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Termination of this AGREEMENT constitutes termination of the LICENSE granted herein. This AGREEMENT will otherwise terminate upon the conditions set forth in this AGREEMENT or if LICENSEE fails to comply with any term or condition of this AGREEMENT including failure to pay any applicable license fee. All rights not specifically granted to LICENSEE in this Agreement are retained by LICENSOR. License Grant LICENSEE may install and use one copy of the BETA SOFTWARE PRODUCT on a single computer. LICENSEE may also store or install a copy of the BETA SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the BETA SOFTWARE PRODUCT over an internal network; however, LICENSEE must acquire and dedicate a LICENSE for each separate computer on or from which the BETA SOFTWARE PRODUCT is installed, used, accessed, displayed or run. A LICENSE for the BETA SOFTWARE PRODUCT may not be shared or used concurrently on different computers. Beta- Specific Obligations LICENSEE agrees to provide timely feedback, which may include bug reports, conferences with LICENSOR’s representatives and/or written evaluations, to LICENSOR in relation to the BETA SOFTWARE PRODUCT and that LICENSOR will have no confidentiality obligations, as described in this Section 1. LICENSEE agrees that LICENSOR and its designees will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and licensees, incorporate and otherwise use the feedback, including derivative works thereto, for any and all commercial and non- commercial purposes. Further Restrictions The LICENSE does not permit LICENSEE to: (a) grant any sublicense for all or part of the BETA SOFTWARE PRODUCT; (b) use the BETA SOFTWARE PRODUCT in conjunction with any other software, data or equipment in such a manner as would cause the resulting product to infringe upon any Intellectual Property Rights of third parties; (c) copy the BETA SOFTWARE PRODUCT, except for backup or archival purposes and provided that each such copy of the BETA SOFTWARE PRODUCT is subject to the terms of this AGREEMENT; (d) transfer, assign, rent, lease, or otherwise dispose of the BETA SOFTWARE PRODUCT on a temporary or permanent basis; (e) make the BETA SOFTWARE PRODUCT available to remote users; or (f) use the BETA SOFTWARE PRODUCT except as expressly permitted in this AGREEMENT. Additional Obligations LICENSEE agrees: (a) not to remove from the BETA SOFTWARE PRODUCT any copyright notices embedded thereon or therein which acknowledge that LICENSOR has a copyright, trademark, certain pending patent rights, and other intellectual property interests in the BETA SOFTWARE PRODUCT, as the case may be; (b) not to remove any references in or on the BETA SOFTWARE PRODUCT to LICENSOR'S name; (c) to immediately notify LICENSOR if LICENSEE becomes aware of any actual or potential claims by a third party arising in respect LICENSEE'S use of the BETA SOFTWARE PRODUCT; (d) not to use the BETA SOFTWARE PRODUCT in contravention of any law. Additional Rights And Limitations 2. System Requirements The BETA SOFTWARE PRODUCT may be used on computer systems that meet the system requirements specified by LICENSOR. LICENSOR is not required to supply any required hardware and/or software required for proper operation of the BETA SOFTWARE PRODUCT. Package The Software is distributed along with other LICENSOR’s BETA SOFTWARE PRODUCTs as part of a suite of products, the license of the BETA SOFTWARE PRODUCT’s package is licensed as a single product, and none of the products in the BETA SOFTWARE PRODUCT’s package, including the BETA SOFTWARE PRODUCT, may be separated for installation or use on more than one computer. Third- Party Software. The package may include additional third- party software ("THIRD- PARTY SOFTWARE") as specified in Subsection 4. Limitations on Reverse Engineering, Decompilation and Disassembly LICENSEE agrees not reverse engineer, decompile or disassemble the BETA SOFTWARE PRODUCT. Intellectual Property Rights This AGREEMENT does not grant LICENSEE any rights in connection with any copyright, patent, trademark, trade secret of LICENSOR, except for what is specifically provided herein with this AGREEMENT. Modifications To The Beta Software Product 3. Reservations LICENSOR reserves the right at any time not to release or to discontinue release of any BETA SOFTWARE PRODUCT and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the BETA SOFTWARE PRODUCT. Upgrades Any upgrade to the BETA SOFTWARE PRODUCT provided by LICENSOR is subject to the terms of this AGREEMENT unless modified by the LICENSOR, at the LICENSOR'S sole discretion. Ownership — Confidential Information — Intellectual Property Rights 4. Ownership and Rights Title, ownership rights, and all Intellectual Property Rights in and to the BETA SOFTWARE PRODUCT shall remain the sole and exclusive property of LICENSOR. LICENSEE acknowledges that LICENSOR has copyright, trademark, and certain pending patent rights in the underlying BETA SOFTWARE PRODUCT. Moreover, LICENSEE again further acknowledges that the BETA SOFTWARE