You should read this License Agreement carefully and only accept its terms if you understand and agree with them. If you accept and agree with all of them, you should click on the "Yes" button below. If you do not agree to all of these terms and conditions, do not click on the "Yes" button below, in which case you will not be able to proceed with the installation of the Product."
Important Notice Regarding Home Edition Users
EVEREST Home Edition is free for personal and for non-commercial use only. All Home Edition users must register with Lavalys. It is strictly illegal to use EVEREST Home Edition in academic, government or non-profit organizations but it is permissible to license or OEM the product. For more information, please contact licensing@lavalys.com.
LAVALYS END USER LICENSE AGREEMENT
ATTENTION: THIS IS A LICENSE, NOT A SALE. THIS PRODUCT IS PROVIDED UNDER THE FOLLOWING END USER LICENSE AGREEMENT ("EULA") AND ALL APPLICABLE ADDENDA ("LICENSE") WHICH DEFINE WHAT YOU MAY DO WITH THE PRODUCT AND CONTAIN LIMITATIONS ON WARRANTIES AND/OR REMEDIES. THIS LICENSE IS GRANTED BY LAVALYS ("Lavalys") AND INCLUDES THE FOLLOWING:
1. General License Agreement
2. Lavalys Guidelines for the Use of Lavalys products
3. Trial Version Addendum to the General License Agreement
4. Academic Version Addendum to the General License Agreement
5. OEM Version Addendum to the General License Agreement
6. SDK Addendum to the General License Agreement
7. Beta Version Addendum to the General License Agreement
IF YOU ARE DOWNLOADING THIS PRODUCT:
(i) you certify that you are not a minor and that you agree to be bound by all of the terms and conditions set out in this License. Downloading and/or using the Product will be an irrevocable acceptance of the terms and conditions of the License;
(ii) you agree to be responsible for any and all internet service provider fees, telecommunication and other charges that may apply as a result of your download of the Product; and
(iii) you represent and warrant to Lavalys, if you are accepting on behalf of a company, or other legal entity, that you have full authority to bind such entity.
IF YOU DO NOT AGREE WITH THE ABOVE, DO NOT DOWNLOAD THIS PRODUCT
1. GENERAL LICENSE AGREEMENT
IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO BE BOUND BY AND COMPLY WITH ITS TERMS. IF YOU DO NOT AGREE AND THIS PRODUCT IS TANGIBLE STORAGE MEDIA (i.e. CD), RETURN THE COMPLETE PRODUCT TO LAVALYS CUSTOMER SERVICE, 192 FLEUR DE LYS, LAVAL, QUEBEC, CANADA, H7G 2K7, WITHIN TEN (10) DAYS OF THE DATE YOU ACQUIRED IT FOR A FULL REFUND. THIS EULA IS YOUR PROOF OF LICENSE. PLEASE TREAT IT AS VALUABLE PROPERTY.
1.1 LICENSE:
LAVALYS ("we" or "us") provides you with a computer program, computer software, including its code, objects including their APIs as well as any images, photographs, templates, animations, video, audio, music, text and "applets" incorporated into the software, the accompanying printed materials, a License, and "online" or electronic documentation (together called the "Product") and we grant you a License to use the Product in accordance with the terms of this License. Any supplemental software code and supporting materials provided to you as part of support services provided by Lavalys for the Product shall be considered part of the Product and subject to the terms and conditions of this License. The copyright and all other rights to the Product shall remain with us or our licensors. You must reproduce any copyright or other notice(s) marked on the Product on all copies you make.
