Evaluation License Agreement

1.Definitions

1.1In this agreement “Licensor” means Computing Objects, SARL and may also be referred as “we” or “us”.

1.2“Licensee” means you, your company or academic party; along with your agents and staff.

1.3This agreement as a whole may be referred to as the “Evaluation License Agreement”, “Evaluation Agreement” or as the “Evaluation Terms and Conditions”.

1.4“Evaluation Software Component” also referred as the “Evaluation Package” or “Software” means the CM2 evaluation software package downloaded by you from our web site.

1.5“License” means the evaluation license granted by us which includes access to download the Software, a license key and the rights to use and copy this Software in accordance with this Agreement.

1.6“Source Code” shall mean the human readable embodiment of software computer code, which must be translated by a process generally known as “compilation” into Object Code before such software can be executed by a computer.

1.7“Object Code” or “Binary Code” shall mean the computer executable embodiment of software computer code derived from the Source Code by a process generally known as “compilation”.

1.8“Dependency” means any other software parts not from us (let alone operating systems) without which the Software cannot function.

1.9“Documentation” shall mean the documentation and supporting materials relating to the Software (technical manuals, reference manuals, tutorials).

1.10“Proprietary Rights” shall mean all rights held by us (including without limitation Source Code and Object Code and its Confidential Information) including, but not limited to, patents, copyrights, authors’ rights, trademarks, trade names, logos, know-hows and trade secrets, irrespective of whether such rights arise under U.S. or international intellectual property.

1.11“Product” shall mean any software product of Licensee containing the Software in Object Code, commercially marketed and distributed by or on behalf of Licensee, including any standard documentation relating thereto.

2.License

2.1Grant of License

Subject to the terms and conditions of this Agreement, we hereby grant you a non-transferable, non sub-licensable, non-exclusive, free-of-charge license to import, run and analyze the working behavior the Software. You are also allowed to modify, adapt and recompile the Source Code of the Evaluation Package in order to exercise your understanding of the Software and to evaluate its possible integration within your Products.

You explicitly agree to:

a. USE THE SOFTWARE FOR INTERNAL EVALUATION ONLY;
b. DO NO BUSINESS WITH THE SOFTWARE;
c. REMOVE THE SOFTWARE AND ALL PRODUCED RESULT FILES FROM ANY OF YOUR COMPUTERS AT THE END OF THE EVALUATION PERIOD IF YOU DECIDE NOT TO PURCHASE A FULL-FLEDGED LICENSE.

2.2Duration of License

License is granted for a 45-day period.

3.License Fee

The present Evaluation License is free of charge.

4.License Management Library

The Software includes a software protection library to prevent unlicensed use from third parties and to limit the duration of the evaluation (normally 45 days). The protection is based on a Licensee-specific software key provided by us to you.

5.Representations and Warranties

Excepting the third-party open source libraries listed in Appendix A, we hereby represent and warrant that as of the Effective Date:

5.1Ownership

We are owner of any and all intellectual and other property and rights relating to the Software and its Documentation, and possess sufficient rights in such property and authority to grant this license and carry out our obligations hereunder.

a. The Software and its Documentation do not violate or infringe any copyright or trade secret, or, to our knowledge, any patent, of any third party;
b. We have not entered into and are not bound by any agreements of any kind inconsistent with or contrary to this Agreement.

5.2Viruses

The Software is free of any computer virus, “time bomb,” “trap door” or any other harmful, malicious or hidden program or data designed or likely to cause damage to software, data or files, or to enable or facilitate (a) unauthorized access to, software, data or files, (b) exposure of sensitive device information, or (c) a bypass of security features or restrictions; including but not limited to, undisclosed device access methods or “backdoors”, hardcoded or undocumented account credentials, covert communication channels and undocumented traffic diversion.

6.Disclaimer of Warranties

THE SOFTWARE IS EVALUATED “AS IS” AND WITHOUT ANY WARRANTY. WE HEREBY DISCLAIM ANY AND ALL WARRANTY NOT EXPRESSLY PROVIDED HEREIN, INCLUDED BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. YOU USE THE SOFTWARE AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR ANY DATA LOSS THAT MAY OCCUR AS A RESULT OF INSTALLING OR USING THE SOFTWARE AND THE SUPPORT SERVICES, AND OUR LIABILITY FOR HARM RESULTING FROM YOUR USE OF THE SOFTWARE IS EXPRESSLY LIMITED AS PROVIDED HEREIN. WE ARE NOT RESPONSIBLE FOR ANY COMPATIBILITY CONFLICTS THAT MAY OCCUR.