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- Catara™ Software SimpleTime EVALUATION SOFTWARE LICENSE AGREEMENT
-
-
- Terms and Conditions:
-
- 1. GENERAL INFORMATION. The SimpleTime Software (the "Software"), which
- consists of the executable software, configuration files, and documentation
- described in the distribution list, is provided by Catara™ Software, ("Catara").
- By using the Software or any documentation provided with the Software, you
- agree to the terms and conditions of this Agreement, which includes the license
- to use the Software and a disclaimer of warranty.
-
- 2. TITLE. The Software is licensed, not sold, to you for use only under the
- terms of this Agreement, and Catara reserves any rights not expressly granted to
- you. All title, ownership rights, and intellectual property rights in and to the
- Software shall remain in Catara. You will not, through this Agreement, acquire
- any proprietary interest in the Software.
-
- 3. LICENSE. During the term of this Agreement, you will have a non-exclusive,
- non-transferable, non-assignable license to use the Software for the purpose of
- evaluating whether to purchase an ongoing license to the Software. The
- evaluation period is limited to the lesser of the number of days provided in the
- unregistered product file and 60 days. If you continue using the Software beyond
- the evaluation period, a license fee is due to Catara and no license is granted.
- Any attempt to sublicense, assign or transfer any of the rights, duties or
- obligations under this license are void.
-
- 4. RESTRICTIONS ON USE. You may not distribute copies of the Software to
- others. You may not decompile, reverse engineer, disassemble, or otherwise
- reduce the Software to a human-perceivable form. You may not modify, adapt,
- translate, incorporate into other works, rent, lease, loan, resell for profit,
- distribute, network, or create derivative works based on the Software.
-
- 5. TERM. This Agreement shall be effective on the date that you begin using
- the Software. This license will terminate automatically if you fail to comply
- with the limitations described above. On termination, you must destroy all
- copies of the Software.
-
- 6. DISCLAIMER OF WARRANTY. Since the Software is provided free of charge for
- evaluation, the Software is provided on an "AS IS" basis, without warranty of
- any kind, including without limitation the warranties of merchantability,
- fitness for a particular purpose and non-infringement. The entire risk as to the
- quality and performance of the Software is borne by you. Should the Software
- prove defective, you and not Catara assume the entire cost of any service and
- repair.
-
- This disclaimer of warranty constitutes an essential part of the agreement. SOME
- STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY
- NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO
- STATE OR BY JURISDICTION.
-
- 7. LIMITATION OF LIABILITY. IN NO EVENT SHALL Catara OR ITS SUPPLIERS OR
- RESELLERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY
- OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, DATA,
- SAVINGS OR REVENUES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
- WHETHER UNDER TORT, CONTRACT OR OTHER THEORIES OF RECOVERY, EVEN IF SUCH PARTY
- HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT
- ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
- DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
-
- 8. GOVERNING LAW. This Agreement shall be deemed to have been entered into and
- shall be interpreted and governed in all respects by the laws of the State of
- Kansas, excluding its conflict of law provisions. The application of the United
- Nations Convention of Contracts for the International Sale of Goods is expressly
- excluded.
-
- 9. MISCELLANEOUS. This Agreement represents the complete agreement concerning
- this license between Catara and you. Should any provision of this Agreement be
- held by a court of law to be illegal, invalid or unenforceable, the legality,
- validity, and enforceability of the remaining provisions of this Agreement shall
- not be affected or impaired thereby. The failure of any party to enforce any of
- the terms or conditions of this Agreement, unless waived in writing, shall not
- constitute a waiver of that party's right to enforce each and every term and
- condition of this Agreement.
-
-