KentCAD Plant Utilities
30-Day Trial License Agreement
IMPORTANT – PLEASE READ CAREFULLY THE TERMS OF THIS 30-DAY TRIAL SOFTWARE LICENSE AGREEMENT (“AGREEMENT”).
BY CLICKING ON THE “I AGREE” BUTTON, (1) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT AND (2) YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF, OR IF YOUR COMPANY WILL BE THE LICENSEE, ON BEHALF OF YOUR COMPANY. IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, OR DO NOT HAVE SUCH AUTHORITY, YOU SHOULD CLICK ON THE “CANCEL” BUTTON TO DISCONTINUE THE DOWNLOAD OF THE LICENSED SOFTWARE.
1. Agreement. This Agreement is a legal agreement between you or your company, as designated by you (the “Licensee”) and NTAC Software (the “Licensor”) for the accompanying software product, which includes computer software and may include associated “online” or electronic documentation (the “Licensed Software”). By downloading the Licensed Software, Licensee agrees to be bound by the terms of this Agreement. If Licensee does not agree to the terms and conditions of this Agreement, or does not have the authority represented above, do not download or use the Licensed Software.
2. License. Subject to the terms and conditions of this Agreement, Licensor grants to Licensee a nontransferable, nonexclusive, revocable license (without the right to sublicense) to install, use, execute and display one (1) copy of the Licensed Software, in executable object code format only. The Licensed Software may be used only for a period of thirty (30) days from the date of installation of the Software (the “Trial Period”). The Licensed Software incorporates a time lock so that at the end of the Trial Period, Licensee will no longer have access to the Licensed Software unless a license is purchased.
3. Restrictions. Licensee shall not (a) license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Licensed Software or make the Licensed Software available to any third party; (b) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Licensed Software; or (c) access the Licensed Software in order to build a similar or competitive product or service. Licensee shall preserve all copyright and other proprietary rights notices in the Licensed Software and any copies thereof.
4. Ownership. All right, title, and interest, including all intellectual property rights, in and to the Licensed Software (including any and all copies thereof) shall be owned and retained by Licensor. Any rights not expressly granted by Licensor in the Agreement are reserved. Licensee acknowledges that Licensee acquires no ownership interest in the Licensed Software.
5. Feedback. During the Trial Period, Licensee may provide Licensor with comments, criticisms, suggested improvements, test results, and other feedback regarding the function, features, and other characteristics of the Licensed Software, in written or oral form (“Feedback”). Licensee agrees that Licensor has the perpetual, irrevocable, and royalty-free right to use and exploit the Feedback and related information in any manner and for any purpose.
6. Disclaimer of Warranties. The Licensed Software IS provided TO LICENSEE FREE OF CHARGE AND ON AN “AS-IS” BASIS. LICENSOR disclaimS all express, implied or statutory warranties relating to the Licensed Software, including but not limited to, merchantability, fitness for a particular purpose, TITLE, and non-infringement. LICENSOR does not warrant that use of the Licensed Software will be uninterrupted or error-free. The exclusions of warranties and remedies contained in this Agreement shall apply to Licensee only to the extent such exclusions and remedies are permitted under the laws of the jurisdiction where Licensee is located.
7. Limitation of Remedies and Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Licensor shall NOT be responsible with respect to any subject matter of this Agreement or terms or conditions related thereto under any contract, negligence, strict liability or other theory (a) for loss or inaccuracy of data or cost of procurement of substitute goods, services or technology, or (b) for any indirect, incidental or consequential damages including, but not limited to loss of revenues and loss of profits. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Licensor’s aggregate cumulative liability hereunder shall NOT exceed fifty dollars ($50.00). The limitations and exclusions of remedies contained in this Agreement shall apply to Licensee only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where Licensee is located.
8. Basis of Bargain. The disclaimer of warranties and limitation of remedies and damages set forth above are fundamental elements of the basis of the agreement between Licensor and Licensee. Licensor would not be able to provide the Licensed Software without such limitations.
9. Term and Termination. This Agreement will expire at the end of the Trial Period, unless earlier terminated pursuant to this Section 9. This Agreement will terminate immediately in the event that Licensee breaches any of the terms hereof. Licensee may terminate this Agreement at any time, with or without cause. Upon termination, the license granted hereunder shall terminate and Licensee shall immediately destroy all copies of the Licensed Software in Licensee’s possession. The terms of this Agreement which are intended to survive termination will remain in effect.
10. Miscellaneous. Neither the rights nor the obligations arising under this Agreement are assignable by Licensee, and any such attempted assignment or transfer shall be void and without effect. Licensor may freely assign this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California and the United States without regard to the conflict of laws provisions therein that would require application of the laws of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. In the event that any provision of this Agreement is found to be contrary to law, then such provision shall be construed as nearly as possible to reflect the intention of the parties, with the other provisions remaining in full force and effect. The Licensed Software and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. Licensee agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Licensor in violation of the United States export laws or regulations. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and any and all written or oral agreements previously existing between the parties are expressly canceled. Except as otherwise expressly provided in this Agreement, any modifications of this Agreement must be in writing and agreed to by both parties.
QUESTIONS OR ADDITIONAL INFORMATION. If Licensee has questions regarding this Agreement, or wishes to obtain additional information, please send an e-mail to firstname.lastname@example.org.