Please read this agreement to be entered into by you ("Recipient") and Firehand Technologies Corporation ("Firehand") in its entirety. Installation and/or use of this Software Demonstration Product ("Demo") is contingent on your acceptance of the following terms. If you do not agree to the following terms, you may not install and/or use this product. If you proceed with the installation and/or use of this product, you are affirming that you have read and understood this agreement and that you agree to be bound by it.
1. GRANT OF LICENSE TO USE DEMO
Recipient is hereby granted a limited, non-exclusive, nontransferable, royalty-free license to use the Demo without charge for an evaluation period ("Evaluation Period") which shall in no event exceed 30 days.
2. GRANT OF LICENSE TO DUPLICATE AND DISTRIBUTE DEMO
Recipient is hereby granted a limited, non-exclusive, nontransferable, royalty-free license to duplicate and distribute the Demo, subject to the following conditions: that all copies distributed by Recipient be "exact copies" of an original Demo supplied by Firehand; that there be no charge or request for donations for any Demo distributed by Recipient.
3. LIMITATIONS ON LICENSE
All other rights not specifically granted under the previous sections of this Agreement are reserved to Firehand. Firehand shall retain title and all ownership rights to the Demo. Recipient is specifically prohibited from reverse engineering, decompiling, disassembling, or modifying in any way the Demo, or assisting others in doing so.
5. PRODUCT MAINTENANCE
Firehand is not obligated to provide maintenance or updates of the Demo to Recipient. However, any maintenance or updates provided by Firehand shall be covered by this Agreement.
6. DISCLAIMER OF WARRANTY
DEMO IS DEEMED ACCEPTED BY RECIPIENT. DEMO IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIREHAND FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE DEMO REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIREHAND BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE DEMO, EVEN IF FIREHAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GOVERNING LAW; ATTORNEYS FEES
This Agreement shall be governed by the laws of the State of Oklahoma in the United States of America and Recipient consents to jurisdiction by the state and United States federal courts sitting in the State of Oklahoma. Further, Recipient specifically agrees that exclusive venue for any disputes arising out of this Agreement shall be courts sitting in the State of Oklahoma. If Firehand employs attorneys to enforce any rights arising out of or relating to this Agreement, and prevails against Recipient, Firehand shall be entitled to recover reasonable attorneys' fees from Recipient.
8. SEVERABILITY
If, but only to the extent that, any provision of this Agreement is declared or found to be illegal, unenforceable or void, then both Recipient and Firehand shall be relieved of all obligations arising under such provision, it being the intent and agreement of the parties that this Agreement shall be deemed amended by modifying such provision to the extent necessary to make it legal and enforceable while preserving its intent. If such amendment is not possible, another provision that is legal and enforceable and achieves the same objective shall be substituted therefor. If the remainder of this Agreement is not affected by such declaration or finding and is capable of substantial performance by both parties, then the remainder shall be enforced to the extent permitted by law.
9. ENTIRE AGREEMENT
This Agreement constitutes the complete and exclusive agreement between Firehand and Recipient with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in a writing duly signed by an authorized representative of Firehand and Recipient.
