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-
- Softscape, Inc.
- SOFTWARE LICENSE TERMS
- End User Evaluation Agreement
-
- BEFORE YOU CLICK ON THE "YES" BUTTON AT THE END OF THIS DOCUMENT,
- CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
- BY CLICKING ON THE "YES" BUTTON, YOU ARE CONSENTING TO BE BOUND BY
- AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO
- ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "NO" BUTTON AND
- DO NOT USE THIS SOFTWARE.
-
- This Softscape, Inc. End User Evaluation Agreement (the
- "Agreement") is a legal agreement between you and Softscape, Inc., a
- Massachusetts corporation ("Softscape") for the Softscape DiffXChange
- Product. In this Agreement, the term "Software" means Softscape
- DiffXChange, including computer software and associated media and
- printed materials, and may include "online" or electronic documentation.
- The term "You" or "you" means the company, entity or individual who is
- evaluating the Software. The term "Use" means storing, loading,
- installing, executing or displaying the Software.
-
- License Grant - Softscape grants you and you accept the temporary,
- non-exclusive, non- transferable right to Use one copy of the Software in
- object form only, solely for evaluation purposes, but not for general
- production use, during an evaluation period of ten (10) days from the
- date the Software is first Used by You. This period is referred to in this
- Agreement as the "Evaluation Period." THE SOFTWARE CONTAINS
- CODE THAT DISABLES ALL OF ITS FEATURES AT THE END OF
- THE EVALUATION PERIOD. You may Use the Software on any single
- computer (provided that if you are the primary user of that computer, you
- may also make a second copy of the Software for your exclusive use on
- either a home or portable computer). You may not modify the Software or
- disable any licensing or control features of the Software except as an
- intended part of the Software's programming features.
-
- To the extent that the Software enables you to access (on-line or
- otherwise) materials not supplied by Softscape ("Content"), you should be
- aware that such Content is the property of the applicable Content owner
- and may be protected by applicable copyright law. This License grants
- you no rights to Content.
-
- Ownership - You acknowledge and agree that the Software is owned
- and copyrighted by Softscape or its third party suppliers. Your license
- confers no title or ownership in the Software and is not a sale of any rights
- in the Software. All ownership rights remain in Softscape or its third party
- suppliers, as the case may be.
-
- Copies - You may only make one copy of the object code of the
- Software solely for backup or archival purposes or when copying is an
- essential step in the authorized Use of the Software. You must reproduce
- all copyright and other proprietary or restricted rights notices in the
- original Software on all authorized copies. You may not copy any of the
- enclosed books or printed materials which are part of the Software.
-
- Additional Restrictions - You may not: permit other individuals to
- use the Software except under the terms listed above; permit concurrent
- use of the Software; modify, translate, reverse engineer, decompile,
- disassemble (except to the extent applicable laws specifically prohibit such
- restriction), or create derivative works based on the Software; copy
- (including copying onto a bulletin board or similar system) the Software
- other than as specified above; rent, lease, grant a security interest in, or
- otherwise transfer rights to the Software; or remove any proprietary
- notices or labels on the Software.
-
- Transfer - You have no right to assign, transfer, sublicense, loan, rent
- or lease the Software, and any attempt by you to do so will result in
- automatic termination of your License the Software.
-
- Term - The term of this Agreement commences on the date you first
- use the Software and expires at the end of the Evaluation Period, unless
- earlier terminated. Softscape may terminate this Agreement immediately
- if you breach any of the provisions of this Agreement. You may terminate
- this license at any time. Upon any such termination or expiration, you
- must discontinue all use of the Software, and immediately destroy the
- Software together with all copies. The provisions below under
- "LIMITATIONS ON LIABILITY" of this Agreement shall survive the
- termination or expiration of this Agreement.
-
- Exclusion of Warranty. The Software is provided to you for
- evaluation purposes only. EVALUATION COPIES OF SOFTWARE
- ARE PROVIDED FREE OF CHARGE OR AT A NOMINAL COST,
- AND ACCORDINGLY ARE 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 Softscape assume the entire cost of any service and repair. This
- disclaimer of warranty constitutes an essential part of this Agreement.
- 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.
-
- If you are using the Software free of charge, you are not entitled to
- hard-copy documentation, support or telephone assistance.
-
- LIMITATIONS ON LIABILITY. TO THE MAXIMUM EXTENT
- PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND
- UNDER NO LEGAL THEORY, TORT, CONTRACT, OR
- OTHERWISE, SHALL SOFTSCAPE BE LIABLE TO YOU OR
- ANY OTHER PERSON FOR ANY MONEY DAMAGES,
- WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
- COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN
- IF SOFTSCAPE SHALL HAVE BEEN INFORMED OF THE
- POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY
- ANY OTHER PARTY. IN THE EVENT THAT
- NOTWITHSTANDING THE FOREGOING, SOFTSCAPE IS
- FOUND LIABLE TO YOU FOR ACTUAL DAMAGES FROM ANY
- CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF
- THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING
- NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE),
- SOFTSCAPE'S LIABILITY TO YOU WILL BE LIMITED TO $25.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
- LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
- DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT
- APPLY TO YOU.
-
- Export Law Assurances - You acknowledge and agree that the
- Software is subject to restrictions and controls imposed by the United
- Stated Export Administration Act (the "Act") and the regulations
- thereunder. You agree and certify that neither the Software nor any direct
- product thereof nor any underlying information or technology is being or
- will be acquired, shipped, transferred or re-exported directly or indirectly
- into any country prohibited by the Act and the regulations thereunder or
- will be used for any purpose prohibited by the same.
-
- US Government Restricted Rights - The Software and
- documentation have been developed entirely at private expense and are
- provided as "Commercial Computer Software" or "Restricted Computer
- Software". Use, duplication or disclosure by the U.S. Government
- subcontractor is subject to the restrictions set forth in subparagraph (c) (1)
- (ii) of The Rights in Technical Data and Computer Software Clause at
- DFARS 252.227-7013 or in subparagraph (c)(1) and (2) of the
- Commercial Computer Software - Restricted Rights clauses at 48-C.F.R.
- 52.227-19 or as specified in 48 C.F.R. 227-7202-2 of the DoD F.A.R.
- Supplement and its successors, or as specified in 48 C.F.R. 12.212 of the
- Federal Acquisition Regulations and its successors, as applicable. The
- manufacturer is Softscape, Inc., 4 Minot Avenue, Acton, MA 01720, 508-
- 266-1921.
-
- Controlling Law and Severability - This Agreement constitutes the
- entire agreement between you and Softscape with reference to this
- transaction. This Agreement shall be governed by the laws of the
- Commonwealth of Massachusetts, United States of America. The
- application to this Agreement of the United Nations Convention on
- Contracts for the International Sale of Goods is hereby expressly excluded.
- In the event of any dispute involving this Agreement, Softscape and you
- each consent to exclusive jurisdiction and venue in either the state or
- federal courts in the Commonwealth of Massachusetts and agrees that the
- prevailing party shall be entitled to its reasonable attorney fees and costs.
- In the event any provision of this Agreement shall be deemed
- unenforceable, void or invalid, such provision shall be modified so as to
- make it valid and enforceable, and as so modified the entire Agreement
- shall remain in full force and effect. No decision, action or inaction by
- Softscape shall be construed to be a waiver of any rights or remedies
- available to it.
-