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BY DOWNLOADING, COPYING, OR OTHERWISE USING THE SOFTWARE WITH WHICH THIS LICENSE AGREEMENT IS PROVIDED (THE "SOFTWARE"), YOU OR THE ENTITY YOU REPRESENT ("LICENSEE") ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS LICENSE AGREEMENT ("AGREEMENT").
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN YOU MAY NOT DOWNLOAD THE SOFTWARE AND MUST DELETE ANY COPIES THAT YOU HAVE ALREADY DOWNLOADED.
IF LICENSEE IS AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND LICENSEE. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Subject to the terms of this Agreement, Aspect Build Systems, Inc. (“Aspect”) hereby grants Licensee (and only Licensee) a limited, non-sublicensable, non-transferable, royalty-free, nonexclusive license to use the Software only in Licensee’s organization and only in accordance with any documentation that accompanies it.
(i) an individual (and only for personal use),
(ii) a Small Business (as defined below), or
(iii) a non-profit entity or an academic or university institution.
A “Small Business” is any entity with fewer than 50 total employees (including, for purposes of such calculation, all employees of any entities affiliated with such entity).
(i) copy, distribute, rent, lease, timeshare, operate a service bureau with, use commercially or for the benefit of a third party, the Software,
(ii) reverse engineer, disassemble, decompile, attempt to discover the source code or structure, sequence and organization of, or remove any proprietary notices from, any non-source forms of the Software.
As between the parties, title, ownership rights, and intellectual property rights in and to the Software, and any copies or portions thereof, shall remain in Aspect and its suppliers or licensors. Licensee understands that Aspect may modify or discontinue offering the Software at any time. The Software is protected by the copyright laws of the United States and international copyright treaties.
This Agreement does not grant any rights not expressly granted herein.
Licensee may provide any feedback, suggestions, or comments to Aspect regarding the Software (“Feedback”). Licensee hereby grants Aspect a nonexclusive, perpetual, worldwide, royalty-free, fully paid-up, sublicensable, transferable license to use, make available and otherwise exploit the Feedback for any purpose.
This Agreement does not entitle Licensee to any support, upgrades, patches, enhancements, or fixes for the Software (collectively, “Support”). Any such Support for the Software that may be made available by Aspect shall become part of the Software and subject to this Agreement.
ASPECT PROVIDES THE SOFTWARE “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND ASPECT HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL ASPECT OR ITS LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, DAMAGES RESULTING FROM LICENSEE’S USE OF THE SOFTWARE.
Licensee may terminate this Agreement and the license granted herein at any time by destroying or removing from all computers, networks, and storage media all copies of the Software. Aspect may terminate this Agreement and the license granted herein immediately if Licensee breaches any provision of this Agreement. Upon receiving notice of termination from Aspect, Licensee will destroy or remove from all computers, networks, and storage media all copies of the Software. Sections 2 through 9 shall survive termination of this Agreement
Licensee shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”), or other United States or foreign agency or authority, and not to export, or allow the export or re-export of the Software in violation of any such restrictions, laws or regulations. By downloading or using the Software, Licensee is agreeing to the foregoing and Licensee is representing and warranting that Licensee is not located in, under the control of, or a national or resident of any restricted country or on any such list
Licensee shall comply with all applicable export laws, restrictions and regulations in connection with Licensee’s use of the Software, and will not export or re-export the Software in violation thereof. This Agreement is personal to Licensee and Licensee shall not assign or transfer the Agreement or the Software to any third party under any circumstances.
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties.
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
This Agreement shall be governed by and construed under California law as such law applies to agreements between California residents entered into and to be performed within California.
