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CAPITAL INTELLECT, INC.
SOFTWARE TRIAL AGREEMENT
THE TERMS AND CONDITIONS CONTAINED HEREIN CONSTITUTE A LEGAL AGREEMENT.
THIS AGREEMENT (THE "AGREEMENT") CONTAINS THE ENTIRE AGREEMENT BETWEEN YOU AND
CAPITAL INTELLECT, INC. ("CAPITAL INTELLECT") WITH RESPECT TO THE TERMS AND
CONDITIONS DESCRIBED HEREIN. READ THIS AGREEMENT CAREFULLY BEFORE YOU CLICK ON
THE "I ACCEPT" BUTTON BELOW. BY CLICKING ON THE "I ACCEPT" BUTTON, 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 TO BE BOUND BY THESE TERMS AND
CONDITIONS AND ALL MODIFICATIONS AND ADDITIONS PROVIDED FOR. IF YOU DO NOT AGREE
WITH THESE TERMS AND CONDITIONS, CLICK ON THE "I DO NOT ACCEPT" BUTTON BELOW AND
INSTALLATION WILL TERMINATE.
1. License. You are hereby granted a limited, nonexclusive, nontransferable
license (the "License") (1) to install this copy of the Capital Intellect
Secure IE and Private IE (software (the "Software") on one computer for which the software
was designed, and (2) to use this software and the associated user manuals and
documentation delivered by Capital Intellect solely for the trial and evaluation
of the Software. This License does not permit you to use the Software for any
purpose other than as expressly permitted by this Agreement, including without
limitation any use of the Software for productive purposes or deployment of the
Software in any commercial application or in the operation of any Company's
business.
2. Term. Your License is effective fifteen (15) days commencing on the
date you downloaded it unless terminated earlier as set forth herein (the
"Evaluation Period"). The License will terminate automatically if you fail to
comply with any of the limitations or other requirements described herein. At
the end of the Evaluation Period or upon the request of Capital Intellect,
whichever is earlier, you will promptly remove all coding and other vestiges of
the Software from your computer system, and make no further use whatsoever of
the Software, except to the extent that may be permitted under any subsequent
agreements between you and Capital Intellect. Upon completion of the Evaluation
Period or upon the request of Capital Intellect, you shall, provide Capital
Intellect with information regarding the results of the trial, in a format and
level of detail reasonably requested by Capital Intellect.
3. Ownership Rights. The Software is protected by United States patent and
copyright laws and international treaty provisions. Capital Intellect and its
suppliers own and retain all right, title and interest in and to the Software,
including all copyrights, patents, trade secret rights, trademarks and other
intellectual property rights therein. Your possession, installation, or use of
the Software does not transfer to you any title to the intellectual property in
the Software, and you will not acquire any rights to the Software except the
limited right to use it as expressly set forth in this Agreement.
4. Restrictions. You may not rent, lease, loan, resell or otherwise transfer the
Software. You may not permit third parties to benefit from the use or
functionality of the Software via a timesharing, service bureau or other
arrangement. You may not transfer any of the rights granted to you under this
Agreement. You may not reverse engineer, decompile, or disassemble the Software,
except to the extent the foregoing restriction is expressly prohibited by
applicable law. You may not modify, or create derivative works based in whole or
in part upon, the Software. You may not copy the Software or Documentation. You
may not remove any proprietary notices or labels on the Software. All rights not
expressly set forth hereunder are reserved by Capital Intellect. Capital
Intellect reserves the right to periodically conduct audits upon advance written
notice to verify compliance with the terms of this Agreement.