PRODUCT contains valuable Confidential Information and certain pending patent rights of the LICENSOR; therefore, LICENSEE agrees: (a) not to modify the BETA SOFTWARE PRODUCT, or attempt to decipher, decompile, disassemble or reverse engineer the BETA SOFTWARE PRODUCT or assist or encourage any third party in doing so; and (b) to hold in strict confidence its knowledge of the Confidential Information as a trade secret for the benefit of LICENSOR. Third- Party Software and Acknowledgements LICENSOR has made use of all THIRD- PARTY SOFTWARE in full compliance of all applicable terms and conditions of copyright holders and/or other authorized parties. The BETA SOFTWARE PRODUCT was developed using Eclipse Rich Client Platform v 3. RCP, a platform, licensed under Eclipse Public License v 1. The BETA SOFTWARE PRODUCT therefore contains, as its integral part, the following THIRD- PARTY SOFTWARE, which is a part of Eclipse RCP: Equinox. Xerces. SWT. JFace. Lucene. Ant. Tomcat. All THIRD- PARTY SOFTWARE may only be used as part of and in connection with the Software 5. Termination 5. 1. License Duration This AGREEMENT and the LICENSE granted herein shall terminate upon the expiration of the LICENSE PERIOD or upon such earlier date as LICENSOR may, by written or electronic notice provide to LICENSEE. Moreover, this AGREEMENT and LICENSE shall terminate because of LICENSEE'S breach of any provision of this AGREEMENT. Survival Termination of the LICENSE will not affect the other provisions of the AGREEMENT, which provisions will survive termination of the LICENSE. Post Termination LICENSEE agrees upon termination of this AGREEMENT for any reason whatsoever to immediately uninstall the BETA SOFTWARE PRODUCT and destroy all copies of the BETA SOFTWARE PRODUCT in its possession and/or under its control. Nothing in this AGREEMENT shall absolve LICENSEE from liability for damages resulting from any breach of this AGREEMENT by LICENSEE, notwithstanding that LICENSOR may have other remedies available under this AGREEMENT (including the right to terminate the LICENSE). Beta Testing End User License Agreement. PARALLELS SOFTWARE INTERNATIONAL, INC. PARALLELS") LICENSES THIS SOFTWARE PRODUCT TO YOU SUBJECT TO THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT (THIS "AGREEMENT" or "EULA"). READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING, COPYING AND USING THIS COMPUTER SOFTWARE AND THE ACCOMPANYING DOCUMENTATION (THE "SOFTWARE"). THE SOFTWARE IS COPYRIGHTED AND IT IS LICENSED TO YOU UNDER THIS EULA, NOT SOLD TO YOU. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE SOFTWARE AND YOU SHOULD RETURN THE PACKAGE TO THE PLACE WHERE YOU GET IT WITHIN THIRTY (3. DAYS. THIS EULA IS A LEGAL AGREEMENT CONCERNING THE SOFTWARE BETWEEN YOU, AS EITHER AN INDIVIDUAL OR A SINGLE BUSINESS ENTITY AND PARALLELS. THIS AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING YOU MAY HAVE HAD WITH PARALLELS RELATING TO THE SOFTWARE. Assent to Be Bound. By clicking the "I accept the terms.." checkbox on the beta tester page, by executing a written copy of this Agreement, or by installing, copying or otherwise using this Software, you agree to be bound by the terms of this Agreement. If you do not agree with any term or condition, do not download, order, open, install or use the Software or product package. Contact Parallels to arrange the return of the Software and accompanying materials to Parallels at no charge to you. BETA DISCLAIMERTHE BETA SOFTWARE LICENSED HEREUNDER IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING LICENSE IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS. Confidentiality. You agree that, unless otherwise specifically provided herein or agreed by the Parallels in writing, the Software and the Documentation, including the specific design and structure of individual programs and the Software, provided to you by Parallels constitute confidential proprietary information of Parallels. You shall permit only authorized users, who possess rightfully, obtained license keys, to use the Software or to view the Documentation. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Parallels. You agree to implement reasonable security measures to protect such confidential information, but without limitation to the foregoing, shall use best efforts to maintain the security of the Software provided to you by Parallels. You will use your best efforts to cooperate with and assist Parallels in identifying and preventing any unauthorized use, copying, or disclosure of the Software, Documentation, or any portion thereof. Feedback. It is expressly understood, acknowledged and agreed that you shall, regardless of whether or not formally requested to do, provide to Parallels reasonable suggestions, comments and feedback regarding the Software, including but not limited to usability, bug reports and test results, with respect to Software testing (collectively, "Feedback"). If you provide such Feedback to Parallels, you shall grant Parallels the following worldwide, non- exclusive, perpetual, irrevocable, royalty free, fully paid up rights: (i) to make, use, copy, modify, sell, distribute, sub- license, and create derivative works of, the Feedback as part of any Parallels product, technology, service, specification or other documentation (individually and collectively, "Parallels Products"); (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any Parallels Product; (iii) solely with respect to Licensee's copyright and trade secret rights, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and (iv) to sublicense to third parties any claims of any patents owned or licensable by Licensee that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the feedback or portion thereof incorporated into a Parallels Product, technology or service. