EPILIO TRIAL SOFTWARE USER LICENSE AGREEMENT BY DOWNLOADING THE SOFTWARE YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
GRANT. Epilio grants you a non-exclusive license to use this software (the "Software") free of charge for evaluation and trial purposes only. You may not publish or provide any results of benchmark tests run on the Software to a third party without Epilio's prior written consent. You may make a single copy of the Software for archival purposes, provided such copy must contain all of the original Software's proprietary notices.
DISCLAIMER OF WARRANTY. The 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 on-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 Epilio will assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN EMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
LIMITATIONS. 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 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.
TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain in Epilio and/or its suppliers. The Software is protected by the copyright laws of the United States and international copyright treaties. This license does not grant you any right to any enhancement or update to the Software.
TERMINATION. The license will terminate automatically if you fail to comply with the limitations described herein, or may be terminated at will and without cause at the sole discretion of Epilio. Upon termination of this License, you agree to destroy all copies of the Software. If you decide to purchase a license for the Software, this trial license will be replaced by the purchased Software's license agreement.
EXPORT CONTROLS. You may not download or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. None of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL EPILIO OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL EPILIO BE LIABLE FOR ANY DAMAGES, EVEN IF EPILIO SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
MISCELLANEOUS. This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. This license is personal to you and you agree not to assign your rights in herein, and any attempted assignment by you shall be null and void. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Massachusetts law (except for conflict of law provisions). The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.