Onix Solutions Limited ("OnixS") authorises the use of this evaluation software ("SOFTWARE"), without modification, for non-commercial evaluation purposes only, for a period of thirty (30) days from the date the SOFTWARE is first made available to the Licensee, or such longer period as OnixS may agree in writing (the "Evaluation Period"), provided that the following conditions are met:
Usage of the SOFTWARE evaluation copy is limited to determining whether to enter into a full commercial licence for the SOFTWARE. This Agreement does not permit any commercial use of the SOFTWARE. Commercial use requires the prior execution of a Software Services Agreement (together with one or more Order Forms) between the Licensee and OnixS.
Permitted use. The Licensee may install and use the SOFTWARE solely on systems under its control, by personnel acting on its behalf, for internal non-production evaluation. The Licensee shall not use the SOFTWARE with live production data, make the SOFTWARE available to any third party, or use the SOFTWARE to provide services to any third party.
On expiry of the Evaluation Period, or earlier on any breach of this Agreement, the Licensee shall cease all use of the SOFTWARE and destroy or delete all copies in its possession or control, unless a Software Services Agreement with OnixS is in force.
This software is provided "AS IS," without a warranty of any kind.
You agree not to reverse engineer (except to the extent permitted by applicable law, including sections 50B and 296A of the Copyright, Designs and Patents Act 1988 in the United Kingdom and 17 U.S.C. § 1201(f) in the United States), decompile, disassemble or create derivative works from the SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL TERMS, CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE — INCLUDING (UNDER THE LAWS OF ENGLAND AND WALES) THE IMPLIED TERMS OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND CONFORMITY WITH DESCRIPTION, AND (UNDER THE LAWS OF ANY UNITED STATES JURISDICTION) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT — ARE HEREBY EXCLUDED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OnixS SHALL NOT BE LIABLE TO THE LICENSEE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, FOR ANY LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF OnixS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
Nothing in this Agreement limits or excludes either party's liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under applicable law.
All right, title and interest in and to the SOFTWARE, including all intellectual property rights, remain with OnixS. The Licensee shall keep the SOFTWARE and any accompanying documentation confidential and shall not disclose them to any third party.
This Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles. The parties submit to the non-exclusive jurisdiction of the courts of England and Wales, which means that the Licensee may bring proceedings in those courts and OnixS may bring proceedings against the Licensee in those courts or in any other court of competent jurisdiction, including the State and federal courts located in the United States where the Licensee resides or has its principal place of business.
By proceeding to access, download or otherwise use any portion of this evaluation software you accept these terms.