THIS IS A LEGAL AGREEMENT BETWEEN YOU (or "Customer") AND VERITY, INC. ("Verity"). READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ATTEMPTING TO DOWNLOAD THE EVALUATION COPY OF THE SOFTWARE ("SOFTWARE"). YOUR ACKNOWLEDGMENT OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AND YOUR USE OF THE SOFTWARE CONSTITUTES YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT. BY DOWNLOADING THIS SOFTWARE YOU REPRESENT THAT YOU ARE NOT LOCATED IN, UNDER THE CONTROL OF, OR A NATIONAL RESIDENT OF ANY COUNTRY TO WHICH THE UNITED STATES HAS EMBARGOED GOODS, ARE NOT ON THE U. S. TREASURY DEPARTMENT'S LIST OF SPECIALLY DESIGNATED NATIONALS OR ARE NOT ON THE U. S. COMMERCE DEPARTMENT'S TABLE OF DENIAL ORDERS. IF YOU DO NOT HAVE AUTHORITY TO ACCEPT IT, IT IS YOUR OBLIGATION TO ENSURE THAT AN AUTHORIZED INDIVIDUAL MAKES THE DETERMINATION. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, SIGNIFY BY CHOOSING "DISAGREE" AND YOU WILL BE RETURNED TO THE KEYVIEW DOWNLOAD PAGE AND THE SOFTWARE WILL NOT BE DOWNLOADED. USE OF THE SOFTWARE IS LIMITED TO THIRTY (30) DAYS FROM THE DATE OF INSTALLATION.
1. Verity grants the Customer a temporary, non-transferable license to use the Software hereunder, including any related documentation, internally solely for testing and evaluation purposes, and not for the support of any of its end-users, for thirty (30) days from the date of delivery to Customer ("Evaluation Period"). Your use of the Software is limited to the thirty (30) day Evaluation Period.
Customer's continued use of the Software is subject to the parties' execution of a separate software use license agreement.
2. Title to, ownership of all applicable rights in patents, copyrights, trade secrets and other intellectual property in Software and any copy shall remain with Verity or its suppliers. Customer acknowledges that no title to the intellectual property in the Software is transferred to Customer.
3. The Customer shall not transfer, sublicense, copy, reverse engineer, decompile, disassemble, translate or otherwise alter the Software without the written consent of Verity or distribute any copies of the Software to any entity, country or destination prohibited by the United States Government.
4. Customer acknowledges the Software is proprietary and confidential to Verity. Customer agrees to maintain strict confidentiality concerning all aspects of the Software with respect to all third parties, including benchmark results, application specific results and observations regarding the Software's quality, performance and features.
5. CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT THE SOFTWARE PROVIDED HEREUNDER SHALL DEACTIVATE AT THE END OF THE THIRTY (30) DAY EVALUATION PERIOD.
6. THE SOFTWARE IS PROVIDED "AS IS" AND VERITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VERITY DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION OR IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS.
7. IN NO EVENT SHALL VERITY BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF INCOME, DATA, USE OR INFORMATION, EVEN IF VERITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. The license grant of Section 1 will automatically terminate without notice in the event Customer fails to comply with any term or condition hereunder. Upon such termination, the Customer must immediately destroy the Software, and Customer shall certify to Verity in writing that all such Software has been destroyed. Sections 4, 6, 7 and 11 will survive the termination or expiration of this License.
9. If Customer desires to license the Software from Verity, Customer shall contact Verity at 1-800-866-6539 or your local Verity representative. Usage of the Software shall be governed by the Software License Agreement included with the packaging of the Software.
10. This Agreement shall not be assigned or transferred without written permission of Verity.
11. This License constitutes the entire agreement between Customer and Verity with reference to this transaction. This transaction shall be governed by the laws of the State of California. In the event that any provision of this License is held to be invalid or unenforceable, the remaining provisions of this License will remain in full force and effect.
12. Distribution and use of the Software by the United States Government will be subject to the RESTRICTED RIGHTS as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 252.227-7013. The Software referenced in this Agreement is a commercial computer software program developed at private expense.
Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-19 (c)(2) where applicable or the applicable provisions of the DoD FAR supplement 252.227-7013 subdivision (a)(15) or (a)(17).
CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
