License Terms and Conditions
1. License. Based on your act of installing this software program (the “Program”) and making full payment of all required amounts to Aspiration Innovation, Inc (“AI”) pursuant to this Agreement, AI grants to you (the “Customer”) a personal, non-transferable, non-exclusive license to utilize the Program in object code form only and its associated Documentation, subject to the terms and conditions set forth below. The term "Documentation" refers to Help Files associated with the Program and any other related instruction and reference materials provided by AI, whether printed or electronic. Program and Documentation include any enhancements, modifications, revisions, or additions released directly or indirectly to Customer. CUSTOMER MAY NOT USE, COPY, MODIFY, OR TRANSFER THE PROGRAM OR DOCUMENTATION, IN WHOLE OR IN PART, EXCEPT AS PROVIDED IN THIS AGREEMENT. The license granted by this Agreement permits Customer to do only each of the following:
1.1 Use the Program on computers which have the minimum system requirements as described in the Documentation;
1.2 Use the Program and Documentation for business and commercial purposes only;
1.3 Create no more than two copies of the Program in machine readable form for backup purposes only;
1.4 Utilize the Documentation only in conjunction with the use of the Program; and
1.5 Utilize and reproduce the Program only as necessary for uses based upon the type of license fee payment made and accepted as set forth below (i.e. Single User or Floating License).
These are the only rights granted by this Agreement. All other rights are expressly reserved by AI. Customer has no right, among other things: to transfer, sublicense, network, loan, lend, distribute, rent, modify, translate, disassemble, decompile, reverse engineer, translate the Program into another computer language, otherwise reduce the Program to human perceivable form, create derivative works based upon the Program, or to copy or use the Program in violation of this Agreement. Customer may not copy the Program onto any public network. Such limits shall apply to use of either a portion of or the entire Program. In addition, AI from time to time may update the Program and Documentation. In the event an update is received, Customer agrees to destroy or return the original Program or Documentation and acknowledges that the update will be governed by the terms of this Agreement also.
2. Scope of License (Single User or Floating License) The rights granted above are established by payment and acceptance of a license fee which establishes either a single user license or a floating license arrangement.
2.1. Single User License. If the payment made and accepted is the single user license amount, Customer is granted the above rights only with respect to use of the Program on a single computer controlled by Customer (i.e., Customer may only install and use that copy of the Program on one (1) central processing unit (CPU) controlled by Customer. For purposes of defining “CPU,” the fact that multiple processors are installed on a single chassis shall be disregarded). If Customer is an entity other than an individual, the entity shall designate one individual within Customer’s organization to have the right to use the Program on one (1) CPU within that organization.
2.2. Floating License. If the payment made and accepted is the floating license amount and a floating license has been designated by Customer, Customer is granted the above rights only with respect to use of the server software aspects of the Program on one (1) CPU controlled by Customer for each copy of the server software aspect of the Program licensed, and installation of the client part of the Program on multiple CPUs controlled by Customer; PROVIDED, HOWEVER, that there shall be no more simultaneous customers using the client part of the Program than the maximum number of copies of the floating license purchased.
3. Other Required Software. The Program will not operate unless Customer has installed both a) Windows 2000, XP or higher and b) CoCreate Modeling 2006 or higher (the “Third Party Software”) on each computer on which the Program will be used. Customer is responsible for obtaining licenses for and installing the Third Party Software. The Third Party Software is not supplied by AI. The costs of licenses for the Third Party Software are not included in amounts payable to AI under this Agreement. AI makes no warranty of any kind regarding the Third Party Software.
4. Automatic Software Disablement. The Program may include an "automatic software disablement feature" designed to prevent unauthorized use. CUSTOMER AGREES THAT THE AUTOMATIC SOFTWARE DISABLEMENT FEATURE MAY BE INCLUDED IN THE SOFTWARE AND ACTIVATED. Customer may not disable the automatic software disablement feature.
5. Ownership. The Program and Documentation are the property of AI and/or its licensors. AI licenses the Program for use in the United States; it does not transfer ownership of the Program.
6. Proprietary Notices. Customer may not remove, change, or obscure any copyright, trademark, or other proprietary notices in the Program or on any associated media.
7. License Term. This Agreement shall be effective for initial licensing: for the period listed on the cover page of the License and Support Agreement signed by Customer and AI, or if no period is so specified, for the term of the license codeword(s) provided by AI, or, for renewal licensing: for a period beginning on the day following the expiration of the previous effective licensing period and extending for the renewal period listed on the cover page of the License and Support Agreement, or one year if no such renewal period is specified. If no License and Support Agreement has been signed, this Agreement shall be effective for the term of the license codeword(s) provided by AI, and the default duration of the renewal period shall be one year. The effective period of this Agreement, whether for initial or renewal licensing, shall hereinafter be referred to as the “License Term.” If within thirty (30) days from the commencement of each year of the License Term, any amounts owed by Customer to AI have not been paid, the Program will be automatically disabled without notice to Customer from AI. The Program will remain disabled until all amounts owing to AI from Customer are paid in full. Program disablement will not toll the running of the License Term, and no pro-ration of the license fee paid or owing shall be made for any such period of disablement. Customer shall remain responsible for the full amount of the license fees due for the License Term.
