Please read this agreement to be entered into by you ("Recipient") and Firehand Technologies Corporation ("Firehand") in its entirety. Installation and/or use of this Software Product ("Software Product") is contingent on your acceptance of the following terms. If you do not agree to the following terms, you may not install and/or use this product. If you proceed with the installation and/or use of this product, you are affirming that you have read and understood this agreement and that you agree to be bound by it.
1. GRANT OF LICENSE TO USE UNREGISTERED COPY
This is not free software. Recipient is hereby granted a limited, non-exclusive, nontransferable, royalty-free license to use an unregistered copy ("Unregistered Copy") of the Software Product without charge for an evaluation period ("Evaluation Period") which shall be limited to thirty (30) evaluation sessions and which shall in no event exceed 21 days. If Recipient uses the Software Product after the Evaluation Period, a registration fee must be paid by Recipient to Firehand for each copy of the Software Product used.
2. GRANT OF LICENSE TO DUPLICATE AND DISTRIBUTE UNREGISTERED COPIES
Recipient is hereby granted a limited, non-exclusive, nontransferable, royalty-free license to duplicate and distribute Unregistered Copies of the Software Product, subject to the following conditions: that all Unregistered Copies distributed by recipient be "exact copies" of an original Unregistered Copy supplied by Firehand; that there be no charge or request for donations for any Unregistered Copies distributed by Recipient.
3. GRANT OF LICENSE TO USE REGISTERED COPY
If Recipient has paid to Firehand the required license fee and obtained a registration key for the Software Product, Firehand hereby grants Recipient a limited, non-exclusive, nontransferable, royalty-free license to use a single registered copy ("Registered Copy") of the Software Product on a single workstation. This is not a "concurrent use" license. A separate Registered Copy of the Software Product must be licensed for each workstation on which the Software Product will be used after the Evaluation Period, even if such use is only temporary.
4. LIMITATIONS ON LICENSE
All other rights not specifically granted under the previous sections of this Agreement are reserved to Firehand. Recipient may not rent, lease, sell, sublicense, assign, or otherwise transfer a Registered Copy of Software Product (or a registration key for Software Product). Firehand shall retain title and all ownership rights to both Registered Copies and Unregistered Copies of Software Product and to all registration keys. Recipient may not reverse engineer, decompile, disassemble, or modify in any way the Software Product, or take steps of any kind to circumvent the usage restrictions built into Unregistered Copies of Software Product, or to assist others in the circumvention of the usage restrictions built into Unregistered Copies of Software Product.
5. PRODUCT MAINTENANCE
Firehand is not obligated to provide maintenance or updates of Software Product to Recipient. However, any maintenance or updates provided by Firehand shall be covered by this Agreement.
6. DISCLAIMER OF WARRANTY
SOFTWARE PRODUCT IS DEEMED ACCEPTED BY RECIPIENT. SOFTWARE PRODUCT IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIREHAND FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF SOFTWARE PRODUCT REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIREHAND BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, 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 SOFTWARE PRODUCT, EVEN IF FIREHAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GOVERNING LAW; ATTORNEYS FEES
This Agreement shall be governed by the laws of the State of Oklahoma and Recipient consents to jurisdiction by the state and federal courts sitting in the State of Oklahoma. Further, Recipient specifically agrees that exclusive venue for any disputes arising out of this Agreement shall be courts sitting in the State of Oklahoma. If Firehand employs attorneys to enforce any rights arising out of or relating to this Agreement, and prevails against Recipient, Firehand shall be entitled to recover reasonable attorneys' fees from Recipient.
8. SEVERABILITY
If, but only to the extent that, any provision of this Agreement is declared or found to be illegal, unenforceable or void, then both parties shall be relieved of all obligations arising under such provision, it being the intent and agreement of the parties that this Agreement shall be deemed amended by modifying such provision to the extent necessary to make it legal and enforceable while preserving its intent. If such amendment is not possible, another provision that is legal and enforceable and achieves the same objective shall be substituted therefor. If the remainder of this Agreement is not affected by such declaration or finding and is capable of substantial performance by both parties, then the remainder shall be enforced to the extent permitted by law.
9. ENTIRE AGREEMENT
This Agreement constitutes the complete and exclusive agreement between Firehand and Recipient with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in a writing duly signed by an authorized representative of Firehand and Recipient.
