![]() Licensee is responsible and liable for all uses of the Software and Documentation resulting from access provided by Licensee, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement.Ħ. Licensor shall deliver the Software to Licensee electronically.ĥ. Licensee acknowledges that, as between Licensee and Licensor, Licensor owns all right, title, and interest, including all intellectual property rights, in and to the Software and Documentation.Ĥ. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Licensee or any third party any intellectual property rights or other right, title, or interest in or to the Software or Documentation. Licensor reserves all rights not expressly granted to Licensee in this Agreement. Without limiting the foregoing and except as otherwise expressly set forth in this Agreement, Licensee shall not at any time, directly or indirectly: (a) copy, modify, or create derivative works of the Software or the Documentation, in whole or in part, or use the Software as the basis for the preparation of other software programs (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software, the Documentation or derivative works thereof (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Software, in whole or in part (d) remove any proprietary notices from the Software or the Documentation or (e) use the Software in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of Licensor or any person, or that violates any applicable law.ģ. Licensee shall not use the Software or Documentation for any purposes beyond the scope of the license granted in this Agreement. This Agreement does not provide a commercial license and Licensee's use of the Software for commercial and productive purposes is subject to the parties' entering into and executing a separate commercial license agreement.Ģ. Licensee will not use the Software for any purpose other than evaluating and testing such Software internally in connection with assessing whether Licensee desires to enter into a commercial license agreement with Licensor for the Software. Subject to the terms and conditions of this Agreement, Licensor hereby grants Licensee a non-exclusive, non-sublicensable, and non-transferable license to: (a) use the Software in object code format solely for Licensee's internal evaluation and (b) use any user manuals, or installation guides relating to the Software provided by Licensor to Licensee with the Software (the "Documentation") solely for Licensee's internal evaluation purposes in connection with Licensee's use of the Software. ![]() IF LICENSEE DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, LICENSOR WILL NOT AND DOES NOT LICENSE THE SOFTWARE TO LICENSEE AND YOU MUST NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE OR DOCUMENTATION.ġ. BY CHECKING THE "ACCEPT" BOX ON THE REQUEST FORM, YOU (A) ACCEPT THIS AGREEMENT AND AGREE THAT LICENSEE IS LEGALLY BOUND BY ITS TERMS AND (B) REPRESENT AND WARRANT THAT: (I) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT AND (II) IF LICENSEE IS A CORPORATION, GOVERNMENTAL ORGANIZATION, OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF LICENSEE AND BIND LICENSEE TO ITS TERMS. LICENSOR PROVIDES THE SOFTWARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND ON THE CONDITION THAT LICENSEE ACCEPTS AND COMPLIES WITH THEM. As used herein, “Software” means the evaluation version of the DSR software identified on the Request Form. This Software Evaluation License Agreement, (this "Agreement"), is a binding agreement between Data Storage Research, LLC d/b/a DSR Corporation, a Colorado S-Corporation company with offices located at 1536 Cole Blvd Suite 325, Golden, CO 80401 ("Licensor") and the person or entity identified on the Download Request Form (the “Request Form’) as the licensee of the Software ("Licensee" or “You”). Terms and Conditions & User License Agreement
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