30 Day Evaluation License Agreement (ELA) for Radica Electra.
Radica Electra Trial.
IMPORTANT-READ CAREFULLY: This Radica Software Sdn. Bhd. Evaluation License Agreement ("Evaluation License") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this Evaluation License as "You") and Radica Software Sdn. Bhd. (referred to in this ELA as "Radica") for the above-identified software product that accompanies this Evaluation License, including any associated media, printed materials and electronic documentation (the "Software Product"). The Software Product also includes any software updates, add-on components, stencils, templates, shapes, SmartShapes® symbols, web services and/or supplements that Radica may provide to You or make available to You, or that You obtain from the use of features or functionality of the Software Product, after the date you obtain your initial copy of the Software Product (whether by delivery of a CD, downloading from the Internet or a dedicated web site, or otherwise) to the extent that such items are not accompanied by a separate license agreement or terms of use. By installing, copying, downloading, accessing or otherwise using the Software Product, you agree to be bound by the terms of this ELA. If you do not agree to the terms of this ELA, do not install, access or use the Software Product.
Software Product License.
The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold.
1. Grant of License.
For the limited time period specified in Section 1.3 below, Radica grants you the following rights, provided that you comply with all terms and conditions of this Evaluation License:
1.1 Use.
Radica grants You a limited, non-exclusive, non-transferable, royalty-free license to install and use one copy of the Software Product on a single computer, device, workstation, terminal, or other digital electronic or analog device ("Device") solely to evaluate the Software Product, test its compatibility with other products and provide feedback to Radica during the time period identified in Section 1.3 of this Evaluation License. Upon expiration of the permitted time period, Your rights to the Software Product ends and You must remove and destroy all copies of the Software Product and any components thereof from your Device. If You desire to use the Software Product after the completion of the permitted time period specified in Section 1.3 of this Evaluation License, You will need to acquire a valid, non-evaluation license to the Software Product.
1.2 Alternative License Grant for Storage/Network Use.
As an alternative to the rights granted in the previous section, You may store or install the Software Product on a storage Device, such as a network server, used only to install or run the Software Product on a single computer over an internal network within Your organization for testing, evaluation and providing feedback to Radica during the time period identified in Section 1.3 of this Evaluation License. A license for the Software Product may not be shared or used concurrently on different Devices.
1.3 Permitted Time Period.
YOUR RIGHT TO USE THE SOFTWARE PRODUCT SHALL BE EFFECTIVE FROM THE DATE YOU FIRST INSTALL ANY PORTION OF THE SOFTWARE PRODUCT ON ANY DEVICE AND SHALL CONTINUE FOR A PERIOD OF THIRTY (30) DAYS, AT WHICH TIME YOUR RIGHTS SHALL CEASE. THE SOFTWARE PRODUCT IS TIME SENSITIVE AND WILL NOT FUNCTION AFTER APPROXIMATELY 30 DAYS. DEPENDING ON THE CONFIGURATION OF YOUR DEVICE AND OTHER DETAILS, THE SOFTWARE PRODUCT MIGHT STOP FUNCTIONING BEFORE THE EXPIRATION OF THE 30 DAY PERIOD. NOTICE OF EXPIRATION MIGHT NOT BE GIVEN, SO YOU NEED TO PLAN FOR THE EXPIRATION DATE AND MAKE A COPY OF AND REMOVE YOUR IMPORTANT DATA BEFORE EXPIRATION. If you desire to use the Software Product after your evaluation is completed, you will need to acquire a validly licensed copy of the non-evaluation version of the Software Product.
1.4 The Software Product is NOT FOR PRODUCTION USE.
You may not demonstrate, test, examine, evaluate or otherwise use the Software Product in a live operating environment or with data that has not been sufficiently backed up.
1.5 Other Licenses.
Your use of software and content that may be accessed through use of the Software Product may require additional licenses -- please consult the license agreement accompanying such software and content.
1.6 Reservation of Rights.
Radica reserves all rights not expressly granted to you in this Evaluation License.
2. Demand for Examination.
Radica hereby requests that you fully examine the Software Product during the term of this Evaluation License so that you will be fully familiar with it before obtaining a copy of the non-evaluation version of the Software Product if you choose to obtain a copy of the non-evaluation version. Only your full examination during the evaluation period will determine whether or not the non-evaluation version will be merchantable or fit for your particular purposes.
3. Additional Limitations.
You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, lend or transfer the Software Product, or Your license to the Software Product, or host the Software Product for third parties. The Software Product is licensed as a single product; its component parts may not be separated for use on more than one computer. You may not disclose the results of any benchmark test of the Software Product to any third party without Radica's prior written approval. The Software Product may include copy protection technology to prevent the unauthorized copying of the Software Product or may require original media for use of the Software Product on the Device; it is illegal to make unauthorized copies of the Software Product or to circumvent any copy protection technology included in the Software Product.
4. Consent to use data.
Radica is not obliged to provide technical or other support for the Software Product. However, if Radica provides any support services to You, You agree that Radica and its affiliates may collect and use technical information you provide as a part of any such support services related to the Software Product. Radica agrees not to use this information in a form that personally identifies you.
5. Termination.
Without prejudice to any other rights, Radica may terminate this Evaluation License if You fail to comply with the terms and conditions of this Evaluation License. In such event, You must destroy all copies of the Software Product and all of its component parts.
6. Intellectual Property Rights.
All title and copyrights in and to the Software Product (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by Radica or its suppliers. All title and intellectual property rights in and to the content that is not contained in the Software Product, but that may be accessed through use of the Software Product, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties; this Evaluation License grants you no rights to any such content. If this Software Product contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation; You may not copy the printed materials accompanying the Software Product. The Software Product is protected by copyright laws and international treaty provisions. Therefore, You must treat the Software Product like any other copyrighted materials except that You may either (a) make one copy of the Software Product solely for backup or archival purposes or (b) install the Software Product on a single computer provided You keep the original solely for backup or archival purposes. You may not copy any printed materials accompanying the Software Product.
7. Disclaimer of warranties.
To the maximum extent permitted by applicable law, Radica and its suppliers provide the Software Product and any (if any) support services related to the Software Product ("Support Services") AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software Product, and the provision of or failure to provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT.
8. Exclusion of incidental, consequential and certain other damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RADICA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EVALUATION LICENSE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF RADICA OR ANY SUPPLIER, AND EVEN IF RADICA OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Limitation of liability and remedies.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Radica and any of its suppliers under any provision of this Evaluation License and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Software Product. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Questions.
Should you have any questions concerning this Evaluation License, or if you desire to contact Radica for any reason, please contact the Radica subsidiary serving your country/region, or write: Radica Software Sdn. Bhd., 25A, Jalan Greentown 3, Greentown Nova, 30450 Ipoh, Perak, Malaysia.