, 5, 6, 7 and 8 will survive any termination.
4. No Warranty Disclaimer. RECIPIENT ACKNOWLEDGES THAT THE PRE-RELEASE SOFTWARE MAY NOT SATISFY RECIPIENT'S REQUIREMENTS OR BE FREE FROM DEFECTS. THE PRE-RELEASE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND CLARIS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO RECIPIENT.
5. No Obligation to Continue Development. Recipient acknowledges that Claris 1) has not promised or guaranteed that subsequent releases of the Pre-release Software will be announced or made available to anyone in the future, 2) has no express or implied obligation to Recipient to announce or introduce subsequent releases of the Pre-release Software and 3) may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, Recipient acknowledges that its use and testing of the Pre-release Software is done entirely at Recipient's own risk.
6. Disclaimer of Liability. CLARIS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, THAT STEM FROM ANY USE OR INABILITY TO USE OF THE PRE-RELEASE SOFTWARE OR OTHERWISE ARISING FROM THIS LICENSE. Claris' liability to Recipient for actual damages for any cause whatsoever, and regardless of the form of the action, will be limited to $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO RECIPIENT. THE ABOVE LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.
7. Export Law Assurances. Recipient may not use or otherwise export or reexport the Pre-release Software except as authorized by the United States law and the laws of the jurisdiction in which the Pre-release Software was obtained. In particular, but without limitation, the Pre-release Software may not be exported or reexported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Pre-release Software, Recipient represents and warrants that Recipient is not located in, under control of, or a national or resident of any such country or on any such list.
8. 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 the Pre-release Software is supplied to the United States Government, the Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the Software are as provided in clause 52.227-19.
