Product Trial License Agreement

 

SAVVIUS, INC.
SOFTWARE LICENSE AGREEMENT

By clicking "I ACCEPT" and/or by installing, copying, or otherwise using any software program of Savvius provided hereunder (¡°Software¡±), you agree to be bound by the terms of this Software License Agreement and are indicating your acceptance of these terms.

  1. GRANT OF LICENSE: Savvius, Inc. grants a limited and non-exclusive license to use the object code version of the Software for the sole purpose of evaluating Software for purchase.
  2. LICENSE SCOPE AND LIMITATIONS:
    1. Scope of License. You may install the Software under a Single User License.
    2. Term. You may evaluate the Software for one period of up to six months from the date you first receive a link to the site containing the Software. If you do not purchase the Software, you must delete all copies by the end of the evaluation period.
    3. Copies. You may copy and use the accompanying written materials (¡°Documentation¡±) as reasonably necessary in connection with your evaluation of the Software.
    4. Limitations:
      1. You may not copy, disseminate, modify, adapt, or reverse-engineer the Software unless such restriction is expressly prohibited by applicable law;
      2. You may not sublicense, distribute, sell, rent, lease, lend, give, or in any other way transfer to any third party the Software or Documentation, or any part thereof;
      3. You may not use the Software or Documentation to provide commercial services to any third party; as an add-in product to any third-party product; or for the purpose of designing, modifying, or otherwise creating any software program, or any portion thereof, which performs functions similar to the functions performed by the Software;
    5. You agree that:
      1. You will comply with all applicable laws in the jurisdictions in which you use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
      2. The Software may include a "channel playback" feature, which is intended solely for use in the analysis and evaluation of voice and sound quality over a VoIP installation. You acknowledge that the capture or playback of any communications by you may be subject to international, federal, state, or local laws or regulations, and that you will use the channel playback feature only for the lawful capture, recording, and playback of communications.
  3. OWNERSHIP: Savvius, or its licensors, owns all title, ownership, rights, and intellectual property rights in and to the Software and Documentation, including patent, copyright, trade secret, trademark and other proprietary rights. The Software is protected by the copyright laws of the United States and international copyright treaties.
  4. INDEMNITY. You agree to defend, indemnify, and hold harmless Savvius, its officers, directors, and employees, from and against any liabilities, losses, damages and expenses, including court costs and reasonable attorneys' fees, arising out of your use or installation of this Software.
  5. DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAVVIUS FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. IN NO EVENT SHALL SAVVIUS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SAVVIUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  6. GENERAL. This license is the complete and exclusive statement of the agreement of the parties and shall be controlled by the laws of the State of California, and the United States of America. The terms and conditions contained in this Agreement may not be modified. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
  7. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS. This Software and Documentation are provided with RESTRICTED RIGHTS and is a trade secret of Savvius for all purposes of the Freedom of Information Act. Use, duplication or disclosure is subject to restrictions set forth in subparagraph (c)(I)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013 or in subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Savvius Inc., 1340 Treat Boulevard, Walnut Creek, California, 94597. i. You will comply with all applicable export control laws and regulations with respect to the Software and Documentation provided hereunder. You acknowledge that none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into Afghanistan (Taliban-controlled areas), Cuba, Iran, Iraq, Libya, North Korea, Serbia (except Kosovo), Sudan and Syria or any other country subject to a U.S. embargo; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Parties List or Entity List. By using the Software you are agreeing to the foregoing and are representing and warranting that (i) no U.S. federal agency has suspended, revoked, or denied you export privileges, (ii) you are not located in or under the control of a national or resident of any such country or on any such list, and (iii) you will not export or re-export the Software to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls. For more information on the U.S. Export Administration Regulations (EAR), 15 C.F.R. Parts 730-774, and the Bureau of Export Administration ("BXA"), please see the BXA homepage (http://www.bxa.doc.gov).
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