ImageCycler Evaluation License

ImageCycler Evaluation License

ImageCycler License
Evaluation Version
Ivertech

Your Agreement to this License

You should carefully read the following terms and conditions before using, installing, copying, distributing, or transmitting this software. By using, installing, copying, distributing, or transmitting ImageCycler, you agree to all of the terms of this agreement ("License").

Please read the license terms below. If you do not agree to all of the terms of this License, then do not use, install, copy, distribute, or transmit ImageCycler.

Scope of License

This is not free software. Subject to the terms below, you are hereby licensed by Ivertech to use one copy of ImageCycler, on one (1) computer or workstation, for evaluation purposes without charge. If you would like to use this software after trying it, a license fee is required.

Subject to all of the terms of this License, you may, without making any payment to Ivertech:

a) give exact copies of this evaluation version of ImageCycler personally to anyone;

b) distribute exact copies of this evaluation version of ImageCycler, if done exclusively through electronic channels; and

c) make as many exact copies of this evaluation version of ImageCycler as you wish, for purposes of distribution as described in (a) and (b) above.

You are specifically prohibited from charging, or requesting donations, for any copies, however made, and from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from Ivertech. Ivertech reserves the right to revoke the above distribution rights at any time, for any or no reason.

All rights of any kind in ImageCycler which are not expressly granted in this License are entirely and exclusively reserved to and by Ivertech. ImageCycler is protected by the United States copyright laws and other applicable laws and treaties. You may not rent, lease, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, ImageCycler, nor permit anyone else to do so. You may not make access to ImageCycler available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so.

Warranty Disclaimers and Liability Limitations

ImageCycler, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Ivertech does not warrant, guarantee, or make any representations regarding the use of, or the results of the use of, ImageCycler. Ivertech does not warrant that the operation of ImageCycler will be uninterrupted or error-free.

Except to the extent expressly prohibited by applicable statutes, Ivertech shall not be liable for any damage or financial loss arising out of the use of, or inability to use, ImageCycler. Any liability of Ivertech will be limited exclusively to refund of the license fee paid to Ivertech. Except to the extent expressly prohibited by applicable statutes, in no event shall Ivertech, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of ImageCycler, or to your relationship with Ivertech, (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages.

In addition, in no event does Ivertech authorize you or anyone else to use ImageCycler in applications or systems where ImageCycler's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or in loss of life. Any such use is entirely at your own risk, and you agree to hold Ivertech harmless from any and all claims or losses relating to such unauthorized use.

Restricted Rights

ImageCycler is provided with "Restricted Rights". Use, modification, duplication, release, performance, display, or disclosure by the U.S. Government or government contractors is subject to the restrictions set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at 48 CFR 52.227-19, and the provisions relating to Rights in Commercial Computer Software or Commercial Computer Software Documentation at 48 CFR 227.7202-3.

Export Restrictions

ImageCycler is subject to certain export restrictions of the United States Government. If you are (a) in a country to which export from the United States is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then you may not install, download, access, use, or license ImageCycler. By accepting this License, you warrant and represent to Ivertech that (1) you do not match the criteria set forth in (a), (b), or (c) above, (2) that you will not export or re- export ImageCycler to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither the United States Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges.

General

This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements. This License shall be governed by the laws of the State of Missouri, without regard to Missouri choice-of-law rules. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in the State of Missouri, and you consent to such jurisdiction and venue. There are no third-party beneficiaries of any promises, obligations, or representations made by Ivertech herein. Any waiver by Ivertech of any violation of this License by you shall not constitute, nor contribute to, a waiver by Ivertech of any other or future violation by you of the same provision, or any other provision, of this License. If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby.