Software Evaluation License Agreement
Effective date: August 24, 2006
Labtam Inc. Software Evaluation License
IMPORTANT: YOU MAY DOWNLOAD FROM THE WEBSITE, INSTALL AND USE THE SELECTED LABTAM SOFTWARE AND DOCUMENTATION (COLLECTIVELY "SOFTWARE") FOR EVALUATION PURPOSES ONLY IF YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS PRODUCT EVALUATION LICENSE AGREEMENT ("AGREEMENT") WITH LABTAM INCORPORATED ("LABTAM"). BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE EVALUATING THE SOFTWARE ON BEHALF OF YOUR COMPANY OR ORGANIZATION (COLLECTIVELY "COMPANY"), BY CLICKING ON THE "I ACCEPT" BUTTON, YOU ALSO REPRESENT THAT (A) YOU ARE DULY AUTHORIZED TO REPRESENT YOUR COMPANY AND (B) YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT ON ITS BEHALF.
IF YOU OR THE COMPANY YOU REPRESENT (COLLECTIVELY "YOU") DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCEPT THIS OFFER TO EVALUATE THE SOFTWARE AND DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE FOR ANY PURPOSE.
IF YOU WISH TO PURCHASE A FULL LICENSE TO THE SOFTWARE, CONTACT LABTAM OR A LOCAL RESELLER. COURTESY COPIES OF LABTAM'S STANDARD LICENSE AGREEMENTS ARE AVAILABLE AT:
1. Evaluation License. Labtam authorizes you to use the Software for 30 days from download or installation ("Evaluation Period") for the sole purpose of evaluating the Software in a non-production environment. This right terminates automatically upon expiration of the Evaluation Period or if you fail to comply with any term of this Agreement. Upon termination, you agree to delete and destroy all copies of the Software and documentation. Sections 4 and 5-9 survive the termination of the Agreement.
2. License Terms. During the process of installing the Software, you may be prompted to accept the same agreement or another Labtam license agreement, including a license agreement for purchased software. The first Labtam license agreement that you validly accept shall take precedence. If the Software accompanied by this Agreement is already subject to a written contract signed by an authorized representative of Labtam, then such signed contract shall take precedence. Otherwise, this Agreement supersedes any prior or contemporaneous written or oral agreements, representations or understandings. Modifications to this Agreement shall be invalid unless agreed to in writing by Labtam.
3. Maintenance. This Agreement entitles you to receive patch files and, telephone, web site or email technical support (collectively "Maintenance") during the Evaluation Period. Labtam reserves the right to change the terms and conditions applicable to Maintenance from time to time. " New Release Updates" are new versions of the Software's known as New Version Releases. They are only available when you choose to pay an upgrade fee to Labtam or choose to take out a maintenance contract. Please contact Labtam Inc. or a local reseller to obtain pricing. Labtam strongly recommends that you take out a maintenance contract to ensure the effective operation of the software.
4. No Reverse Engineering. The Software is protected by intellectual property laws and international treaty provisions. You do not acquire any rights to the Software except as expressly set forth herein. To the extent legally permissible, you agree that you will not sublicense, rent, lease, loan, auction, deal in, modify, create derivative works of, adapt, merge, translate, reverse engineer, de-compile, or disassemble the Software, in whole or in part, use the Software to provide services to third parties, or authorize others to do any of the foregoing. All rights reserved.
5. NO WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS." LABTAM DOES NOT WARRANT THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT USE OF THE SOFTWARE WILL KEEP YOUR NETWORK OR COMPUTER SYSTEMS FREE FROM ALL ATTACKS CALLED HACKING OR EVES DROPPING.
6. LIMITED LIABILITY. IN NO EVENT SHALL LABTAM OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES RELATED TO THE USE OR PERFORMANCE OF THE SOFTWARE WHETHER OR NOT LABTAM HAS BEEN ADVISED OR KNEW OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION OR THEORY ASSERTED.
7. CONSUMER PROTECTION. THIS AGREEMENT DOES NOT AFFECT ANY OF YOUR LEGAL RIGHTS OR REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
8. Back-Up. For as long as you use the Software, you agree regularly to back-up your computer system(s) on separate media. You acknowledge that any failure to do so may significantly decrease your ability to mitigate any harm or damage arising from any problem or error in the Software.
9. Export Control. You shall not export nor re-export the Software or any confidential information related thereto without the appropriate United States and foreign government licenses, and you are responsible for any violation of such export control laws. By accepting this Agreement, you confirm that you are not a resident or citizen of any country currently embargoed by the U.S. and that you are not otherwise prohibited under the Export Laws from receiving the Software. A list of embargoed countries is available at the official Web site of the Office of Foreign Assets Control of the U.S. Department of the Treasury at http://www.treas.gov/ofac/.
10. General. This Agreement and any related disputes will be governed by the laws of the State of California, excluding its conflict of laws provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. The courts in the State of California shall have exclusive jurisdiction over any dispute arising out of or related to this Agreement, except for injunctive or other interim relief. If any provision of this Agreement is found invalid, the remaining provisions will remain in full force and effect.
BY CLICKING ON THE "I ACCEPT" BUTTON, YOU ACCEPT LABTAM'S OFFER TO LICENSE THE SOFTWARE FOR EVALUATION PURPOSES UNDER THESE TERMS AND CONDITIONS.
Labtam Incorporated, 9903 Santa Monica Blvd, Suite 423, Beverly Hills, CA, 90212, USA.
Telephone: +1 310 410 0368. Fax: +1 310 410 0369.
Address all questions about this Agreement to: info@Labtam-inc.com.