This is a legal
agreement between you, the end user, and Teamware Group Oy (hereinafter
TEAMWARE). This Evaluation License Agreement applies to the copy
of the software program(s) identified in the box above (or on the
cover page of this License Agreement) (hereinafter SOFTWARE) and
all material received at downloading (or all material included in
the delivery) (hereinafter ACCOMPANYING MATERIAL) that you, the
end user, are now taking into use.
By downloading, installing or using the SOFTWARE, you are agreeing
to be bound by these terms and conditions. If you do not agree to
them, destroy all SOFTWARE possibly installed on your computer.
1. GRANT OF
LICENSE - TEAMWARE grants you for evaluation purpose and for an
evaluation period of ninety (90) days a free of charge non-transferable,
either
A. if SOFTWARE contains both the server and client elements,
right (i) to have one installation of the server element of the
SOFTWARE on a single computer standing alone or acting as a network
server in the TERRITORY (as hereinafter defined), (ii) to install
the SOFTWARE's workstation element, if any, on the number of workstations
in the TERRITORY as identified in the box above (or on the cover
page of this License Agreement) and, if no number is stated, on
five (5) workstations, and (iii) to have the equivalent number of
users using the SOFTWARE in the TERRITORY (hereinafter AUTHORIZED
USE); or
B. if SOFTWARE contains only the client element, right to
have the number of users as identified in the box above (or on the
cover page of this License Agreement) using the SOFTWARE on an equivalent
number of single computers or terminals at a time in the TERRITORY
(as hereinafter defined) and, if no number is stated, to have one
user using the SOFTWARE on a single computer or terminal at a time
in the TERRITORY (hereinafter AUTHORIZED USE).
To assist you
in using the SOFTWARE, you may copy the SOFTWARE but solely for
archival and backup purposes. You must include all copyright notices
on the archival and backup copy. If the SOFTWARE is preinstalled
on the hard disk of a computer, any accompanying media constitute
an archival and backup copy. You may not use, copy, modify, or transfer
your right to use the SOFTWARE or ACCOMPANYING MATERIAL, or any
copy of either, except as expressly provided in this License Agreement.
All rights not expressly granted are reserved by TEAMWARE or its
suppliers. You may not reverse engineer, decompile or disassemble
the SOFTWARE.
2. COPYRIGHT
- The SOFTWARE and all copyright and other rights in it are owned
by TEAMWARE or its suppliers and are protected by international
treaty provisions and all other applicable national laws.
3. TERRITORY
- The TERRITORY means, subject to Section 5 Export And Other Restrictions
and excluding the country where the lawful evaluation license has
been acquired, and the countries belonging to European Union and
European Free Trade Association excluding France.
4. TERMINATION
OF LICENSE - You may terminate this Evaluation License at any time
by destroying the SOFTWARE, archival and backup copy and ACCOMPANYING
MATERIAL. TEAMWARE may terminate this License Agreement if you fail
to comply with its terms and conditions. After the expiry of the
evaluation period the evaluation license will automatically terminate
and SOFTWARE may become unusable and any files stored by using the
SOFTWARE may become inaccessible and you should save the files by
other means in the event you wish to retrieve them at a later stage.
Upon such termination you shall destroy the SOFTWARE, archival and
backup copy and ACCOMPANYING MATERIAL. For a full license to use
the SOFTWARE please approach one of TEAMWARE's resellers. Such license
shall be subject to TEAMWARE's Standard License Agreement.
5. EXPORT AND
OTHER RESTRICTIONS - You may not rent or lease the SOFTWARE nor
otherwise assign or transfer the SOFTWARE or evaluation license
to any third party.
SOFTWARE contains
cryptographic features and therefore export, transfer and use is
subject to the restrictions. You agree to comply with all applicable
laws and regulations in Finland controlling exports, the Export
Administration Regulations in the United States of America and in
your jurisdiction which may impact your right to import, export
or use the SOFTWARE. French Law (Decree 92-1358 of December 1992)
generally prohibits the use of certain security products.
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.
NO WARRANTIES
- THE EVALUATION SOFTWARE IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. TEAMWARE DISCLAIMS ALL WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT
TO THE SOFTWARE AND ANY ACCOMPANYING MATERIAL. THERE IS NO WARRANTY
BY TEAMWARE OR ANY OTHER PARTY OR PERSON THAT THE FUNCTIONS CONTAINED
IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION
OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME
ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE
YOUR INTENDED RESULTS, AND FOR THE INSTALLATION, USE AND RESULTS
OBTAINED FROM IT.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES - TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, TEAMWARE AND ITS SUPPLIERS AND ANY OTHER PARTY
OR PERSON SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES OR LOSSES OF BUSINESS PROFITS, LOST
SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR
DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY
TO USE THIS SOFTWARE, EVEN IF TEAMWARE OR ITS SUPPLIERS OR THE OTHER
PARTY OR PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
U.S. GOVERNMENT
RESTRICTED RIGHTS
The SOFTWARE and ACCOMPANYING MATERIAL are provided with RESTRICTED
RIGHTS. Use, duplication, or disclosure by the Government is subject
to restrictions set forth in subparagraph (c)(1)(ii) of the Rights
in Technical Data and Computer Software clause at DFARS 252.227-7013
or subparagraphs (c)(1) and (2) of the Commercial Computer Software
-- Restricted Rights at 48 CFR 52.227-19, as applicable.
This Evaluation License Agreement is governed by the laws of Finland.
Should you have questions concerning this License Agreement, please
write to Teamware Group Oy at P.O. Box 135, 00381 Helsinki
|