SOFTWARE LICENSE AGREEMENT FOR TRIAL VERSION (v2.5nparinc)
THIS SOFTWARE LICENSE (“LICENSE”) IS AN AGREEMENT BETWEEN YOU, THE END USER (HEREIN REFERRED TO INTERCHANGEABLY AS “YOU” OR “CUSTOMER”) AND PROG4BIZ LTD , OR THE APPLICABLE PROG4BIZ AFFILIATE (“PROG4BIZ”) INCLUDING BUT NOT LIMITED TO PROG4BIZ SOFTWARE INC GOVERNING YOUR RIGHTS TO USE THE LICENSED SOFTWARE.
“LICENSED SOFTWARE” MEANS BOOKITLAB SOFTWARE PRODUCTS ACCESSIBLE AND/ OR DOWNLOADABLE FROM BOOKITLAB TRIAL WEBSITE.
LICENSE:
Customer shall have the right within a maximum period of 14 days starting from the day when customer receives the trial access credentials.
Customer declares of his intention to evaluate the Licensed Software for his use. Customer shall not use the Licensed Software trial for any other purpose.
The Licensed Software is the property of Prog4biz Ltd, and is protected by intellectual property laws and international treaties. The Licensed Software contains “trade secrets” of PROG4BIZ and/or its suppliers. Such trade secrets include, without limitation, the specific design, structure and logic of individual Licensed Software programs, their interactions with other portions of the Licensed Software, both internal and external, and the programming techniques employed.
Customer declares that he will not pass any trial credentials or any materials deducted from this trial including screenshots and diagrams to any other person not specifically declared in the signature of this document.
Reproduction, or any unauthorized use of this Licensed Software, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
Customer is granted no title or ownership rights in or to the Licensed Software or any copies thereof, in whole or in part, and Customer acknowledges that title to the Licensed Software and any copies thereof and to all copyrights, patents, trade secrets and any other intellectual property rights to and in the Licensed Software and associated documentation are and shall remain the property of PROG4BIZ and/or PROG4BIZ’s suppliers.
To the extent Licensed Software is furnished for use with designated hardware or Customer Furnished Equipment(“CFE”), Customer is granted a nonexclusive license to use Licensed Software only on such hardware or CFE, as applicable.
All grants of rights to intellectual property intended to be accomplished by this License are explicitly stated. No other grants of rights shall be inferred or shall arise by implication.
PROG4BIZ may audit the usage of the licensed software by remote polling or other reasonable means to determine Customer’s activation or usage levels for Licensed Software.
Upon termination of this License, customer shall destroy all copies of the Licensed Software and associated documentation, including any screenshots, diagrams and deducted materials from the trial.
Customer shall not reverse engineer, disassemble, reverse translate, decompile, or in any other manner decode the Licensed Software in order to derive the source code from it or for any other reason.
If Customer breaches this License, then this License may be immediately terminated by PROG4BIZ without prejudice to any other rights and remedies that PROG4BIZ may have at law or equity.
Customer’s obligations to hold the Licensed Software in confidence and to otherwise protect PROG4BIZ’s trade secrets and other proprietary rights in the Licensed Software, as provided in this License, shall survive the termination of this License.
THE LICENSED SOFTWARE IS PROVIDED BY PROG4BIZ AND ITS SUPPLIERS “AS IS.” WITH RESPECT TO THE LICENSED SOFTWARE, PROG4BIZ AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES AND CONDITIONS OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.PROG4BIZ IS NOT OBLIGATED TO PROVIDE SUPPORT OF ANY KIND FOR THE LICENSED SOFTWARE.
IN NO EVENT WILL PROG4BIZ AND/OR PROG4BIZ’S SUPPLIERS OR THEIR DIRECTORS, OFFICERS,EMPLOYEES, OR AGENTS BE LIABLE TO OR THROUGH CUSTOMER FOR INCIDENTAL, INDIRECT, SPECIAL,CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION,LOST PROFITS, LOSS OF BUSINESS OR BUSINESS INFORMATION, BUSINESS INTERRUPTION, OR OTHER ECONOMIC DAMAGE, AND FURTHER INCLUDING INJURY TO PROPERTY, AS A RESULT OF USE OR INABILITY TO USE THE LICENSED SOFTWARE OR BREACH OF ANY OTHER TERM OF THIS LICENSE,REGARDLESS OF WHETHER PROG4BIZ AND/OR PROG4BIZ’S SUPPLIERS WERE ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF.
“PROG4BIZ” means PROG4BIZ Ltd. or the applicable PROG4BIZ affiliate and the rights and obligations arising under this License shall be construed in accordance with the laws of the State of Israel, without reference to any conflict of law provisions. If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof to be unenforceable, such provision of this License shall be enforced to the maximum extent permissible so as to effect the intent of the parties and the remainder of this License shall continue in full force and effect.
This License supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of PROG4BIZ.
