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Copyright 2012 Clear Objects. All rights reserved.
For the purpose of this copyright and license, "Clear Objects" is defined as the following set of individuals: Tomas Andersson.
"Licensed Software" means the software as downloaded from Clear Objects web site for evaluation purposes, and any other copyrightable work provided by Clear Objects under this agreement.
Clear Objects grants to Licensee, a non-exclusive, non-transferable, royalty-free and limited license to use the Licensed Software internally for the purposes of evaluation only. No license is granted to Licensee for any other purpose. Licensee may not sell, rent, loan or otherwise encumber or transfer the Licensed Software in whole or in part, to any third party.
Licensee may not duplicate the Licensed Software other than for a single copy of the Licensed Software for archival purposes only. Licensee agrees to reproduce any copyright and other proprietary right notices on any such copy.
Except as otherwise provided by law, licensee may not modify or create derivative works of the Licensed Software, or reverse engineer, disassemble or decompile binary portions of the Licensed Software, or otherwise attempt to derive the source code from such portions.
No right, title, or interest in or to the software, any trademarks, service marks, or trade names of Clear Objects is implied or granted under this License.
Licensee shall have no right to use the Licensed Software for any commercial use whatsoever.
Clear Objects is under no obligation to support Licensed Software or to provide Licensee with updates or error corrections (collectively "Software Updates"). If Clear Objects, at its sole option, supplies Software Updates to Licensee, the Software Updates will be considered part of Licensed Software, and subject to the terms of this License.
TERM AND TERMINATION OF LICENSE
This License will commence on the date on which Licensee agrees to follow the License terms and conditions (the "License Start") and will expire 30 days from the License Start, unless terminated earlier as provided below.
Licensee may terminate this License at any time by destroying all copies of the Licensed Software.
Clear Objects may terminate this License immediately should any Licensed Software become, or in Clear Objects’s opinion be likely to become, the subject of a claim of infringement of a patent, trade secret or copyright.
Upon termination or expiration of this License, Licensee will immediately cease use of and destroy Licensed Software and any copies thereof.
Licensee's obligations under this Agreement will survive and remain in effect after termination or expiration hereof.
DISCLAIMER OF WARRANTY
The Licensed Software is provided "as is", without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the program is with you.
LIMITATION OF LIABILITY
In no event unless required by applicable law or agreed to in writing will Clear Objects be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the Licensed Software (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the program to operate with any other programs).
Licensee will indemnify and hold Clear Objects (and its past, present, and future officers, agents, contractors, joint venturers, employees, and directors (collectively the "Indemnified Parties")) harmless from any claims based on or related to Licensee's use of the Licensed Software. Licensee also indemnifies and holds the Indemnified Parties harmless from any claims that later versions or releases of any Licensed Software furnished to Licensee are incompatible with the Licensed Software provided to Licensee under this Agreement.
This Agreement is governed by and interpreted under the laws of the state of New South Wales, Australia. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be deleted and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
The courts of New South Wales shall be the exclusive venue for resolution of any dispute under this agreement. The Licensee consents to the jurisdiction of the New South Wales courts set out above and to any form of service (including by fax and/or email), if said service communicates actual knowledge of any related proceeding to the Licensee. This Agreement will be interpreted and performed in the English language.
Licensee may not assign or otherwise transfer any of its rights or obligations under this License, without the prior written consent of Clear Objects.
END OF TERMS AND CONDITIONS
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