This is an Agreement between you (hereinafter called "you" or the "LICENCEE"), and NetShift Software Ltd (hereinafter called "NetShift"). Redistribution of this product is not permitted.
By clicking on the "Yes" button, or opening the package, you consent to be bound by the terms of this Agreement, which includes the EVALUATION SOFTWARE LICENCE, Limited Warranty and Acknowledgement. If you do not consent to all the terms of this Agreement, click on the "No" button and the installation will not take place.
In order to preserve and protect its rights under applicable laws, NetShift does not sell, transfer or lend any rights in NetShift software. Rather, NetShift grants you the right to use NetShift software by means of an Evaluation software LICENCE. NetShift specifically retains title to this software , excluding any software which may form part of a separate agreement outside of the scope of this Agreement.
EVALUATION SOFTWARE LICENCE
Grant of LICENCE
In consideration of the usage of the software in this package, you agree to abide by the terms and conditions of this LICENCE and the Limited Warranty. NetShift Software, as LICENSOR, grants to you, the LICENCEE, a non-exclusive right to use and display this copy of a NetShift Software Evaluation software programme (hereinafter called the "SOFTWARE") on the computer, or number of computers as indicated on this LICENCE, at a single location so long as you comply with the terms of this LICENCE. NetShift reserves all rights not expressly granted to LICENCEE.
NetShift grants you a non-exclusive LICENCE to use the SOFTWARE free of charge if your use of the SOFTWARE is for the purpose of evaluating whether to purchase a commercial version of the SOFTWARE. The evaluation period for use by or on behalf of a commercial entity is limited to 30 days; evaluation use by others is not subject to this 30 day limit. Government agencies (other than public libraries) are not considered as commercial organisations for the purpose of this Agreement. If you are using the SOFTWARE free of charge, it does not entitle you to hard-copy documentation, telephone or other support.
If the SOFTWARE has been provided and configured for use on a network, you may install and use the SOFTWARE on a single file server for use on a single Local Area Network.
Ownership of Software
As the LICENCEE, you own the magnetic or other physical media on which the SOFTWARE is originally or subsequently recorded or fixed, but an express condition of this LICENCE is that NetShift retains title and ownership of the SOFTWARE recorded on the original disk copy(ies) and all subsequent copies of the SOFTWARE, regardless of the form or media in or on which the original and other copies may exist. This LICENCE is not a sale of the original SOFTWARE or any copy.
Copyright and Copy Restrictions
This SOFTWARE and any accompanying written materials are the intellectual property of NetShift and as such are protected by the United Kingdom of Great Britain and Northern Ireland Copyright law, international treaty provisions, and applicable laws in the country in which the SOFTWARE is used. The SOFTWARE structure, code and organisation are the confidential information of NetShift and the LICENCEE agrees to use at least that degree of care which it uses to protect its own information of a similar proprietary nature. Trademarks shall be used in accordance with accepted trademark practice, including the identification of the trademark owner's name. Unauthorised copying of the SOFTWARE, including SOFTWARE which has been modified, merged or included with other software, and/or unauthorised copying of the written materials is expressly forbidden. The LICENCEE may be held legally responsible for any copyright infringement which is caused or encouraged by your failure to abide by the terms of this LICENCE.
Subject to the restrictions above, and if the SOFTWARE is not copy protected, you may make one (1) copy of the SOFTWARE solely for backup purposes. You must reproduce and include the copyright notice on the backup copy.
Use Restrictions
As the LICENCEE, you may physically distribute the SOFTWARE from one computer to another. You may not electronically distribute the SOFTWARE from one computer to another over a network, including the Internet or any Intranet. You may not distribute copies of the SOFTWARE or other accompanying materials to others. You may not modify or adapt the SOFTWARE in any way. You may not translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the SOFTWARE. You may not modify, adapt, translate, or create derivative works based on any written materials. You may not remove any proprietary notices, legends or labels on the SOFTWARE.
Transfer Restrictions
This SOFTWARE is licensed only to you, the LICENCEE, and may not be transferred to anyone. In no event may you transfer, assign, rent, lease, sell or otherwise dispose of the SOFTWARE on a temporary or permanent basis except as expressly provided herein.
Export
This Agreement will not be covered by the United Nations Convention on Contracts for the International Sale of Goods, the Uniform Law on the Formation of Agreements for the International Sale of Goods, or the Uniform Law on the International Sale of Goods, or any law, rule or regulation of any jurisdiction based on any of the foregoing, and the application of the foregoing is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable, according to its terms. You agree that the SOFTWARE will not be shipped, transferred or exported into any country or used in any manner prohibited by the United Kingdom Export Administration Acts, or by the United States of America (USA) Department of Commerce Table of Denial Orders, the USA Treasury Department's list of Specially Designated Nationals, or any other export laws, restrictions or regulations.
Use of the SOFTWARE in High-Risk Installations
The SOFTWARE is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of communication systems, air traffic control, direct life support machines, nuclear facilities, aircraft navigation, or weapons systems, in which the failure of the SOFTWARE could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Installations"). NetShift specifically disclaims any express or implied warranty of fitness for High Risk Installations.
LIMITED WARRANTY AND DISCLAIMERS OF WARRANTY
Free of charge, or Evaluation SOFTWARE is provided on an "As Is" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the SOFTWARE is borne by you. Should the SOFTWARE prove defective, you and not NetShift Software assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of this Agreement. No oral or written information given by NetShift, its distributors, resellers, agents, dealers or OEMs shall create a warranty or in any way increase the scope of this warranty, and you may not rely on any such information or advice. This warranty shall only be effective if the LICENCEE has accepted these terms in full.
Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.
NEITHER NETSHIFT NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE SHALL BE LIABLE FOR DIRECT, INDIRECT, CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF NETSHIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer.
This Limited Warranty shall be governed and construed in accordance with the laws of England.
ACKNOWLEDGEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENCE AND LIMITED WARRANTY, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. YOU ALSO AGREE THAT THE LICENCE AND LIMITED WARRANTY ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDE ANY PROPOSALS OR PRIOR AGREEMENTS, ORAL AND/OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE LICENCE OR THE LIMITED WARRANTY.
EVALUATION SOFTWARE LICENCE AGREEMENT
If you have any questions regarding this Agreement, or if you wish to obtain further information on other NetShift products, contact NetShift Software Ltd, 14 Hughenden Yard, Marlborough, Wiltshire, SN8 1LT, UK. Web site www.netshift.com Email info@netshift.com
