EVALUATION LICENSE AGREEMENT
IMPORTANT: THIS PRE-RELEASE SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND MOSS SOLUTIONS. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL OR USE THE SOFTWARE.
Participation in any given Software Product does not obligate You to participate in any subsequent software product engagement or software products offered by Moss Solutions or execute any further agreements with Moss Solutions. Similarly, Moss Solutions is not obligated to include You in any subsequent software product engagements or software products, or execute any further agreements with You. Your evaluation of the Software Product does not obligate Moss Solutions to license the completed product to You.
You acknowledge that the Software Product is a preliminary version made available to you strictly as a test and evaluation software. Moss Solutions has no obligation whatsoever to offer the Software Product for productive use or any other use. In addition Moss Solutions has no obligation to include or remove certain functionality from the Software Product in any future version or in any standard product. You understand and agree that you have no expectation of entering into a contract regarding the productive use of the Software Product.
The Software Product is owned by Moss Solutions and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. THE SOFTWARE PRODUCT IS LICENSED, NOT SOLD.
1. DEFINITIONS
a. "Moss Solutions" means Moss Solutions, a sole proprietorship.
b. "Software" means DashConn for Salesforce CRM, which includes a client-side add-on for SAP Crystal Dashboard Design (Xcelsius) and a server-side web application, and third party software programs supplied by Moss Solutions therewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation, and all updates or upgrades of the above that are provided to you.
c. The Software may have limited features and may cease operating after a predetermined amount of time due to an internal mechanism within the Software.
2. LICENSE GRANTS
Provided that you comply with all terms and conditions of this Evaluation License, Moss Solutions grants to you the following rights under this Evaluation License a non-exclusive, non-perpetual license to use the Software Product solely for purposes of testing and evaluation of the Software Product for the limited period specified below. Unless explicitly mentioned otherwise herein, You shall only install and the Software Product (or any component thereof) within your organization and only for the purposes specified in this Evaluation License.
The Software Product may only be installed in a test environment. You are responsible for the installation, implementation and testing of the Software Product. You are responsible for establishing backup, log, batch, review and other procedures and controls appropriate to maintain the integrity and continuity of Your operations. The Software Product must not be installed or used as production. You understand that there is no migration path to make the Software Product a production system with the release of the general availability version (i.e., GA version). Due to the test nature of the Software Product You will not be able to migrate the Software Product to a production system with a patch, upgrade or quick install update.
You must maintain the Software Product and corresponding materials and information as confidential information of Moss Solutions. You must use the same security measures to protect the Software Product as You use to protect Your own confidential information. You must not disclose such information to anyone other than Your employees (and Moss Solutions approved contractors under nondisclosure obligations) who have a need to know. The foregoing confidentiality obligations do not apply to any information generally available to the public, independently developed or obtained without reliance on Moss Solutions’s information or approved for release by Moss Solutions.
Moss Solutions may, at its option, provide You limited assistance for the Software Product. Moss Solutions is not obligated to correct errors, if any, or make any changes or modifications to the Software Product. Moss Solutions reserves the right, with or without prior notice, to discontinue work on the Software Product and to revise the Software Product either prior to or after it is generally commercially available.
SOME OF THE SOFTWARE PRODUCTS LICENSED HEREUNDER ARE TIME SENSITIVE AND WILL CEASE TO OPERATE AFTER A PREDETRMINED AMOUNT OF TIME. NOTICE OF EXPIRATION WILL NOT ACTIVELY BE GIVEN, SO YOU NEED TO PLAN FOR THE EXPIRATION DATE AND MAKE A COPY OF AND REMOVE YOUR IMPORTANT DATA BEFORE EXPIRATION. You may terminate this Agreement at any time by uninstalling the Software Product and destroying all copies of the Software Product in your possession. Moss Solutions may terminate this Agreement and your use of the Software Product at any time, upon fifteen days advance written notice. This section survives the termination of this Agreement.
YOU AGREE TO DESTROY ALL COPIES OF THE SOFTWARE PRODUCT EITHER (i) AT THE END OF YOUR USAGE OF THE PROGRAMS FOR THE ABOVE USES OR (ii) AT THE END OF THE EVALUATION PERIOD AS SPECIFIED ABOVE. If you desire to use the Software Product after your evaluation is completed, you will need to acquire a validly licensed copy of the non-evaluation version of the Software Product.
