PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS TRIAL SOFTWARE. BY CLICKING THE "YES" BUTTON OR BY USING THIS TRIAL SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, CLICK THE "NO" BUTTON AND DO NOT USE THIS TRIAL SOFTWARE.
You are interested in receiving from FileMaker, Inc. and its subsidiaries (collectively referred to as "FMI") the FMI trial software ("Trial Software") and you agree to use the Trial Software solely in accordance with the terms of this License.
Please be aware that this Trial Software may be programmed to cease functioning on a certain date.
1. License Grant. This Trial Software is licensed, not sold, to you by FMI for use only under the terms of this License, and FMI reserves any rights not expressly granted to you. Subject to all the terms and conditions of this License, FMI grants you a nonexclusive, nontransferable license to use the Trial Software on a single computer. To "use" the Trial Software means that the Trial Software is either loaded in the temporary memory (i.e. RAM) of a computer or installed on the permanent memory of a computer (i.e., hard disk, CD ROM, etc.). You may make one (1) copy of the Trial Software in machine readable form solely for backup purposes. You must reproduce on each copy any copyright or other proprietary notices that were on the original copy supplied by FMI.
2. Restrictions.
(a) The Trial Software contains trade secrets and, to protect them, you may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE TRIAL SOFTWARE TO ANY HUMAN PERCEIVABLE FORM EXCEPT AS PERMITTED UNDER APPLICABLE LAW. YOU MANY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT OR CREATE DERIVATIVE WORKS BASED UPON THE TRIAL SOFTWARE OR ANY PART THEREOF.
(b) THE TRIAL SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, AIR TRAFFIC CONTROL, OR OTHER ENVIRONMENTS IN WHICH THE FAILURE OF THE TRIAL SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
(c) Notwithstanding any other terms in this License, you may not use the Trial Software with a client or guest which substantially duplicates the capabilities of FileMaker Pro or, in the reasonable opinion of FMI, competes with FileMaker Pro. Furthermore, runtime versions of FileMaker Pro developed with developer versions of FileMaker Pro (FileMaker Pro Developer Edition or FileMaker Developer) may not be guests of the Trial Software.
3. Termination. This License is effective until terminated. This License will terminate immediately without notice from FMI or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Trial Software, any accompanying written materials and all copies thereof, and Sections 5, 6 and 7 will survive any termination.
4. Export Law Assurances. You may not use or otherwise export or reexport the Trial Software except as authorized by United States laws and the laws of the jurisdiction in which the Trial Software was obtained. In particular, but without limitation, the Trial Software may not be exported or reexported (i) into (or to a national or resident of ) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Trial Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
5. Warranty Disclaimer. YOU ACKNOWLEDGE THAT THE TRIAL SOFTWARE MAY NOT SATISFY YOUR REQUIREMENTS OR BE FREE FROM DEFECTS. THE TRIAL SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND FMI AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE TRIAL SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER AND THE LIMITED WARRANTY UNDER THIS SECTION 5 DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE TRIAL SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY FMI'S NEGLIGENCE.
6. Limitation of Remedies and Damages. In no event will FMI, its parent or subsidiaries or any of the licensors, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use of or inability to use the Trial Software or accompanying written materials, regardless of the basis of the claim and even if FMI or a FMI representative has been advised of the possibility of such damage. FMI's liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of $1,000 (U.S.) or the money paid for the Trial Software that caused the damages.
THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY CAUSED BY FMI'S NEGLIGENCE ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. General. If there is a local subsidiary of FMI in the country in which this License was purchased, then the local law in which the subsidiary sits shall govern this License. Otherwise, this License shall be governed by the laws of the United States and the State of California. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980), as amended, is specifically excluded from application to this License. This License constitutes the entire agreement between you and FMI concerning the subject matter, and any proposals for additional or different terms, including but not limited to the terms set forth in any purchase order, are hereby rejected. Any waiver or amendment of any provision of this License shall be effective only if in writing and signed by both you and FMI. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. If the Trial Software is supplied to the United States Government, the Trial Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the Trial Software are as provided in clause 52.227-19 of the FAR.