5. Exclusion of Warranties. THE SOFTWARE IS PROVIDED TO LICENSEE "AS IS", AND
ANY USE BY LICENSEE OF THE SOFTWARE DURING THE EVALUATION PERIOD, WHETHER IN A
TEST ENVIRONMENT OR OTHERWISE, WILL BE AT LICENSEE'S SOLE RISK. CAPITAL
INTELLECT MAKES NO WARRANTIES RELATING TO THE SOFTWARE AND EXPRESSLY DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SOME
STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing provisions shall be
enforceable to the maximum extent permitted by applicable law.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES OR LEGAL THEORY, WHETHER IN
TORT, CONTRACT, OR OTHERWISE, SHALL CAPITAL INTELLECT OR ITS SUPPLIERS BE LIABLE
TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (EVEN IF CAPITAL INTELLECT SHALL HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR, EXCEPT AS
EXPRESSLY PROVIDED IN THE LIMITED WARRANTY PROVISION OF THIS AGREEMENT, FOR ANY
OTHER DAMAGES OR LOSSES OF ANY NATURE. IN NO EVENT WILL CAPITAL INTELLECT BE
LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE CAPITAL INTELLECT CHARGES FOR
A LICENSE TO THE SOFTWARE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing provisions
shall be enforceable to the maximum extent permitted by applicable law.
7. United States Government. The Software and accompanying Documentation are
deemed to be "commercial computer software" and "commercial computer software
documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section
12.212, as applicable. Any use, modification, reproduction, release,
performance, display or disclosure of the Software and accompanying
Documentation by the United States Government shall be governed solely by the
terms of this Agreement and shall be prohibited except to the extent expressly
permitted by the terms of this Agreement.
8. Export Controls. Export of the Software may be subject to compliance with the
rules and regulations promulgated from time to time by the Bureau of Export
Administration, United States Department of Commerce, which restrict the export
and re-export of certain products and technical data. If the export of the
Software is controlled under such rules and regulations, then the Software shall
not be exported or re-exported, directly or indirectly, (a) without all export
or re-export licenses and United States or other governmental approvals required
by any applicable laws, or (b) in violation of any applicable prohibition
against the export or re-export of any part of the Software. Some countries have
restrictions on the use of encryption within their borders, or the import or
export of encryption even if for only temporary personal or business use. You
acknowledge that the implementation and enforcement of these laws is not always
consistent as to specific countries. Although the following countries are not an
exhaustive list there may exist restrictions on the exportation to, or
importation of, encryption by: Belgium, China (including Hong Kong), France,
India, Indonesia, Israel, Russia, Saudi Arabia, Singapore, and South Korea. You
acknowledge it is your ultimate responsibility to comply with any and all
government export and other applicable laws and that Capital Intellect has no
further responsibility after the initial license to you within the original
country of sale.
In addition, neither the Software nor the Documentation and underlying
information or technology may be downloaded or otherwise exported or re-exported
(i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea,
Sudan, Syria or any other country to which the United States has embargoed
goods; or (ii) to anyone on the United States Treasury Department's list of
Specially Designated Nations or the United States Commerce Department's Table of
Denial Orders. By downloading or using the Software you are agreeing to the
foregoing and you are certifying that you are not located in, under the control
of, or a national or resident of any such country or on any such list.
9. Miscellaneous. This Agreement is governed by the laws of the Commonwealth of
Massachusetts, without reference to conflict of laws principles. The application
of the United Nations Convention of Contracts for the International Sale of
Goods is expressly excluded. This Agreement sets forth all rights for the user
of the Software and, together with the Master Agreement, is the entire agreement
between Capital Intellect and the Licensee and supersedes any other prior or
contemporaneous agreements or communications with respect to the Software and
Documentation. This Agreement may not be modified except by a written addendum
issued by a duly authorized representative of Capital Intellect. No provision
hereof shall be deemed waived unless such waiver shall be in writing and signed
by Capital Intellect or a duly authorized representative of Capital Intellect.
If any provision of this Agreement is held invalid, the remainder of this
Agreement shall continue in full force and effect. The parties confirm that it
is their wish that this Agreement has been written in the English language only.
10. Capital Intellect Customer Contact. If you have any questions concerning
these terms and conditions, or if you would like to contact Capital Intellect
for any other reason, please email us at info@capitalintellect.net, or write:
Capital Intellect Inc., P.O. Box 51607, Boston, Massachusetts 02205.
If you either do not understand or do not accept the terms and conditions of
this Agreement on behalf of you, uninstall Secure IE and Private IE and remove any copies
of Secure IE and Private IE from your computer(s).
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