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pankaj ghemawat > tools > cage comparator
CAGE Comparator™ Terms and Conditions
Developer has developed and licenses to users its software program marketed under the name CAGE Comparator™ (the "Software").
Licensee desires to utilize a copy of the Software for evaluation purposes, as an extension of an educational program covering concepts applied in the Software.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, Developer and Licensee agree as follows:
1. License.
Developer hereby grants to Licensee a limited license to use the Software as set forth in this Agreement, during the Subscription Period selected by the Licensee.
2. Restrictions.
Licensee shall not modify, copy, duplicate, reproduce, license or sublicense the Software, or transfer or convey the Software or any right in the Software to anyone else without the prior written consent of Developer. Licensee is expressly prohibited from transferring the software wholly or in part to any third party or from sharing any data contained within the software with any third party without prior written consent of Developer.
3. Proprietary Rights.
Licensee recognizes that Developer regards the Software as its proprietary information and as confidential trade secrets of great value. Licensee agrees not to provide or to otherwise make available in any form the Software, or any portion thereof, to any person other than employees of Licensee without the prior written consent of Developer.
4. Warranty.
The Software is provided "as is" and Developer provides no warranty as to the function or use of the Software, whether express, implied, or statutory, including without limitation, any implied warrantees of merchantability or fitness for particular purpose. The entire risk as to the quality and performance of the Software is with the Licensee.
5. Limitation of Liability.
Developer shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether Developer was advised of the possibility of such losses in advance. In no event shall Developer's liability hereunder exceed the amount of license fees paid by Licensee, regardless of whether Licensee's claim is based on contract, tort, strict liability, product liability or otherwise.
6. No Assignment.
Neither this Agreement nor any interest in this Agreement may be assigned by Licensee without the prior express written approval of Developer.
7. Final Agreement.
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.
8. Severability.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
9. Headings.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.