Evaluation License Agreement (“Agreement”) is a legal agreement between you (“Customer”) and Sergey A. Makovkin (“Licensor”). The software covered by this Agreement is an evaluation copy of MegaTerrain SDK, in object code form, together with associated user “on-line” documentation including sample source code, examples and integration instructions, if applicable (the “Evaluation Software”). The purpose of this Agreement is to permit Customer to evaluate the Evaluation Software to determine if Customer wishes to obtain a license to use a fully functional, non expiring version of MegaTerrain SDK. By downloading, installing, copying, or otherwise using the Evaluation Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download the Evaluation Software.
1. Temporary License for Evaluation Only. Licensor hereby grants to Customer the following a limited, non-exclusive, non-transferable and temporary license to use one (1) copy of the Evaluation Software for no longer than sixty (60) days solely to evaluate and test the Evaluation Software pursuant to the Evaluation.
2. Proprietary Rights; Restrictions. Except to the extent expressly set forth above, Customer obtains no rights or licenses, express or implied, under any copyright, trade secret, patent or other proprietary right of Licensor. If Customer desires to obtain a license to use the Evaluation Software for any purpose other than the Evaluation, it must obtain a license to a fully functional, non-expiring version from Licensor. The Evaluation Software and all intellectual property rights in and to the Evaluation Software shall remain the sole property of Licensor and is protected by Russian copyright laws, international treaty provisions and other applicable laws. Customer acknowledges that the Evaluation Software, in source code form, remains a confidential trade secret of Licensor and/or its suppliers and therefore, Customer agrees not to modify the Evaluation Software or attempt to decipher, decompile, disassemble or reverse engineer the Evaluation Software, except to the extent expressly permitted by applicable legislation. Except for a single backup copy, Customer will not copy the Evaluation Software and will not otherwise lease, rent, assign, sublicense or otherwise transfer the Evaluation Software. Customer may not attempt to disable or otherwise circumvent the “expire” devise contained in the Evaluation Software. Licensee may not include any Evaluation Software material in any product, which is either distributed by Licensee or used by Licensee internally. Licensee may develop and compile an application with the Evaluation Software for the purpose of testing the Evaluation Software but may not deploy or distribute the application.
3. Termination. Licensor may terminate the license granted hereby at any time by delivering notice to Customer and Customer may terminate the license at any time by destroying or erasing its copy of the Evaluation Software. In any event, Customer agrees that the license to use the Evaluation Software will terminate no later than ninety (90) days from the date Customer receives the Evaluation Software. Following termination, the following sections of this Agreement will survive: 2, 3, 4 and 5.
4. DISCLAIMER OF WARRANTY. LICENSOR MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE EVALUATION SOFTWARE FOR ANY PURPOSE. THE EVALUATION SOFTWARE IS PROVIDED “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
5. LIMITATION OF LIABILITY. THE EVALUATION SOFTWARE IS PROVIDED GRATUITOUSLY IN CONNECTION WITH THE EVALUATION AND, ACCORDINGLY, LICENSOR SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY CUSTOMER OR ANY USER OF THE EVALUATION SOFTWARE. TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES BASED ON LOST DATA, BUSINESS INTERRUPTIONS OR OTHER PECUNIARY LOSSES.
Copyright (c) 2008 Sergey A. Makovkin
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