1.2 YOU MAY:
(i) install and use one copy of the Product on a single computer. You may also make and use a second copy of the Product on a home or portable computer provided that copy is never loaded in the RAM of the home or portable computer at the same time it is loaded in the RAM of the primary computer;
(ii) also store or install a copy of the Product on a storage device, such as a network server, used only to install or run the Product on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the Product is installed or run from the storage device. A license for the Product may not be shared or used concurrently on different computers;
(iii) make one copy of the Product for archive or backup purposes;
(iv) except in the case of Academic and OEM edition Products which are non-transferable (see Academic Version Addendum and OEM Version Addendum to this License), transfer the Product to someone else only if you assign all of your rights under this License, cease all use of the Product, erase or destroy any copy (including the hard disk copy) made in support of your use of the Product, and ensure that the person to whom you wish to transfer the Product agrees to the terms of this License;
(v) if you have purchased this Product as an upgrade of either a Lavalys product or another vendor's product, you may continue to use your upgraded product with this Product. If you transfer this Product, you must either transfer the upgraded product at the same time you transfer the Product or destroy the upgraded product at the same time you transfer the Product. If the Product you have purchased is an upgrade of a Lavalys product, you now may use that upgraded product only in accordance with this License; and
(vi) use only one (1) of the language versions if the Product provides you with a selection of multiple language versions.
1.3 YOU MAY NOT:
(i) use the Product or make copies of it except as permitted in this License;
(ii) translate, reverse engineer, decompile, or disassemble the Product except to the extent the foregoing restriction is expressly prohibited by applicable law;
(iii) rent, lease, assign, or transfer the Product except as set out in Section 1.2 above;
(iv) modify the Product or merge all or any part of the Product with another program;
(v) redistribute any files included with the Product;
(vi) separate the component parts of the Product for use on more than one computer; and if this Product is OEM:
(vii) use or copy the Product if you received the Product as a standalone. The Product must be purchased in conjunction with the Lavalys approved partner products or services described in the Warning located on the Product storage media.
1.4 UNISYS TECHNOLOGY LIMITATION:
(i) Lavalys products that provide PDF and/or TIFF-LZW and/or GIF and/or Postscript-LZW and/or LZW graphics capability utilize technology covered by U.S. Patent No. 4,558,302, and all foreign counterparts ("Unisys Patent"). The License granted to you hereunder permits you to use the Unisys Patent in conjunction with your use of this Product only. Use of any other product or the performance of any other activity involving the compression/decompression technology covered by the Unisys Patent requires a separate license from Unisys Corporation.
(ii) This Lavalys software may include cryptographic software developed by the OpenSSL Project for use in the OpenSSL Toolkit. For more information, please visit: http://www.openssl.org/
1.5 PRODUCT PATCH, PLUG OR UPDATE
If this is a patch, plug, update or other file located at this site (if you are downloading from the Web) or contained on this storage media (if you are receiving software on CD-ROM) (the "Software"), the Software is designed for use with a Lavalys application software product (the "Original Application") and is subject to Lavalys' Limitations of Warranties and Liability (as set out in Section 1.8) and Eligibility provisions (as set out in Section 1.11), as applicable. You are granted a non-exclusive license to use such Software only with the Original Application provided that you still possess a valid license from Lavalys for the Original Application. Except as provided below, the Software is subject to the terms and conditions of the License from Lavalys accompanying the Original Application. If you are downloading this Software, all risk of damage to the Software during transmission and download is assumed by you.
1.6 TERM:
This License shall remain in effect only for so long as you are in compliance with the terms and conditions of this License. This License will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Product. The Limitations of Warranties and Liability set out below shall continue in force even after any termination. If you have purchased this product as part of the Student Campus Reward Option for Learning (SCROL) Program, you are bound by the conditions as stated in Section 4.2 herein.
1.7 WARRANTY:
IF THIS PRODUCT IS TANGIBLE STORAGE MEDIA (i.e. CD) LAVALYS WARRANTS THAT THIS PRODUCT WILL BE FREE FROM DEFECT IN MATERIALS AND WORKMANSHIP FOR NINETY (90) DAYS FROM THE DATE YOU ACQUIRE IT. IF SUCH A DEFECT OCCURS, RETURN THE MEDIA TO US AT, LAVALYS CUSTOMER SERVICE, 192 FLEUR DE LYS, LAVAL, QUEBEC, CANADA, H7G 2K7, AND WE WILL REPLACE IT FREE OF CHARGE. THIS REMEDY IS YOUR EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY. IT GIVES YOU CERTAIN RIGHTS AND YOU MAY HAVE OTHER LEGISLATED RIGHTS WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.
