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JSmartGrid™ 1.1 Trial
License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE
JSMARTGRID™ 1.1 TRIAL PROGRAM ("Program") PROVIDED BY THIS FREE DOWNLOAD.
ELIAD TECHNOLOGIES, INC. ("Eliad") WILL ONLY LICENSE THE PROGRAM TO YOU
IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. YOU SHALL BE DEEMED TO
ACCEPT THE TERMS OF THIS AGREEMENT BY USING THE PROGRAM. IF YOU DO NOT
AGREE TO THE TERMS OF THIS AGREEMENT PROMPTLY DESTROY THE PROGRAM.
The Program is owned by Eliad and is licensed to you,
not sold. Eliad grants you a personal, limited, nontransferable, nonexclusive,
nonsublicensable, revocable license to use the Program no later than February
28, 2002, in a non-production capacity for evaluation purposes only.
The Program consists of machine-readable instructions,
and audio/ content (such as images, text, recordings, or pictures). Eliad
retains all right, title and interest, including, without limitation,
all patent rights, copyrights, trademarks and trade secrets, in and to
the Program and any portion thereof. You may use the Program only on one
machine at any one time.
You may
1) copy the Program for backup or archival purposes and
2) merge the Program into another program as part of your evaluation activities.
You must reproduce the copyright notice and any other
proprietary legend on each copy, or partial copy, of the Program.
You shall not
(i) copy all or any portion of the Program, other than as permitted above;
(ii) decompile, disassemble or otherwise reverse engineer (except to the
extent expressly permitted by applicable law, notwithstanding a contractual
obligation to the contrary) the Program or any portion thereof, or determine
or attempt to determine any source code, algorithms, methods or techniques
embodied in the Program or any portion thereof;
(iii) modify, translate or create any derivative works based upon the
Program;
(iv) distribute, disclose, market, rent, lease, assign, sublicense, pledge
or otherwise transfer the Program, in whole or in part, to any third party
or export the Program outside the Unites States;
(v) remove or alter any copyright, trademark, trade name or other proprietary
notices, legends, symbols, or labels appearing on or in copies of the
Program;
(vi) sublicense, rent or lease the Program;
(vii) use the Program for production purposes; or
(viii) use the Program for any purpose other than in accordance with the
terms and conditions of this agreement
Eliad is under no obligation to support the Program
in any way.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ELIAD IS
PROVIDING THE PROGRAM TO YOU ON AN "AS IS" BASIS. ELIAD MAKES NO WARRANTIES,
EITHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ALL WARRANTIES INCLUDING
WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS OR WARRANTIES ARISING
FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. TO THE EXTENT ALLOWED
BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY: IN NO EVENT SHALL ELIAD
OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS,
LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR DIRECT, INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR OTHER ECONOMIC
LOSS ARISING FROM OR RELATING TO THE PROGRAM, EVEN IF ELIAD HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED.
This Agreement shall be governed by and construed in
accordance with the laws of the State of California, U.S.A., without reference
to its conflicts of law provisions. Any dispute regarding this Agreement
shall be subject to the exclusive jurisdiction of the California state
courts in and for Santa Clara County, California, U.S.A. (or, if there
is federal jurisdiction, the United States District Court for the Northern
District of California), and the parties agree to submit to the personal
and exclusive jurisdiction and venue of these courts.
The license granted to you under this Agreement terminate
no later than February 28, 2002. Promptly upon termination of the license,
you shall destroy all copies of the Program, and portions of the Program,
and materials relating to your evaluation of the Program.
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