Evaluation Licence Agreement
Latest revision: March 1st, 2018.
The parties agree as follows:
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 evalution 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, tradenames, 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.
2.1Grant 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.
The present Evaluation License is free of charge.
4.License Management Library
The Software includes a software protection library developed by us and designed 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:
We are owner of any and all intellectual and other property and rights relating to the Documentation and the Software, and possess sufficient rights in such property and authority to grant this license and carry out our obligations hereunder.
a. The Documentation and the Software 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.
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.
APPENDIX A – POSSIBLE THIRD PARTY SOFTWARE LICENSING
The Software may contain a modified part of the open-sourced LAPACK library licensed under the Modified BSD license.
Copyright (c) 1992-2013 The University of Tennessee and The University of Tennessee Research Foundation. All rights reserved.
Copyright (c) 2000-2013 The University of California Berkeley. All rights reserved.
Copyright (c) 2006-2013 The University of Colorado Denver. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
– Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
– Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer listed in this license in the documentation and/or other materials provided with the distribution.
– Neither the name of the copyright holders nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
The copyright holders provide no reassurances that the source code provided does not infringe any patent, copyright, or any other intellectual property rights of third parties. The copyright holders disclaim any liability to any recipient for claims brought against recipient by any third party for infringement of that parties intellectual property rights.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Computing Objects SARL - 25 rue du Maréchal Foch, 78000 Versailles, France.
Limited Liability Company with a capital of 100 000 €.
Registered at Versailles RCS under SIRET number 422 791 038 00033 - EU VAT registration FR59422791038.