EnFuzion® Software LICENSE AGREEMENT

Evaluation Copy


By pressing the ACCEPT button at the bottom of the page, you agree to comply with the terms of this agreement for use of of the EnFuzion® software.

Use of the EnFuzion® Software is limited to a certain time and is subject to the terms of this Agreement. If you do not agree with the terms and conditions of this Agreement, you should not ACCEPT it and you will not be able to download the key code from the Axceleon Web site.

If you do not purchase a commercial license of EnFuzion, your ability to use the EnFuzion® software will expire after 30 days.

1. Ownership: The EnFuzion® software (the “Software”) is a proprietary product of Axceleon. Axceleon retains ownership of all patents, copyrights, trademarks, trade secrets, and other proprietary rights relating to or residing in the Software. The Software is licensed, not sold, to you for use only under the terms of this Agreement. Except as expressly provided in Section 2, you have no right, title or interest in the Software.

2. License Grant: Subject to the terms of this Agreement, Axceleon grants you a non-exclusive, non-transferable license to reproduce and use the Software, in executable code form only, on any number of computers. If you do not purchase a commercial license, you are prohibited from using the Software after 30 days. All copies of the Software you make must contain all copyright notices and other proprietary rights notices that appear on the original.

3. Restrictions: You may not copy (except as expressly permitted in Section 2), modify, or create derivative works of the Software. You may not distribute, sell, assign, sublicense, lease, loan, rent, timeshare, or otherwise transfer the Software or your license or right to use the Software to any third party. You may not remove or alter any trademark, trade name, logo, patent or copyright notice, or marking on the Software, or add any other notices or markings to the Software. You may not derive or attempt to derive the source code of the Software by any means such as reverse engineering, decompilation, or disassembly. You may not permit or cause anyone else to do any of the foregoing. You must not use the Software in any such application. This license does not permit you install EnFuzion software on Amazon Elastic Compute Cloud (EC2) or GoGrid any Infrastructure as a service(IaaS) offering. You may not create your own Amazon Machine Image (AMI) or any other Cloud image or system image for the IaaS and/or have EnFuzion installed on it.Please contact Axceleon for consideration of requests to create Images or Cloud images with EnFuzion

4. Prohibited Applications: The Software is not designed for use in any nuclear, aviation, mass transit, or medical application, or any other inherently dangerous application that could result in death, personal injury, catastrophic damage, or mass destruction. You must not use the Software in any such application.

5. Warranty Disclaimers. Axceleon does not warrant that the Software will be free from programming errors that cause the Software to fail to perform the material functions of the Software described in the relevant portion of the accompanying user documentation in substantial conformance with such documentation, will meet your requirements, or that your use of the Software will be entirely error-free or uninterrupted. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE DISCLAIMED. Some states do not allow the disclaimer of certain implied warranties, so these disclaimers may not apply to you.

6. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AXCELEON AND ITS SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANY OTHER USER OF THE SOFTWARE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND LOSS OF DATA, ARISING FROM OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SOFTWARE, EVEN IF AXCELEON HAD BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. FURTHERMORE, THE TOTAL, CUMULATIVE LIABILITY OF AXCELEON AND ITS SUPPLIERS IN CONNECTION WITH THIS AGREEMENT AND THE SOFTWARE WILL NOT EXCEED THE AMOUNT OF LICENSE FEES YOU ACTUALLY PAID FOR THE SOFTWARE. These disclaimers and limitations of liability will apply even if the warranty disclaimers in Section 5 above are held invalid. Some states do not allow the disclaimer or limitation of certain damages, so the above disclaimers and limitations may not apply fully to you.

7. Export Control: You must comply fully with all export control laws and regulations of the United States and other countries (“Export Laws”) to assure that neither the Software, nor any direct product thereof, is (a) exported, directly or indirectly, in violation of Export Laws, or (b) used for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons proliferation. Without limiting the generality of the foregoing, you may not use the Software in, or export or re-export the Software to, any country banned by the U.S. State Department. You recognize that if you obtained the Software outside the United States, (i) you may be required to obtain an export license prior to the export or re-export of the Software, and (ii) export or re-export to certain countries may be prohibited. You also recognize that the Software contains encryption technology that may require an export or import license (or both) before the Software is transferred from one country to another.

8. Government End Users: This provision applies only if you are an employee or representative of any branch or agency of the U.S. Government or are otherwise obtaining the Software on behalf of the U.S. Government. The Software consists of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and is provided to the U.S. Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227-7202-1 (JUN 1995) and 227.7202-4 (JUN 1995). U.S. Government end users acquire the Software only with those rights set forth in this Agreement.

9. Termination: Your license to reproduce and use the Software will terminate on its expiration date, or if you breach any term of this Agreement, whichever first occurs. If such termination occurs, you must immediately discontinue all use of the Software, erase all copies of the Software on your computers, and return to Axceleon or destroy all copies of the Software on tangible media within ten (10) days.

10. General. You must comply with all applicable laws (including the laws of your jurisdiction) in using the Software. If any provision of this Agreement is held to be unenforceable, the remaining provisions of this Agreement will continue in full force and effect and the unenforceable provision will be deemed modified to be enforceable to the maximum extent permitted under applicable law. This Agreement will be governed by the laws of the State of California and the United States of America. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. This Agreement is the final, complete, and exclusive agreement between the parties relating to the Software, and supersedes all prior or contemporaneous understandings and agreements, whether oral or written. This Agreement may be amended only by a written document signed by authorized representatives of both parties.

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