8. Cancellation Fee. If Customer chooses to cancel this Agreement after the initial Limited Warranty period (as described in the “Limited Warranty” Section below) has expired, Customer shall remain responsible for the full amount of the license fee for the first year, and shall also be responsible for a cancellation fee equal to 75% of the unpaid balance of the annual license fee installments specified on the cover page of the License and Support Agreement (if applicable) for the remainder of the License Term.
9. Renewal. Unless this Agreement is terminated earlier, Customer shall notify Al at least ninety (90) days prior to the end of the License Term described in Section 7 above as to whether Customer desires to renew the licensing and support of the Program. If Customer provides Al with timely notice that it does not desire to renew the licensing and support of the Program or fails to provide notice of its desire to renew such licensing and support within the time frame specified above, or if AI provides Customer with notice that AI does not desire to renew the licensing and support of the Program, such licensing and support will expire at the end of the License Term. If Customer provides Al with timely notice that it desires to renew the licensing and support of the Program and the parties have not agreed on the terms and conditions applicable to the renewal of such licensing and support ninety (90) days prior to the end of the License Term, then such licensing and support will be extended for the renewal period or such other period as the parties may otherwise agree, at the prices listed on AI’s existing license and support fee schedule, with the same terms and conditions in effect as of the end of the License Term. Al will invoice Customer and Al must receive payment of such fees at least fourteen (14) days before the end of the License Term in order to help ensure Customer’s uninterrupted operation of the Program.
10. License Renewal Fees. AI may adjust the License Renewal Fee and rates for additional services on thirty (30) days' prior written notice to Customer. An adjustment in the License Renewal Fee will be effective for annual license renewals beginning after the end of the 30-day notice period. An adjustment in rates for additional services will be effective for services provided after the end of the 30-day notice period.
11. Termination by Customer. Customer may terminate this Agreement at any time (without refund) by returning the Program, Documentation, and all copies thereof. Upon any such termination, Customer agrees to destroy or return to AI the Program, Program media, Documentation, and all copies thereof. At AI's request, Customer must certify under oath the extent to which Customer has complied with this Section.
12. Support. On-line support and software upgrades will be provided to Customer at no additional charge for the first thirty (30) days of the License Term in order to permit Customer’s installation and initial use of the Program. Support and upgrades after said thirty (30) day period will be provided to Customer, provided Customer has paid the associated support fees for the Program. If Customer has not made such payment, then AI may, in its sole and absolute discretion, provide support services and upgrades to Customer for the Program beyond the initial thirty (30) day period at no additional charge, but assumes no obligation to do so.
13. Limited Warranty. The only warranty AI makes in connection with the Program is a warranty to Customer only for the first thirty (30) days of the License Term that, if properly installed and operated, the Program will perform substantially in accordance with the Documentation, provided Customer notifies AI in writing within ten (10) days of discovering any such error by sending: a) a list of the command sequence or other input which caused the suspected, repeatable error; b) a printout or summary of the result; and c) the serial number of the Program, if applicable. In the event of such a failure of the Program to perform substantially in accordance with the Documentation, AI agrees to repair or replace, at its sole option, the Program or Documentation. In the event such failure cannot be corrected within a reasonable period of time, the portion of the license fee paid by Customer attributable to the Program and apportioned over the License Term will be refunded by AI. Refunds will be made only upon return to AI by Customer of the electronic media on which the Program was delivered to Customer (without retaining any copies), together with all the Documentation, proper postage fully prepaid by Customer. If the Program and Documentation were delivered electronically, a refund will be made upon AI’s verification that the Program has been returned and the automatic software disablement feature has effectively disabled the Program and the Documentation. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE PROGRAM IS AT CUSTOMER’S SOLE RISK. