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Demo Terms and Agreement
3DSL SOFTWARE LICENSE AGREEMENT
LIMITED 30-DAY FREE DEMO/TRIAL
LICENSE GRANT AND RESTRICTIONS. STREAMSIM hereby grants you a limited, non-transferable, non-exclusive license to use the Licensed Program in object code format solely for your internal business use on a demonstration/trial basis. No license fee is charged for this demo/trial license. You shall not: (i) modify or create any derivative works of the Licensed Program or documentation, including translation or localization; (ii) modify the Licensed Program or reverse assemble, disassemble, decompile, or otherwise attempt to derive source code from the software; (iii) redistribute, encumber, sell, rent, lease, sublicense, assign or otherwise transfer rights to the Licensed Program; or (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Licensed Program. You shall be exclusively responsible for the supervision, management and control of the use of the Licensed Program. You are solely responsible for your selection of the Licensed Program to achieve your desired results, for its installation, management, operation, use, maintenance and upgrading, and for the results obtained from using the Licensed Program. You shall not provide, disclose or otherwise make available the Licensed Program, or any part thereof, in any form, to any person or entity other than your employees without the prior written consent of STREAMSIM. You shall use your best efforts to safeguard the confidentiality of the Licensed Program and shall take appropriate action by instruction, agreement or otherwise with your employees or affiliates to satisfy your obligations under this Agreement with respect to use and security of the Licensed Program.
TERM. The term of your free demo/trial license is 30 days commencing on the date of first use of the Licensed Program after activation. However, first use must commence within 60 days after you download the Licensed Program; otherwise, your demo/trial period of 30 days will be reduced by the number of days after such 60 day period (i.e. if you do not use the Licensed Program until 62 days after you download, your trial/demo period is valid for only 28 days). At the end of the demo/trial period, the Licensed Program will automatically cease operating. STREAMSIM shall have the right to terminate this license at any time if you breach any provision of this Agreement. You are eligible for only one copy of the demo/trial Licensed Program. Please contact STREAMSIM to activate your trial/demo program, or to obtain a full license to Licensed Program.
OWNERSHIP. The Licensed Program and all related documentation are the proprietary information of and the property of STREAMSIM. STREAMSIM shall retain all right, title and interest, including all intellectual property rights, in and to the Licensed Program and all related software and documentation developed by STREAMSIM. You shall not remove or obscure any of STREAMSIM's proprietary rights notices, or fail to reproduce them on any authorized copies, of the Licensed Program and related documentation in any form.
NO WARRANTY. The Licensed Program is provided to you on an "AS IS" basis. STREAMSIM has no obligation whatsoever to provide any maintenance or support during the term of this 30-day demo/trial period. STREAMSIM MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF THE LICENSED PROGRAM. STREAMSIM SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY. You are solely responsible for the risk that you take in using this demo/trial version of the Licensed Program. IN NO EVENT SHALL STREAMSIM BE LIABLE, WHETHER BASED ON CONTRACT, TORT, WARRANTY OR OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING LOST DATA OR LOST PROFITS) ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE LICENSED PROGRAM, OR THE USE OF LICENSED PROGRAM, EVEN IF STREAMSIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND YOU HEREBY RELEASE STREAMSIM FROM ANY LIABILITY FOR ALL SUCH LOSSES AND DAMAGES. THIS LIMITATION OF LIABILITY SHALL ALSO PROTECT STREAMSIM'S DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, AND SHALL APPLY REGARDLESS OF THE FAULT, NEGLIGENCE OR STRICT LIABILITY OF STREAMSIM AND SUCH OTHER PARTIES.
GOVERNING LAW. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, without reference to conflict of laws principles. Any legal actions arising out of this Agreement shall be brought in San Francisco Country, California.