1.8 LIMITATION OF WARRANTIES AND LIABILITY:
EXCEPT FOR THE EXPRESS WARRANTY ABOVE, THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. NEITHER LAVALYS NOR ITS DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
1.9 U.S. GOVERNMENT RIGHTS:
The Product under this License is "commercial computer software" as that term is described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this License as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulations ("FAR") and its successors. If acquired by or on behalf of any agency within the Department of Defense ("DOD"), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this License as specified in 48 C.F.R. 227.7202 of the DOD FAR Supplement ("DFAR") and its successors.
1.10 EXPORT CONTROLS:
If the Product is identified as a not-for-export product (for example, on the box, media or in the installation process), then, unless you have exemption from the United States Department of Commerce or other regulatory authority as designated from time to time the following applies: EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN CITIZENS, THE PROGRAM MAY NOT BE EXPORTED OUTSIDE OF THE UNITED STATES OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY THE U.S. GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES. BY AGREEING TO THE TERMS OF THIS LICENSE YOU ARE WARRANTING TO LAVALYS THAT YOU ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A "FOREIGN PERSON".
1.11 ELIGIBILITY:
If you are downloading this Product from the Web, to be eligible to download the Product you must be in compliance with applicable export laws. By accepting the EULA you are representing and warranting to Lavalys you are compliant with the following statements: (i) you are not a citizen, national or resident of, and are not under the control of, the government of: Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, Serbia, Taliban-controlled areas of Afghanistan, nor any other country to which the United States has prohibited export; (ii) you will not download or otherwise export or re-export the Product, directly or indirectly, to the countries mentioned in clause (i) nor to citizens, nationals or residents of those countries; (iii) you are not listed in the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders; (iv) you will not download or otherwise export or re-export the Product, directly or indirectly, to persons on the lists mentioned in clause (iii); and (v) you will not use the Product for, and will not allow the Product to be used for, any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
If you cannot represent and warrant that you are in compliance with the above statements, you are not eligible to download the Product.
1.12 GENERAL:
This License is the entire agreement between us, superseding any other agreement or discussions, oral or written other than a separate, valid and existing license agreement entered into between you and Lavalys or any of its subsidiaries of affiliates (the "Other License") in which case that Other License governs to the extent of any inconsistency between this License and that Other License, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, unless there is an Other License, in which case the choice of law specified in that Other License shall prevail, excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect. The parties have requested that this Agreement and all documents contemplated hereby be drawn up in English. Les parties aux prΘsentes ont exigΘ que cette entente et tous autres documents envisagΘs par les prΘsentes soient rΘdigΘs en anglais.
2. Lavalys GUIDELINES FOR THE USE OF STOCK PHOTO IMAGES:
Lavalys products contain numerous photo images (collectively referred to as the "Images") which are either owned by Lavalys or licensed from a third-party. As a user of Lavalys products you are free to use, modify and publish the Images as you wish subject to the restrictions set out below. If you are uncertain as to whether your intended use is in compliance with the Guidelines set out below, we recommend that you seek the advice of your own attorney or legal counsel. Lavalys will not provide you with an opinion as to whether your use is in compliance with these Guidelines.
2.1 YOU MAY, subject to any restrictions set out below:
(i) incorporate any Image(s) into your own original work and publish, display and distribute your work in any media; provided you include a copyright notice in your work reflecting on the copyright ownership of both you and Lavalys as follows:
"Copyright (c) 20__ [your name] and its licensors. All rights reserved."
You may not, however, resell, sublicense or otherwise make available the Image(s) for use or distribution separately or detached from a product or web page. For example, the Image(s) may be used as part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by others. Similarly, clients may be provided with copies of the Image(s) (including digital files) as an integral part of a work product, but may not be provided with the Image(s) or permitted to use the Image(s) separately or as part of any other product; and
(ii) make one (1) copy of the Image(s) for backup or archival purposes.
2.2 YOU MAY NOT:
(i) create scandalous, obscene, defamatory or immoral works using the Image(s) nor use the Image(s) for any other purpose which is prohibited by law;
(ii) use or permit the use of the Image(s) or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof;
(iii) use any of the Images related to identifiable individuals or entities for any commercial purpose or in a manner which suggests their association with or endorsement of any product or service;
(iv) use the Image(s) in electronic format, on-line or in multimedia applications unless the Image(s) are incorporated for viewing purposes only and no permission is given to download and/or save the Image(s) for any reason.
