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Accept Trial License Agreement
Commit Consulting Trial License Terms
The Trial License Terms below supercede any previous Trial License Terms
“We,” “us,” and “our” refers to Commit Consulting, for and on behalf of itself and its subsidiaries and affiliates under common control. “You” and “your” refers to the individual or entity that wishes to use the programs from Commit Consulting. “Programs” refers to the Commit Consulting software product you wish to download and use and program documentation. “License” refers to your right to use the programs under the terms of this agreement. This agreement is governed by the substantive and procedural laws of the Netherlands. You and Commit Consulting agree to submit to the exclusive jurisdiction of, and venue in, the courts of the Netherlands in any dispute arising out of or relating to this agreement.
We are willing to license the programs to you only upon the condition that you accept all of the terms contained in this agreement. Read the terms carefully and select the “Accept Trial License Agreement” button to confirm your acceptance. If you are not willing to be bound by these terms, do not continue the registration or download process.
LICENSE RIGHTS
We grant you a nonexclusive, nontransferable limited license to use the programs only for the purpose of developing a single prototype of your application, and not for any other purpose. If you use the application you develop under this license for any internal data processing or for any commercial or production purposes, or you want to use the programs for any purpose other than as permitted under this agreement, you must contact us, or a Commit Consulting reseller, to obtain the appropriate license. We may audit your use of the programs. Program documentation may be accessed online at http://www.commit-consulting.com/support/.
Ownership and Restrictions
We retain all ownership and intellectual property rights in the programs. The programs may be installed on one computer only, and used by one person in the operating environment identified by us. You may make one copy of the programs for backup purposes.
You may not:
- use the programs for your own internal data processing or for any commercial or production purposes, or use the programs for any purpose except the development of a single prototype of your application;
- use the application you develop with the programs for any internal data processing or commercial or production purposes without securing an appropriate license from us, or a Commit Consulting reseller;
- continue to develop your application after you have used it for any internal data processing, commercial or production purpose without securing an appropriate license from us, or a Commit Consulting reseller;
- remove or modify any program markings or any notice of our proprietary rights;
- make the programs available in any manner to any third party;
- use the programs to provide third party training;
- assign this agreement or give or transfer the programs or an interest in them to another individual or entity;
- cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the programs;
- disclose results of any program benchmark tests without our prior consent.
Disclaimer of Warranty and Exclusive Remedies
THE PROGRAMS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND EUROS (EUR 1,000).
No Technical Support
Our technical support organization will not provide technical support, phone support, or updates to you for the programs licensed under this agreement. You can use our community support forum at http://www.commit-consulting.com/forum/
End of Agreement
You may terminate this agreement by destroying all copies of the programs. We have the right to terminate your right to use the programs if you fail to comply with any of the terms of this agreement, in which case you shall destroy all copies of the programs.
Relationship Between the Parties
The relationship between you and us is that of licensee/licensor. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity. Nothing in this agreement shall be construed to limit either party’s right to independently develop or distribute software that is functionally similar to the other party’s products, so long as proprietary information of the other party is not included in such software.
Open Source
“Open Source” software - software available without charge for use, modification and distribution - is often licensed under terms that require the user to make the user’s modifications to the Open Source software or any software that the user ‘combines’ with the Open Source software freely available in source code form. If you use Open Source software in conjunction with the programs, you must ensure that your use does not: (i) create, or purport to create, obligations of us with respect to the Commit Consulting programs; or (ii) grant, or purport to grant, to any third party any rights to or immunities under our intellectual property or proprietary rights in the Commit Consulting programs. For example, you may not develop a software program using an Commit Consulting program and an Open Source program where such use results in a program file(s) that contains code from both the Commit Consulting program and the Open Source program (including without limitation libraries) if the Open Source program is licensed under a license that requires any “modifications” be made freely available. You also may not combine the Commit Consulting program with programs licensed under the GNU General Public License (”GPL”) in any manner that could cause, or could be interpreted or asserted to cause, the Commit Consulting program or any modifications thereto to become subject to the terms of the GPL.
Entire Agreement
You agree that this agreement is the complete agreement for the programs and licenses, and this agreement supersedes all prior or contemporaneous agreements or representations. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
Last updated: 4 February 2008
Should you have any questions concerning this License Agreement, or if you desire to contact Commit Consulting for any reason, please contact us at http://www.commit-consulting.com/contact/
Commit Consulting may contact you to ask if you had a satisfactory experience installing and using this software download.
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