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PROGRAM IS ASSUMED BY CUSTOMER. IN NO CASE SHALL AI, ITS EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES, ARISING FROM BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY, OR ANY OTHER LEGAL THEORY IN TORT OR CONTRACT, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF DATA, DAMAGES FROM BUSINESS INTERRUPTION, DOWNTIME, LOSS OF GOODWILL, DAMAGE TO OR REPLACEMENT OF EQUIPMENT OR PROPERTY, OR COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY SOFTWARE PROGRAM OR DATA USED IN CONJUNCTION WITH THE PROGRAM, EVEN IF AI, ITS EMPLOYEES, AGENTS, OR SUPPLIERS, OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, CUSTOMER AGREES THAT AI'S AND AI’S EMPLOYEES', AGENTS', OR SUPPLIERS' TOTAL LIABILITY, IF ANY, UNDER ANY THEORY, SHALL NOT EXCEED ANY AMOUNT PAID BY CUSTOMER ATTRIBUTABLE TO THE PROGRAM. ANY WRITTEN OR ORAL INFORMATION OR ADVICE GIVEN BY AI, ITS EMPLOYEES, AGENTS, OR SUPPLIERS WILL IN NO WAY INCREASE THE SCOPE OF LIABILITY OR LIMITED WARRANTY, NOR MAY CUSTOMER RELY UPON ANY SUCH WRITTEN OR ORAL COMMUNICATION. CUSTOMER AGREES TO ACCEPT THIS PROGRAM "AS IS" AND "WITH ALL FAULTS" OTHER THAN THE LIMITED WARRANTY STATED ABOVE. ALL EXPRESS WARRANTIES, UNLESS SPECIFICALLY STATED HEREIN, AND ALL IMPLIED WARRANTIES OF THE PROGRAM, MEDIA, AND DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, PERFORMANCE, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE WITH ENJOYMENT OF THE PROGRAM, COURSE OF DEALING, AND/OR USAGE OF TRADE, ARE DISCLAIMED. AI shall be responsible only to Customer; and no responsibility to any third party shall be created by this Agreement. The Limited Warranty set forth above is in lieu of all other express and implied warranties, and the remedies set forth above are Customer's sole and exclusive remedies. The agents, employees, distributors, dealers and other suppliers of AI are not authorized to make modifications to this warranty or additional warranties on AI’s behalf.
14. Responsibility for Use. Customer agrees to indemnify AI, its agents, employees, distributors, dealers and other suppliers against any loss, liability, or costs incurred (including reasonable attorneys’ fees and costs, regardless of whether suit has been commenced) arising out of or related to Customer’s use of the Program, including without limitation, any claim for property damage, personal injury, or death relating to products Customer designs using the Program, whether or not attributable to the Program’s operation or design. Customer acknowledges that this Section is an important material term of this Agreement, that it permits AI to provide the Program at a reasonable price, and that AI would not provide the Program without the indemnification provided for in this Section.
15. Export Law Assurance. Customer acknowledges that this Agreement and the performance thereof are subject to compliance with any and all applicable United States laws, regulations, or orders relating to the export of computer software or know-how relating thereto. Customer certifies that neither the Program, nor any other regulated data or information received from AI, nor the direct product thereof, will be exported or re-exported outside the United States, except as authorized and as permitted by the laws and regulations of the United States. Customer agrees to comply with all laws, regulations, and orders of the United States in regard to any export of the Program, Documentation or regulated data or information. Customer agrees not to disclose, export, or re-export any regulated data or information received under this Agreement in or to any countries for which the United States government requires an export license or other supporting documentation at the time of export or transfer, unless Customer has obtained prior written authorization from AI and the U.S. Office of Export Control.
16. Termination by AI. AI may terminate this Agreement (without prior notice from AI and without refund) upon Customer's failure to abide by any term or condition of this Agreement or by any contribution by Customer to any infringement of any proprietary rights owned or licensed by AI. Upon such termination, Customer must immediately destroy the Program and the Documentation, together with all copies, adaptations, and merged portions thereof in any form. At AI's request, Customer must certify under oath the extent to which Customer has complied with this Section.
17. U.S. Government Restricted Rights. The Program and Documentation have been developed entirely at private expense and are delivered and licensed as commercial computer software provided with restricted rights. Use, duplication, or disclosure by the U.S. Government or a U.S. Government subcontractor may be subject to restrictions set forth in this Agreement pursuant to subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights clause at Federal Acquisition Regulations (FAR) 52.227-19 (48 C.F.R. 52.227-19 ), Department of Defense Federal Acquisition Regulations Supplement (DFARS) 227.7202-1 through 227.7204-4 (48 C.F.R. 227.7202-1 through 227.7202-4) or DFARS 252.227.7015 (48 C.F.R. 252.227-7015), as applicable. The contractor/manufacturer is Aspiration Innovation, Inc., 3232 Grand Canyon Street, Fort Collins, Colorado 80525.