(v) rent, lease, sublicense or lend the Image(s), or a copy thereof, to another person or legal entity. You may, however, transfer all your License to use the Image(s) to another person or legal entity, provided that (i) you transfer the Image(s) and this License, including all copies (except copies incorporated into your work product as permitted under this License), to such person or entity, (ii) that you retain no copies, including copies stored on a computer or other storage device, and (iii) the receiving party agrees to be bound by the terms and conditions of this License; and
(vi) use any Image(s) except as expressly permitted by this License.
2.3 GOVERNMENT CRESTS, SEALS AND OTHER INSIGNIA
The national and municipal insignia contained in this product are protected by various laws against misuse. Generally speaking, all logos, insignia, patches, seals, flags and coats of arms are for official use only. It is your responsibility to obey all national and international laws regulating display of the insignia, seals, flags and coats of arms contained herein.
3. TRIAL VERSION ADDENDUM TO THE GENERAL LICENSE AGREEMENT:
IF THIS PRODUCT IS IDENTIFIED AS A TRIAL VERSION, YOUR USE OF THE TRIAL VERSION PRODUCT IS GOVERNED BY THE TERMS OF THE GENERAL LICENSE AGREEMENT AS MODIFIED BY THE TERMS OF THIS TRIAL VERSION ADDENDUM. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THE GENERAL LICENSE AGREEMENT AND THIS TRIAL VERSION ADDENDUM, THE TERMS OF THE TRIAL VERSION ADDENDUM SHALL GOVERN.
THE PRODUCT IS A 30 DAY TRIAL VERSION ONLY AND WILL BECOME INOPERABLE 30 DAYS AFTER YOU LAUNCH THE PROGRAM. AFTER THIS DATE, YOU WILL NOT BE ABLE TO ACCESS ANY FILES CREATED WITH THIS TRIAL VERSION UNLESS YOU HAVE INSTALLED A RETAIL VERSION OF THE PRODUCT.
THIS TRIAL VERSION WILL BE BECOME COMPLETELY INOPERABLE ON JULY 30, 2004, REGARDLESS OF THE DATE YOU LAUNCH THE PROGRAM.
THIS TRIAL VERSION CONTAINS A LIMITED NUMBER OF MAJOR MODULE(S) INCLUDED IN THE RETAIL VERSION OF THE PRODUCT AND THESE ARE THE ONLY MODULE(S) YOU WILL BE ABLE TO INSTALL. EXTRA VALUE COMPONENTS AND APPLICATIONS OF THE RETAIL VERSION OF THE PRODUCT ARE NOT INCLUDED. ALL REFERENCES TO OTHER APPLICATIONS, EXTRA LIBRARIES OR OTHER CD-ROMS THAT MAY APPEAR IN THIS TRIAL VERSION OF THE PRODUCT ARE NOT APPLICABLE.
YOU ARE GRANTED A LICENSE TO USE THE TRIAL VERSION OF THE PRODUCT ONLY. SUCH LICENSE SHALL CONTINUE FOR THE PERIOD SET OUT ABOVE, AFTER WHICH TIME YOUR LICENSE TO USE THE TRIAL VERSION SHALL TERMINATE.
ANY ATTEMPT TO CIRCUMVENT ANY EXPIRY DATE TECHNOLOGY/TIME BOMB MECHANISM OR OTHER MECHANISM CONTAINED WITHIN THE SOFTWARE WHICH IS INTENDED TO LIMIT YOUR ABILITY TO USE THE SOFTWARE TO A SPECIFIED PERIOD IS A VIOLATION OF THIS LICENSE. ANY ATTEMPT TO CIRCUMVENT ANY SUCH EXPIRY DATE TECHNOLOGY/TIME BOMB MECHANISM SHALL RESULT IN THE IMMEDIATE TERMINATION OF YOUR LICENSE TO USE THE SOFTWARE.
