Software Evaluation Agreement
THE TERMS AND CONDITIONS CONTAINED HEREIN CONSTITUTE A LEGAL AGREEMENT. THIS AGREEMENT (“AGREEMENT”) CONTAINS THE ENTIRE AGREEMENT BETWEEN YOU LICENSEE ("YOU") AND ION, d.o.o. (“CrossBox”) WITH RESPECT TO THE TERMS AND CONDITIONS DESCRIBED HEREIN. READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING/INSTALLING THE PRODUCT, YOU ACKNOWLEDGE THAT (1) YOU ARE AUTHORIZED TO ENTER THIS AGREEMENT FOR AND ON BEHALF OF YOUR COMPANY, AND ARE DOING SO, AND (2) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU AND THE COMPANY SHALL BE BOUND BY THESE TERMS AND CONDITIONS AND ALL MODIFICATIONS AND ADDITIONS PROVIDED FOR
1. License Grant
CrossBox grants you a limited, non-exclusive, non-transferable license to use, for evaluation/non-production purposes only, the CrossBox software program(s) (the “Software”) and related product documentation at no charge subject to the terms and restrictions set forth in this License Agreement. You are not permitted to use the Software in any manner not expressly authorized by this License. You acknowledge and agree that ownership of the Software and all subsequent copies thereof regardless of the form or media are held by CrossBox.
2. Term of Agreement
Your license is effective until terminated by CrossBox (at CrossBox’s sole discretion and without notice). The License will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. At termination you shall cease all use of the Software and destroy all copies, full or partial of the Software.
3. Ownership Rights
The Software and related documentation are protected by copyright laws and international treaties. CrossBox, third party component providers and open source component providers own and retain all right, title and interest in and to the Software and related documentation, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein.
4. Use of Name and Trademarks
You shall not use the name, trade names or trademarks of CrossBox or any of its affiliates in any advertising, promotional literature or any other material, whether in written, electronic or other form.
(A) You may not rent, lease, lend, redistribute or sublicense the Software. You may not copy the Software except to make archival or backup copies, provided that the backup copy must include all copyright or other proprietary notices contained on the original. You may not copy the related product documentation. You may not modify, reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law.
(B) You may not expect or request support during the evaluation period. CrossBox may reply to such requests at CrossBox’s sole discretion.
(C) Certain components of the Software are provided under various Open Source licenses that have been made available to CrossBox. You may modify or replace only these Open-Sourced Components; provided that (i) the resultant Software is used in place of the unmodified Software, on a single computer; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. CrossBox is not obligated to provide any maintenance, technical or other support for the resultant Software.
6. Exclusion of Warranties
THE SOFTWARE IS PROVIDED TO LICENSEE “AS IS”, AND ANY USE BY LICENSEE OF THE SOFTWARE WILL BE AT LICENSEE’S SOLE RISK. CROSSBOX MAKES NO WARRANTIES RELATING TO THE SOFTWARE AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. Limitation of Liability
IN NO EVENT SHALL CROSSBOX BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE CROSSBOX SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CROSSBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You may not assign or transfer this Agreement, in whole or in part, without CrossBox’s prior written consent. Any attempted assignment or transfer in violation of this Section will be null and void.
9. Third Party Acknowledgements
(A) Aspects of the Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are available when accessing the Software on the CrossBox website, and your use of such material is governed by their respective terms.
(B) The Software includes certain software provided under various Open Source licenses. You may obtain complete machine-readable copies of the source code and licenses for the Open Source software at the CrossBox Open Source website (https://crossbox.io/oslicenses). Open Source Software is distributed WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE
If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions of this Agreement shall not in any way be affected or impaired.
11. Entire Agreement
This Agreement is the entire agreement between you and CrossBox concerning the Software and all related documentation and supersedes any other prior or contemporaneous agreements or communications with respect to the Software and related documentation, whether written or oral.