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THE USE OF THE SOFTWARE IS SUBJECT TO COMPLIANCE TO THE TERMS AND CONDITIONS
SET OUT. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU (CUSTOMER)
ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS,
AND AGREE TO BE BOUNDED BY ALL OF THE TERMS AND CONDITIONS OF THE BEMOKO
EVALUATION AGREEMENT.
A copy of the terms of the bemoko evaluation agreement is included below:
1. BEMOKO grants Customer a non-transferable and non-exclusive right to use the
Software and Documentation.
Such grant does not include and specifically excludes the following rights (a)
to sub-license the Software or Documentation or any part thereof or (b) to
create or attempt to create, by reverse engineering or otherwise, as far as the
law allows, the source code or any part thereof from any Software or
Documentation or from other information made available under this Agreement or
otherwise.
2. Term. This Agreement shall become effective from date of installation, but
may in any event be terminated forthwith upon written notice by either party to
the other. Upon termination of this Agreement, Customer shall immediately
discontinue all use of the Software. Additionally, within ten (10) days after
such expiration or termination, Customer shall either transmit to BEMOKO all
copies of the Software and Documentation in its possession, custody or control,
or destroy all such copies and certify to BEMOKO in writing that such
destruction has taken place, at the option of BEMOKO.
3. Confidentiality. Customer agrees to hold all parts of the Software and
Documentation in confidence for BEMOKO. Customer further agrees that it shall
not disclose any portion of the Software or Documentation, including methods
or concepts utilised therein, to anyone except Customer employees to whom such
disclosure is necessary to the evaluation process. Such obligations of
confidentiality shall not apply to any portion of the Software and
Documentation which (a) is now or may in the future be placed in the public
domain other than by an act attributable to Customer; (b) is lawfully received
from a third party that has the unrestricted right to make such a disclosure;
(c) can be documented by Customer as having been developed by or on behalf of
Customer by individuals who have not had either direct or indirect access to
the Software or Documentation; or (d) is disclosed with the prior written
approval of BEMOKO. The obligations of this clause shall survive expiration or
termination of this Agreement. This clause is in addition to, and without
prejudice to, any pre-existing confidentiality agreement between the parties.
4. No Warranty. The Software and Documentation are provided with no warranty
of any kind, express or implied, including, without limitation that the
Software will be of satisfactory quality or fit for the purpose of the
Customer.
5. Limitation of Liability. IN NO EVENT SHALL BEMOKO BE LIABLE TO CUSTOMER OR
ANY THIRD PARTY FOR LOSS, DAMAGE OR INJURY TO PERSON OR PROPERTY ARISING OUT
THIS AGREEMENT OR THE PERFORMANCE OF THE SOFTWARE, INCLUDING WITHOUT
LIMITATION ANY SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF
REVENUES, PROFITS, DATA, USE OR ANTICIPATED SAVINGS, WHETHER SUCH LIABILITY IS
BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER WISE, SAVE THAT NO LIABILITY OF
BEMOKO FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE IS EXCLUDED OR
LIMITED BY THIS AGREEMENT.
6. Non-assignment. Neither this Agreement nor any rights granted hereunder
shall be assignable or otherwise transferable, in whole or in part, by
Customer without BEMOKO'S prior written consent.
7. Notice. Any notices permitted or required under this Agreement shall be
deemed to have been duly given if in writing and delivered personally or sent
by first class post to the party's address first written above, or by
facsimile transmission to the party's facsimile number.
8. Governing Law. The construction, interpretation and performance of this
Agreement shall be governed by and construed in accordance with the laws of
England and the parties submit to the jurisdiction of the English courts.
9. Entire Agreement. This Agreement constitutes the entire understanding
between the parties and supersedes all prior or contemporaneous
communications, agreements and discussions with respect to the subject matter
hereof, except for any confidentiality agreement between the parties. This
Agreement can be amended or modified only by a written instrument signed by
authorised representatives of the parties.
10. No Third Party Rights. Nothing in this Agreement shall, nor is it intended
to, confer any benefit on any third party whether under the Contracts (Rights
of Third Parties) Act 1999 or otherwise.
Some component of this distribution are provided by third parties and hence
bound by other licensing terms as described in
licenses/3rd-party-licenses.txt.
