License Agreement for Trial Version of Astra SiteManager
GRANT OF LICENSE. Mercury Interactive Corporation ("Mercury Interactive") grants to you ("Recipient") a non-exclusive, non-sublicensable, non-transferable license to use this Trial version of Astra SiteManager in a binary executable form, along with related documentation (collectively "The Product"), at a secure site owned or leased by the Recipient, for evaluation and trial use purposes only. All other rights are reserved to Mercury Interactive. Mercury Interactive shall retain title and all ownership rights to the Product.
USE RESTRICTIONS. Recipient agrees that the Product is based on and includes and trade secrets and proprietary know-how belonging to Mercury Interactive and is being made available to Recipient in confidence and solely on the basis of a confidential relationship with Mercury Interactive. Recipient shall not (i) reverse engineer, decompile or disassemble any portion of the Product's binary code, (ii) create derivative works based on the Product (including the Product's screen displays), (iii) make any portion of the Product available to a third party, (iv) rent, lease, sell, sublicense, assign, or otherwise transfer the Product or any portion thereof to a third party, or (v) use the Product for a purpose other than that for which it is intended (as evidenced by the documentation), including but not limited to use which significantly impairs the operation or performance of a Web site of a third party without such party's consent. Recipient further agrees to treat the Product with at least the same degree of care as that with which it treats its own confidential or proprietary information.
TERM OF AGREEMENT. The term of this Agreement shall terminate upon the earlier of (a) Mercury Interactive's written notice to Recipient, or (b) 30 days after receipt of the Product by Recipient. Upon the termination of this Agreement, Recipient shall cease use of the Product and shall promptly delete all full or partial copies of the Product and related materials provided by Mercury Interactive. THE PRODUCT CONTAINS CODE THAT DISABLES MOST OF ITS FEATURES AFTER A PERIOD OF 30 DAYS.
PRODUCT MAINTENANCE. Mercury Interactive is not obligated to provide maintenance for the Product. However, any maintenance provided by Mercury Interactive shall be covered by this Agreement.
DISCLAIMER OF WARRANTY. Product is deemed accepted by Recipient, and is provided "as is" without any warranty of any kind. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MERCURY INTERACTIVE FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MERCURY OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF MERCURY INTERACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO RECIPIENT.
GOVERNING LAW; ATTORNEYS FEES. This Agreement shall be governed by the laws of the State of California and Recipient further consents to jurisdiction by the state and federal courts sitting in the State of California. If either Mercury Interactive or Recipient employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including expert witness fees.
SURVIVAL OF OBLIGATIONS. Other provisions hereof notwithstanding, the following paragraphs shall survive the termination or expiration of this Agreement: USE RESTRICTIONS, DISCLAIMER OF WARRANTY, and GOVERNING LAW; ATTORNEYS FEES.
Copyright 1997 by Mercury Interactive Corporation, PATENTS PENDING.
