End user agreement for Bluetooth File Transfer Beta
Grant of License
Annectere Inc. grants to you a non-exclusive, non-transferable license, without right to sublicense, distribute or modify, for you and your employees to use the enclosed software and related documentation (collectively the "Product") as delivered by Annectere Inc. only at one location for the testing and evaluation. If the terms of this license agreement are violated, Annectere Inc. immediately terminates said license and the customer is subject to the liability of any harm done to Annectere Inc.
The product is copyrighted by Annectere Inc. Annectere Inc. retains all rights, title, and ownership of the Product and all subsequent full or partial copies and derivatives of the Product, made by you or Annectere Inc., including translations, compilations, partial copies, modifications, updates and know-how in connection there with, regardless of the form or media in or on which the same may exist. This license is not a sale of the Product or any copy or derivative. You shall have no right to reproduce any full or partial copies of the Product. You agree not to take any steps, such as reverse assembly or reverse compilation, to derive a source code equivalent of any software contained in the product. You also agree to destroy licensed data in all forms upon termination of said license or receipt of released program code.
You agree that the product, and other information, technical data, or know-how (including documentation) related to the Product (including the existence of the product and the results of use or testing), shall be considered Confidential Information of Annectere Inc. You agree to protect the confidentiality of all Confidential Information of Annectere Inc., and not to disclose the Confidential Information to any other party without the written permission of Annectere Inc. Unauthorized use or disclosure of the Product may cause irreparable harm to Annectere Inc. You agree promptly to report any unauthorized use or disclosure to Annectere Inc.
YOU UNDERSTAND THAT THIS PRODUCT IS A PRE-RELEASE VERSION ONLY, IS STILL UNDERGOING TESTING AT Annectere Inc., AND IS NOT AN Annectere Inc. PRODUCTION-RELEASED PRODUCT. THE PRODUCT IS PROVIDED "AS IS". THERE ARE NO WARRANTIES UNDER THIS AGREEMENT, AND Annectere Inc. DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE
Limitation of Liability
IN NO EVENT SHALL Annectere Inc. BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES PURSUANT TO THIS AGREEMENT.
This is Beta test software, and as such, WILL CONTAIN BUGS AND MAY CAUSE DATA LOSS. The Beta Software is licensed to you solely for testing purposes. You may install the Beta Software on a single computer for your use to test the Beta Software and you may make a single copy of the Beta Software in machine readable form solely for back-up purposes.
The Beta Software needs to be activated with a personal license key that can be received from the Beta Software activation page (http://www.annectere.com/activation) accessed through the About Dialog of the Beta Software. To receive the activation key, you need to create an account for the activation page using your true identity. YOU AGREE NOT TO PASS YOUR PERSONAL ACTIVATION KEY OR YOUR ACTIVATED VERSION OF BETA SOFTWARE TO ANYBODY ELSE.
Terms and Termination
This Agreement will automatically expire after the cessation of the Evaluation Period or on the first day Annectere Inc. makes available the production version of the Beta Software (as announced on the Annectere Inc. web site www.annectere.com), unless earlier terminated as set forth below in this clause. Annectere Inc. may terminate this Agreement at any time without notice. This Agreement shall terminate automatically, without notice, if you fail to comply with the terms of this Agreement. Upon the expiration or termination of this Agreement, you shall discontinue use of the Beta Software and uninstall and destroy all copies of the Beta Software you have obtained or made.
Proprietary Rights Exclusion
Annectere Inc. makes no representation or warranty that the Product, or products developed using the Product, do not infringe any proprietary rights of any third parties. You shall assume sole responsibility for any such infringement.
You hereby agree to indemnify, defend and hold Annectere Inc. harmless from and against any and all claims, actions, suits, liabilities, judgments, losses, damages, attorneys' fees and other expenses of every nature and character by reason of this Agreement or use by you of products utilizing the Product.
You shall not export, directly or indirectly, any Product or products developed using the Product to any country for which the laws of the United States or the regulations of any U.S. agency requires an export license or other governmental approval, without first obtaining such license or approval. You shall strictly comply with all such restrictions. You agree to indemnify and hold Annectere Inc. harmless against all losses, damages, penalties, or causes of action resulting from a violation of this Section.
The validity, performance, construction and interpretation of this Agreement shall be governed by laws of The United States of America.