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Parallels to comply with any additional obligations with respect to any Parallels Products that incorporate any Feedback. Grant of License. Subject to the terms and conditions of this Agreement, Parallels hereby grants to you a non- exclusive, non- transferable license (without the right to sublicense) (i) to use the Software in accordance with the Documentation solely for purposes of internal testing and evaluation, and (ii) to copy Software for archival or backup purposes, provided that all titles and trademarks, copyright, and restricted rights notices are reproduced on such copies. Restrictions on Grant. Except as otherwise specifically permitted in this Agreement, you may not: (a) modify or create any derivative works of any Software or documentation, including translation or localization; (code written to published APIs (application programming interfaces) for the Software shall not be deemed derivative works); (b) copy the Software except as provided in this Agreement or elsewhere by Parallels; (c) separate Software, which is licensed as a single product, into its component parts. Software by more than one user; (e) reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any Product the Software (except to the extent applicable laws specifically prohibit such restriction); (f) redistribute, encumber, sell, rent, lease, sublicense, use the Software in a timesharing or service bureau arrangement, or otherwise transfer rights to any Software. You may NOT transfer the Software under any circumstances; (g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product(s); (h) publish any results of benchmark tests run on any Software to a third party without Parallels prior written consent; or (i) use any Software on a system with more CPUs than the number licensed, by more users than have been licensed, on more computers or computing devices than the number licensed, or by more developers than the number licensed, as applicable. Beta- Software Product Support. Parallels is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Software will be corrected. Ownership and Copyright of Software. Title to the Software and all copies thereof remain with Parallels and/or or its suppliers. The Software is copyrighted and is protected by United States copyright laws and international treaty provisions. Licensee will not remove copyright notices from the Software. Licensee agrees to prevent any unauthorized copying of the Software. Except as expressly provided herein, Parallels does not grant any express or implied right to you under Parallels patents, copyrights, trademarks, or trade secret information. Term Of This Agreement. Your rights with respect to the Beta Software will terminate upon the earlier of (a) the initial commercial release by Parallels of a generally available version of the Software or (b) six months after the last date you receive the Software or any update thereto. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof. Upon any expiration or termination of this Agreement, the rights and licenses granted to you under this Agreement shall immediately terminate, and you shall immediately cease using, and will return to Parallels (or, at Parallels' request, destroy), the Software, Documentation, and all other tangible items in your possession or control that are proprietary to or contain Confidential Information. Disclaimer. THE SOFTWARE AND DOCUMENTATION ARE LICENSED "AS IS", AND PARALLELS DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT AUTHORIZED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, PARALLELS EXPRESSLY DOES NOT WARRANTS THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE SOFTWARE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SOFTWARE. Limitation of Liability. Provision of any Software under this Agreement is experimental and shall not create any obligation for Parallels to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Software either to Licensee or to any other party. PARALLELS CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR INSTALLATION OR USE OF THE SOFTWARE AND DOCUMENTATION SHALL NOT EXCEED THE AMOUNT OF LICENSE FEES PAID TO PARALLELS BY YOU UNDER THIS AGREEMENT. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. |
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