4. ACADEMIC EDITION ADDENDUM TO THE GENERAL LICENSE AGREEMENT:
4.1 IF THIS PRODUCT IS IDENTIFIED AS AN ACADEMIC EDITION, YOUR USE OF THIS PRODUCT IS GOVERNED BY THE TERMS OF THE GENERAL LICENSE AGREEMENT AS MODIFIED BY THE TERMS OF THIS ACADEMIC EDITION ADDENDUM TO THE GENERAL LICENSE AGREEMENT. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THE GENERAL LICENSE AGREEMENT AND THIS ACADEMIC EDITION ADDENDUM, THE TERMS OF THIS ACADEMIC ADDENDUM TO THE GENERAL LICENSE AGREEMENT SHALL GOVERN.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN GENERAL LICENSE AGREEMENT, YOU MAY NOT TRANSFER OR ASSIGN THE PRODUCT OR ANY COPY THEREOF, OR YOUR LICENSE TO USE THE PRODUCT TO A THIRD PARTY.
4.2 If you have purchased this Product as part of the Student Campus Reward Option for Learning (SCROL) Program, Section 1.6 of the License shall be deleted and replaced with the following:
1.6 TERM: This License shall remain in effect only for so long as you are a registered full-time student or a faculty member at an accredited higher education institution. This License shall terminate in the event you are no longer a registered full-time student or a faculty member at an accredited higher education institution. For the purposes of this License, "accredited higher education institution" shall mean either a publicly or privately owned vocational or correspondence school; junior college; college; university or scientific or technical institute recognized by the appropriate ministry or department of education. In addition this License will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Product. The Limitations of Warranties and Liability set out in Section 1.8 shall continue in force even after any termination.
5. OEM EDITION ADDENDUM TO THE GENERAL LICENSE AGREEMENT:
OEM PRODUCT IS SOLD UNDER LICENSE IN CONJUNCTION WITH Lavalys APPROVED PARTNER PRODUCTS OR SERVICES WHICH ARE DESCRIBED IN THE WARNING LOCATED ON THE STORAGE MEDIA. IF THIS PRODUCT IS IDENTIFIED AS AN OEM EDITION, YOUR USE OF THIS PRODUCT IS GOVERNED BY THE TERMS OF THE GENERAL LICENSE AGREEMENT AS MODIFIED BY THE TERMS OF THIS OEM EDITION ADDENDUM TO THE GENERAL LICENSE AGREEMENT. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THE GENERAL LICENSE AGREEMENT AND THIS OEM EDITION ADDENDUM, THE TERMS OF THIS OEM ADDENDUM TO THE GENERAL LICENSE AGREEMENT SHALL GOVERN.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE GENERAL LICENSE AGREEMENT, YOU MAY NOT TRANSFER OR ASSIGN THE PRODUCT OR ANY COPY THEREOF, OR YOUR LICENSE TO USE THE PRODUCT TO A THIRD PARTY.
6. SDK ADDENDUM TO THE GENERAL LICENSE AGREEMENT:
IF THIS PRODUCT CONTAINS A Lavalys SOFTWARE DEVELOPER'S TOOLKIT ("SDK"), YOUR USE OF THE SDK PORTION OF THE PRODUCT IS GOVERNED BY THE TERMS OF THE GENERAL LICENSE AGREEMENT AS MODIFIED BY THE TERMS OF THIS SDK ADDENDUM TO THE GENERAL LICENSE AGREEMENT. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THE GENERAL LICENSE AGREEMENT AND THIS SDK ADDENDUM, THE TERMS OF THIS SDK ADDENDUM TO THE GENERAL LICENSE AGREEMENT SHALL GOVERN.
It is Lavalys' intention in designing the Software Developer's Kit to make it compatible with other versions of the Software Developer's Kit. However, since it is constantly being modified and reorganized, with certain capabilities added to or eliminated from any particular version or product, Lavalys makes no representations or warranties concerning compatibility with other versions or products.
You are solely responsible for determining the usefulness of the Software Developer's Kit for your particular purpose. The Software Developer's Kit is provided to software developers with the expectation that the developers are capable of writing and debugging their own programs; Lavalys does not assume any support obligations with respect to the Software Developer's Kit or the use thereof. Any research, development, or evaluations you perform is done entirely at your own risk.