The SOFTWARE PRODUCT is "NOT FOR PRODUCTION USE". You may not demonstrate, test, examine, evaluate or otherwise use the Software Product in a live operating environment or with data that has not been sufficiently backed up.
Moss Solutions does not provide and support services for the Software Product. Moss Solutions may, in its sole discretion, provide You with installation guidelines for testing and evaluation purposes. Moss Solutions may at its sole discretion provide any problem resolution or error correction.
All rights not expressly granted are reserved by Moss Solutions. Software Products used for other than the approved usage will be considered a breach of this Evaluation License.
3. DEMAND FOR EXAMINATION
Moss Solutions hereby requests that you fully examine the Software Product during the term of this Evaluation License so that you will be fully familiar with it before obtaining a copy of the non-evaluation version of the Software Product (provided such non-evaluation version is offered by Moss Solutions). Only your full examination now will determine whether or not the non-evaluation version will be merchantable or fit for your particular purposes.
4. ADDITIONAL LIMITATIONS
You may not reverse engineer, decompile, or disassemble the Software Product, except to the extent such foregoing restriction is expressly prohibited by applicable law notwithstanding this limitation. You may not rent, lease, lend, or transfer the Software Product. You may not disclose the results of any benchmark test of the Software to any third party without Moss Solutions's prior written approval.
5. FEEDBACK
You must evaluate the Software, report any problems with the Software to Moss Solutions, and respond to Moss Solutions’ questions regarding your and your employees' evaluation and use of the Software. Further, you shall provide Moss Solutions comments, review, evaluation, analysis, suggestions, or other feedback regarding your use of the software program (“Program Comments”). You agree that all Program Comments are made voluntarily and shall not create a confidentiality obligation from Moss Solutions to any party and Moss Solutions shall be free to use any Program Comments in any manner without obligation of any kind to you or any of your employees.
6. INTELLECTUAL PROPERTY RIGHTS
The foregoing license gives you limited license to use the Software. Moss Solutions and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. All rights not specifically granted in this license agreement, including Federal and International Copyrights, are reserved by Moss Solutions and its suppliers.
7. AUDITING AND REPORTING
Moss Solutions may audit Your usage and number of each Software Product you copy. Upon Moss Solutions's request, You agree to provide all information reasonably necessary for Moss Solutions to determine Your use of the Software Program and Your compliance with the terms and conditions of this Evaluation License.
8. EXPORT RESTRICTIONS
You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.
9. APPLICABLE LAW
If you acquired this Software Product in the United States or Canada, this Evaluation License is governed by and construed under the laws of the State of New York without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and United States of America law, rules, and regulations, United States of America law, rules, and regulations shall prevail and govern. If, for any reason, a court of competent jurisdiction finds any provision of this Evaluation License, or portion thereof, to be unenforceable, that provision of the Evaluation License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Evaluation License shall continue in full force and effect.
If this Software Product was acquired outside the United States or Canada, then a separate Evaluation License has been included to govern the non-US territory.
10. QUESTIONS
All questions concerning this License Agreement shall be directed to: Moss Solutions, 255 Washington Avenue Extension, Suite 108, Albany, NY 12205.
11. THIRD PARTY SOFTWARE
The Software may contain third party software which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are made a part of and incorporated by reference into this Evaluation License. By accepting this License Agreement, you are also accepting the additional terms and conditions, if any, set forth therein
12. DISCLAIMER OF WARRANTIES
The Software Product(s) is being provided "AS IS AND WITH ALL FAULTS" and without warranty of any kind. You expressly acknowledge and agree that the use of the Software Product(s) is at Your sole risk. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, MOSS SOLUTIONS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. MOSS SOLUTIONS AND ITS LICENSORS DO NOT WARRANT THAT THE INFORMATION CONTAINED IN THE DOWNLOADED SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION AND/OR DELIVERY OF THE DOWNLOADED SOFTWARE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DOWNLOADED SOFTWARE PRODUCTS WILL BE CORRECTED. FURTHERMORE, MOSS SOLUTIONS AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE DOWNLOADED SOFTWARE PRODUCTS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MOSS SOLUTIONS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASES THE SCOPE OF THIS WARRANTY.
13. LIMITATION OF LIABILITY AND REMEDIES
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MOSS SOLUTIONS, ITS AFFILIATES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE PRODUCT(S), EVEN IF MOSS SOLUTIONS OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.