INTUITIVE SYSTEMS, INC. - SOFTWARE LICENSE AGREEMENT - TRIAL VERSION
INTUITIVE SYSTEMS, INC. ("LICENSOR") IS WILLING TO LICENSE THE TRIAL VERSION OF THE ACCOMPANYING PROGRAM TO YOU ("LICENSEE") ONLY IF YOU ACCEPT ALL OF THE TERMS IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY INSTALLING THE PACKAGE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, LICENSOR WILL NOT LICENSE THIS PROGRAM TO YOU. IN THIS CASE DO NOT INSTALL THE PACKAGE.
Definitions
1.1 "Agreement" shall mean this Agreement between Licensor and Licensee.
1.2. "Documentation" shall mean the user manual(s) and any other materials supplied by Licensor for use with the Program .
1.3 "Program" shall mean the machine-readable object code of OptimizeIt trial version together with its Documentation.
Grant of License
2. Licensor hereby grants to Licensee, and Licensee hereby accepts, a 15 days restricted non-exclusive license to use the Program subject to the terms and provisions of this Agreement.
3.Licensee agrees that it will use the Program solely for evaluation purposes.
4. The license granted by this Agreement authorizes use of the Program by no more that 1 concurrent user, unless expressly specified in the materials supplied by Licensor to Licensee together with the Program.
5. Licensee acquires no right to distribute the Program and no right to copy the Program unless as specified in this Agreement
6. Licensee agrees not to decompile, disassemble or reverse engineer the Program.
7. Licensee shall have the right to make one copy of the machine-readable object code of the Program solely for archive purposes. On such archival copy, Licensee shall mark copyright, trademark, patent, and/or trade secret notices identical to those on the copy of the Program provided to Licensee. Licensee may not otherwise make copies of the Program.
Acknowledgment of Licensor's ownership rights
8. Licensee acknowledges that it obtains no ownership rights in the Program under the terms of this Agreement. All rights in the Program including but not limited to trade secrets, trademarks, service marks, patents, and copyrights are, shall be and will remain the property of Licensor or any third party from whom Licensor has licensed software or technology. All copies of the Program delivered to Licensee or made by Licensee remain the property of Licensor.
No Warranty
9. LICENSOR AND ANY THIRD PARTY FROM WHOM LICENSOR HAS LICENSED SOFTWARE OR TECHNOLOGY DISCLAIM(S) ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE PROGRAM AND THE ACCOMPANYING WRITTEN MATERIALS.
Overall limitation of damages
10. IN NO EVENT WILL LICENSOR BE LIABLE TO LICENSEE FOR DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE PROGRAM.
11. This Agreement is governed by the laws of the State of California.
12. U.S. Government Restricted Rights. This Program and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1) of the Rights in Technical Data and Computer Software claus at DFARS 252.227-7013 or subparagraphs (c)(1)(ii) and (2) of Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