6.1 YOU MAY:
(i) use the SDK solely for the purpose of developing, manufacturing, marketing and supporting one or more applications software package(s) ("Software Application Product"); and
(ii) reproduce and sublicense the software program files included in the SDK's 'Redistributables' folder ("SDK files"), provided the files are in executable format and incorporated into a Software Application Product developed by you. Any sublicense of the SDK files shall be granted solely for the use of these SDK files in connection with and as a sublicensed part of a Software Application Product for any support, service, upgrades or other assistance.
6.2 YOU MAY NOT:
(i) remove or alter any copyright notice, trademark, or other proprietary rights notice placed by Lavalys on the SDK or any portion thereof.
6.3 INDEMNIFICATION: You agree to indemnify and hold Lavalys harmless from and against any and all costs, liabilities, claims, or demands (including reasonable attorney's fees and expenses of any kind whatsoever) that arise or result from the use, reproduction or distribution of your Software Application Product, documentation, or promotional or sales materials.
6.4 Lavalys TRADEMARKS AND "TRADE-NAMES": You may not refer to Lavalys or include any Lavalys trademarks in or on any material except for the sole purpose of stating that a Software Application Product may be utilized in connection with the specific Lavalys software product. In the event you refer to Lavalys or include the trademarks in or on any program materials or any packaging, marketing, or advertising materials, the trade name or trademarks must be accompanied with the following footnote disclaimer printed in a clearly legible manner on the same page in no smaller than ten-point type:
"This product is not manufactured, approved, or supported by Lavalys Corporation."
7. BETA VERSION ADDENDUM TO THE GENERAL LICENSE AGREEMENT:
IF THIS PRODUCT IS IDENTIFIED AS A BETA VERSION, YOUR USE OF THIS PRODUCT IS GOVERNED BY THE TERMS OF THE GENERAL LICENSE AGREEMENT AS MODIFIED BY THE TERMS OF THIS BETA VERSION ADDENDUM TO THE GENERAL LICENSE AGREEMENT. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THE GENERAL LICENSE AGREEMENT AND THIS BETA VERSION ADDENDUM, THE TERMS OF THIS BETA VERSION ADDENDUM TO THE GENERAL LICENSE AGREEMENT SHALL GOVERN. IN THE EVENT THAT YOU ARE AN AUTHORIZED Lavalys BETA TEST SITE AND HAVE BEEN AUTHORIZED TO TEST A BETA VERSION PRODUCT THAT HAS NOT BEEN MADE PUBLICLY AVAILABLE BY Lavalys, YOUR USE OF THE BETA VERSION PRODUCT SHALL BE GOVERNED BY THE TERMS OF THE BETA TEST SITE LICENSE AGREEMENT ENTERED INTO BETWEEN Lavalys AND YOURSELF AND THE PROVISIONS SET OUT BELOW SHALL NOT APPLY.
7.1 LICENSE GRANT: Lavalys grants to you a non-exclusive license to use the Product for evaluation and trial purposes only for a limited time. This license does not entitle you to hard-copy documentation, support or telephone assistance. While Lavalys intends to distribute a commercial release of the Product, Lavalys reserves the right at any time not to release a commercial release of the Product or, if released, to alter prices, features, licensing terms, or other characteristics of the commercial release.
7.2 TERMINATION: The license granted under this Beta Addendum will terminate thirty (30) days following Lavalys' release of a commercial release of the Product. The license will terminate automatically if you fail to comply with the limitations described herein. You must destroy all copies of the Product upon termination.
7.3 DISCLAIMER OF WARRANTIES: USER ACKNOWLEDGES THAT THE PRODUCT IS A PRE-RELEASE PRODUCT AND IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY. THE PRODUCT MAY CONTAIN BUGS, ERRORS AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES OR MAY NOT PERFORM ALL FUNCTIONS FOR WHICH IT IS INTENDED OR REPRESENTED AND THE USE OF THE PRODUCT IS ENTIRELY AT THE USER'S RISK. THIS DISCLAIMER IS IN LIEU OF ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW OR OTHERWISE, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
For more information, please contact Lavalys Customer Service.
