ARCONICS LIMITED
This is a copy of the License Agreement included with the 30-Day Evaluation License for Arconics IA Builder(TM) and Publish Port(TM) software.
IMPORTANT- PLEASE READ CAREFULLY:
This Arconics Evaluation License Agreement ("Evaluation License") is a legal agreement between you (either an individual or a single entity) and Arconics Limited for the Arconics software product identified above that accompanies this Evaluation License, which includes computer software and may include associated media, printed materials, and online or electronic documentation ("Product").
BEFORE YOU USE THE PRODUCT, CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. BY DOWNLOADING AND INSTALLING OR USING THE PRODUCT YOU BECOME BOUND TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR USE THE PRODUCT. IF YOU ARE READING THIS IN AN ELECTRONIC FORM, CLICK "I DO NOT AGREE" AT THE END OF THIS AGREEMENT.
1.EDITIONS OF THE SOFTWARE. The editions of Software covered by this Agreement are Arconics Publish Port and Arconics IA Builder.
2.GRANT OF LICENSE. Arconics grants you the following rights provided you comply with all terms and conditions of this Evaluation License for the LIMITED PERIOD specified below:
a. Download and Installation. You may download and install the Product on a single computer only, solely for purposes of demonstration, testing, examination and evaluation of the Product. You may not separate component parts of the Product for use on more than one computer. You may not install the Product (or any component thereof) on more than one computer.
b. Reproduction. You may not remove any proprietary notices or labels on the Software. You may not reproduce, rent, lease or in any other manner redistribute the Software, or any portion thereof, without the prior written consent of Arconics
c. Redistribution. You may not redistribute the Software in any form, manner, medium or channel, either in stand-alone form, or bundled or integrated with any software or hardware product.
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d. YOUR RIGHT TO USE THE PRODUCT SHALL BE EFFECTIVE FROM THE DATE THE LICENSE IS GRANTED FOR A PERIOD OF THIRTY (30) DAYS. THE PRODUCT IS TIME SENSITIVE AND WILL NOT FUNCTION UPON EXPIRATION OF THE 30 DAY PERIOD. NOTICE OF EXPIRATION WILL NOT ACTIVELY BE GIVEN, THEREFORE PLEASE ENSURE YOU SECURE A COPY OF AND REMOVE YOUR IMPORTANT DATA BEFORE EXPIRATION.
If you require use of the Product after your evaluation is completed, you will need to acquire a license for the full version of the Product.
e. THE PRODUCT IS NOT FOR LIVE OR PRODUCTION USE. You may not demonstrate, test, examine, evaluate or otherwise use the Product in a live operating environment or with data that has not been sufficiently backed up.
f. Other Licenses. Your use of software applications installed on your computer may require additional licenses - PLEASE CONSULT THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
g. Reservation of Rights. Arconics reserves all rights not expressly granted to you in this Evaluation License.
3.ADDITIONAL LIMITATIONS. You may not modify, decipher, reverse engineer, decompile, or disassemble the 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 Product. You may not disclose the results of any benchmark test of the Product to any third party without Arconics' prior written approval.
4.DEMAND FOR EXAMINATION. Arconics hereby requests that you fully evaluate the Product during the term of this Evaluation License so prior to acquiring the full license for the product you are satisfied that the product will be merchantable or fit for your particular purposes.
5.INTELLECTUAL PROPERTY RIGHTS. The Product is protected by copyright and other intellectual property laws and treaties. Arconics own the title, copyright, and other intellectual property rights in the Product (including but not limited to patent, copyright, trademark and trade secret rights in and to the Product). All product names, designs and logos associated with the Software are trademarks of Arconics. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This License gives you no rights to such content. THE PRODUCT IS LICENSED, NOT SOLD.
6.CONSENT TO USE OF DATA. You agree that Arconics and its affiliates may collect and use technical information you provide as a part of support services related to the Product. Arconics agrees not to use this information in a form that personally identifies you.
7.APPLICABLE LAW. This Evaluation License shall be governed by and construed in accordance with the laws of Ireland.
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8.DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARCONICS AND ITS SUPPLIERS PROVIDE THE PRODUCT AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE 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, OFRESULTS, OR WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE 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 PRODUCT.
9.EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARCONICS 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 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 ARCONICS OR ANY SUPPLIER, AND EVEN IF ARCONICS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.LIMITATION OF LIABILITY AND REMEDIES. NOT WITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT (OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF ARCONICS AND ANY OF ITS SUPPLIES UNDER ANY PROVISION OF THIS EVALUATION LICENSE AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOUR FOR THE PRODUCT OF EURO 5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
Should you have any questions concerning this Evaluation License, or if you desire to contact Arconics for any reason, please contact Arconics by e-mail at support@arconics.com
Copyright (c) 2001. Arconics Limited. All Rights Reserved. Other product and company names appearing in Arconics products and materials are used for identification purposes only and may be trademarks or registered trademarks of their respective companies. Registered and unregistered trademarks used in any Arconics products and materials are the exclusive property of their respective owners.
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