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END USER LICENSE AGREEMENT FOR VIRTERA DEMO SOFTWARE
----------------------------------------------------
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE
TO BE BOUND BY THIS LICENSE AGREEMENT BY SELECTING THE TEXT LABELED
"ACCEPT" THAT IS DISPLAYED BELOW. IF YOU DO NOT AGREE TO THIS
LICENSE, SELECT THE TEXT LABELED "CANCEL" AND YOUR REQUEST WILL BE
CANCELED AND THE SOFTWARE WILL NOT BE AVAILABLE FOR DOWNLOAD OR USE.
License Grant
-------------
"You" means the person or company who is being licensed to use the
Software or Documentation. "We," "us" and "our" means Virtera.
We hereby grant you a nonexclusive license to use one copy of the
Software on any single computer, provided the Software is in use on
only one computer at any time. The Software is "in use" on a computer
when it is loaded into temporary memory (RAM) or installed into the
permanent memory of a computer - for example, a hard disk, CD-ROM or
other storage device.
Title
-----
We remain the owner of all right, title and interest in the Software
and related explanatory written materials ("Documentation").
Archival or Backup Copies
-------------------------
You may copy the Software for back up and archival purposes, provided
that the original and each copy is kept in your possession and that
your installation and use of the Software does not exceed that allowed
in the "License Grant" section above.
Things You May Not Do
---------------------
The Software and Documentation are protected by United States copyright
laws and international treaties. You must treat the Software and
Documentation like any other copyrighted material - for example, a book.
You may not:
- copy the Software except to make archival or backup copies as
provided above,
- modify or adapt the Software or merge it into another program,
- reverse engineer, disassemble, decompile or make any attempt to
discover the source code of the Software,
- place the Software onto a server so that it is accessible via a
public network such as the Internet,
- sublicense, rent, lease or lend any portion of the Software or
Documentation, or
- transfer your rights to use the Software and Documentation
to another person or legal entity.
No Warranty
-----------
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THERE IS NO WARRANTY FOR
THE DEMO SOFTWARE BECAUSE THE DEMO SOFTWARE IS LICENSED FREE OF
CHARGE. WE PROVIDE THE DEMO SOFTWARE "AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, AND WE DISCLAIM ANY AND
ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY
OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, regardless of whether we know or had reason to
know of your particular needs. No employee, agent, dealer or
distributor of ours is authorized to make any additional warranties.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY
LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE
(EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED
OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER
PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
Term and Termination
--------------------
This license agreement takes effect upon your use of the software
and remains effective until terminated. You may terminate it at any
time by destroying all copies of the Software and Documentation in
your possession. It will also automatically terminate if you fail
to comply with any term or condition of this license agreement.
You agree on termination of this license to destroy all copies of
the Software and Documentation in your possession.
Confidentiality
---------------
The Software contains trade secrets and proprietary know-how that
belong to us and it is being made available to you in strict
confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS
ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT
ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A
VIOLATION OF OUR TRADE SECRET RIGHTS.
General Provisions
------------------
1. This written license agreement is the exclusive agreement between
you and us concerning the Software and Documentation and supersedes
any prior communication, advertising or representation concerning
the Software.
2. This license agreement may be modified only by a writing signed
by you and us.
3. In the event of litigation between you and us concerning the
Software or Documentation, the prevailing party in the litigation
will be entitled to recover attorney fees and expenses from the
other party.
4. This license agreement is governed by the laws of the State
of California.
5. You agree that the Software will not be shipped, transferred or
exported into any country or used in any manner prohibited by the
United States Export Administration Act or any other export laws,
restrictions or regulations.
Virtera
P.O. Box 2611
Santa Clara, CA 95055
Tel: (408) 260-1222
END OF END USER LICENSE AGREEMENT FOR VIRTERA DEMO SOFTWARE
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