HVR SOFTWARE LICENSE AGREEMENT v2017/3a
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE.
BY CLICKING ON THE “ACCEPT” BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, OR USING THE EQUIPMENT THAT CONTAINS THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “DO NOT ACCEPT” BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE.
The HVR Software, any third party software, and documentation accompanying this License (collectively the “HVR Software”) are licensed for use, not sold, to you by HVR Software BV or its authorized resellers (Licensor)
HVR Software BV retains ownership of the HVR Software itself and reserve all rights not expressly granted to you.
- Permitted License Use and Restrictions
Licensor grants to Customer, who hereby accepts, a non-exclusive, non-transferable license to use the HVR Software in accordance with the terms and conditions below unless otherwise agreed in a separate commercial license agreement.
Customer may use the HVR software for business operations purposes only.
Customer will be able to use and evaluate the HVR Software in test environments only for a restricted period. The free evaluation period is granted by licensor by written notification and enforced by a temporary license key.
To use HVR Software on production systems a separate commercial license agreement is needed.
At the termination of the Agreement, Customer shall discontinue to use and destroy or return all copies of the Programs and documentation.
Customer agrees that it shall not: (i) remove or alter any trademark, copyright or other proprietary notice contained on- or in the Software and the Documentation; (ii) grant any rights to third parties with respect to the Software or make the Software and the Documentation in any way available to third parties; (iii) transfer or dispose of the Software and the Documentation; (iv) modify, adapt, translate, re(verse)-engineer, decompile or disassemble the Software, unless allowed by mandatory legal provisions; (v) develop or order third parties to develop any software which is based on the Software; (vi) copy or duplicate the Software and the Documentation or any part thereof, unless for emergency back-up and archiving purposes (which Customer shall perform in accordance with generally accepted principles for backing-up software and data); (vii) Perform and publish benchmarks of the software.
Licensor warrants that the HVR Software will substantially conform to the specifications as contained in the Documentation under circumstances of normal use, provided that the HVR Software has not been modified, any claimed non-conformity is reproducible and the Software is operated in accordance with Licensor’s instructions. Licensor does not warrant that the HVR Software will be uninterrupted or error free. The above warranty shall not be applicable in case
(i) incompetent installation; (ii) repair by Customer or any alterations made without Licensor’s prior written consent; (iii) non-compliance with the conditions of operation as provided for in the Documentation. The above warranty is executed by means of providing support and update services.
Without prejudice to Licensor’s liability under any applicable legal provision, Licensor’s liability shall expressly be limited to the fulfillment of the above warranty obligations. Licensor, its directors, personnel, agents and/or subcontractors shall in no event be liable for any indirect or consequential damages such as, but not limited to, commercial damage (loss of revenue or profit), loss of customers, loss of business opportunities of any kind or nature whatsoever, regardless the foreseeability thereof. Licensor disclaims all representations and warranties, express or implied, including implied warranties of merchantability and fitness for any particular purpose, with respect to the Software and the Documentation. Licensor does not make any representations regarding the use of the Software or Documentation in terms of correctness, accuracy, reliability or otherwise. Licensor shall never be liable for any damage, relating to the loss or mutilation of electronic data and information, nor for restoring of same.
- Governing Law and Dispute Resolution
The Agreement is governed by and will be construed as a sealed instrument in accordance with California law. Venue for any dispute will be California, United States of America. HVR Software requires Customer to comply fully with all relevant export laws and regulations of the United States and other applicable export and import laws. HVR Software reserves the right to audit Customers on
compliancy of their license for using the Software. This Software contains redistributed parts copyrighted by Oracle Corporation.