Obtaining your NCD PC-Xware evaluation software is a four-step process:
Which version do you want?
YOUR RECEIPT OF AN ACTIVATION KEY AND/OR USING THE SOFTWARE
INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT.
We grant you a personal, non-transferable and non-exclusive right to
use the Products and specifically the Software, free of charge, on the
Designated System for the sole purpose of Product evaluation.
The term of this Agreement and the evaluation period will expire on
as per the provided authorization code. This Agreement's term may be
extended by our mutual written agreement.
You shall be responsible for all Product damages or losses arising
out of your use of the Product. Both of us agree that NCD shall hold
all title to the Product during this Agreement's term.
The Software, and all patents, copyrights, trade secrets and trademarks
embodied in or associated with the Products are proprietary to us and
our Suppliers. No title to or ownership in these items is conveyed to
you or any third party. Software may only be used on Designated Systems.
The Software is protected by the copyright laws of the United States
and international copyright treaties. The Software may not be reverse
compiled, reverse assembled, copied or modified except as stated in
this Agreement. You may not create derivative works based on the Software.
This Agreement does not grant you any right to any enhancement or update.
You may make one (1) copy of the Software for archival purposes, all
of which must be destroyed or returned to NCD on termination of this
Agreement. You must retain, reproduce and abide by all proprietary rights
notices, serial numbers and other notices on the Products and any copies.
We shall be entitled to appropriate injunctive relief in the event of
any unauthorized disclosure or use.
YOU RECOGNIZE THAT THE PRODUCT MAY HAVE DEFECTS OR DEFICIENCIES
INCAPABLE OF BEING CORRECTED BY NCD. YOU ACKNOWLEDGE THAT THE PRODUCT
IS BEING PROVIDED BY NCD ON AN "AS-IS" BASIS. NEITHER WE NOR
ANY OF OUR SUPPLIERS MAKE ANY WARRANTIES, ORAL OR WRITTEN, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, CONCERNING THE PRODUCT OR THIS
AGREEMENT. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY
KIND, INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, ARISING OUT OF THIS AGREEMENT OR FROM USE OR
PERFORMANCE OF THE PRODUCT.
You acknowledge that the export of the Software to certain countries
is subject to export and import control. You agree to abide by all laws
and treaties governing the export or re-export of the Software and shall
not export, directly or indirectly, any Software relating thereto without
first obtaining all necessary approvals and licenses from the U.S. Department
of Commerce and any other appropriate agency of the United States Government.
This Agreement shall automatically terminate if you fail to abide by
the terms of this Agreement. Additionally, this Agreement shall terminate
after the expiration of the evaluation period or upon NCD's request.
Concurrent with this Agreement's termination, the Software will be rendered
inoperable by us. Consequently, care should be taken that the Software
is not used for any production purposes or mission critical matters.
Use, duplication or disclosure by the Government is subject to restrictions
set forth in subparagraphs (a) through (d) of the Commercial Restricted
Rights clause at FAR 52.227-19 when applicable, or in subparagraph c
(i)(ii) of the Rights in Technical Data and Computer Software clause
at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement.
Contractor/manufacturer is Network Computing Devices, Inc., 350 Bernardo
Avenue, Mountain View, California 94043.
This Agreement constitutes the complete and exclusive statement of
the agreement between the parties and supersedes all prior agreements
and understandings concerning the subject matter of this Agreement.
No employee of either party, other than an authorized officer, shall
have the authority to modify the terms of this Agreement. All modifications
shall be in writing. This Agreement, and all transactions under it,
shall be governed and construed by the laws of California, excluding
its conflict of law rules. Neither this Agreement, nor any license or
rights or obligations under this Agreement, may be assigned or delegated,
and any such attempted assignment or delegation shall be void.