18. General Terms and Conditions
18.1 Infringement. If any portion of the Program is determined to infringe or, in AI's view, is likely to be found to infringe third-party rights, AI will, at its sole option and expense, either procure for Customer the right to continue using that portion of the Program or replace or modify that portion of the Program so that it becomes non-infringing. If, in AI's sole opinion, neither option is desirable, AI may terminate the license with regard to that portion of the Program and refund to Customer a pro rata portion of the License Fee and/or any Annual Support Fee that has been paid by Customer to AI for that portion of the Program, based on the amount of the fees attributable to the period after the termination date. THE REMEDIES STATED IN THIS SECTION ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES IN THE EVENT OF INFRINGEMENT.
18.2 Time Limitation. No action, regardless of form, arising out of the Program or services provided under this Agreement, may be brought by either party more than twelve (12) months after the accrual of the claim upon which the action is based, except for an action for non payment of amounts due and owing to AI.
18.3 Taxes. Customer will pay directly, or reimburse AI for, all sales, excise, use, or other taxes imposed on the Program, goods, and services provided under this Agreement, other than taxes based on AI's taxable income from AI’s performance under this Agreement.
18.4 Late Charges and Penalty Interest. Amounts unpaid thirty (30) days after the invoice date or any later stated due date will automatically incur a late charge of five percent (5%) of the amount due. If the amount due and the late charge are not fully paid within seven (7) days of the assessment of the late charge, then the entire amount thereof shall accrue penalty interest from the date of the late charge assessment at the rate of one and one-half percent (1½%) per month until paid in full by Customer.
18.5 Dispute Resolution. Other than injunctive relief by a party which the party may, but need not, choose to pursue in a court, the parties agree to exclusively submit any controversy or claim arising under this Agreement or in any way arising from their relationship or any use of the Program or Documentation to binding arbitration, to the extent permissible under law, before a single arbitrator, who is an experienced intellectual property law attorney, pursuant to the Commercial Arbitration Rules (CAR’s) of the American Arbitration Association (AAA) modified for efficiency and to avoid the involvement of the AAA. The CAR’s may be modified by the arbitrator due to such considerations of fairness and expediency as the arbitrator, in the arbitrator’s sole and absolute discretion, deems necessary or appropriate. For further efficiency, selection of the arbitrator shall be made promptly by two independent and disinterested intellectual property attorneys, one of which shall be selected by each party. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction thereof. The prevailing party shall be reimbursed by the non-prevailing party for the reasonable attorneys’ fees and costs incurred by the prevailing party in such arbitration.
18.6 Force Majeure. AI will not be responsible for delays or failures in performance resulting from causes beyond AI’s control. Such causes include, without limitation, extreme weather conditions, Acts of God, war, riot, earthquake, embargo, acts of civil or military authorities, fire, flood, accident, strike, riot, lockout, other industrial disturbance, and shortages of transportation, facilities, fuel, energy, labor or materials. If AI’s performance provided for under this Agreement is delayed or prevented by causes beyond AI’s control, then the completion date for such performance shall be extended for such reasonable period of time as is mutually agreed upon by Customer and AI in writing and signed by both parties.
18.7 Governing Law; Venue; Jurisdiction; and Remedies. The validity, interpretation, and enforcement of this Agreement shall be governed by and construed in accordance with Colorado law, exclusive of the principles of conflicts of law, except as to copyright and other proprietary matters which may be preempted by United States laws and international treaties, but excluding the United Nations Convention on Contracts for the International Sale of Goods. In the event of any violation of this Agreement, AI reserves the right to pursue any state law remedies (including contractual remedies) or remedies under federal laws, or both. Subject to the arbitration provisions of Section 5 immediately above, Customer consents to sole and exclusive jurisdiction and venue in either state or federal courts in Colorado, or both, as appropriate, and agrees that the prevailing party shall be reimbursed its attorneys’ fees and costs, by the non-prevailing party. No decision, act, or inaction of AI shall be construed to be a waiver of any right or remedy, and pursuit of any state or federal causes shall not be deemed an election of remedies.
18.8 Merger. This Agreement sets forth the entire understanding and agreement between the parties relative to the Program and the use of the Program, and no oral representations of any kind whatsoever shall in any way modify or expand the terms of this Agreement.
18.9 Conflicts. In the event of any conflict or inconsistency between the terms of this Agreement and any documentation, this Agreement shall preempt such documentation to the full extent of such inconsistency.
18.10 Headings. All headings in this Agreement are for convenience only and do not affect the meaning and intent of this Agreement.
18.11 Survival. Provisions regarding responsibility for use, rights in software, and limitations, and all other provisions that could reasonably be expected to survive termination, will remain in full force and effect following termination or expiration of this Agreement so as to give full and meaningful effect thereto.
18.12 Independent Contractor Status. AI is an independent contractor under this Agreement. Neither federal, state, or local income taxes, nor any other payroll tax of any kind, shall be withheld or paid by Customer on behalf of AI. AI and AI’s employees and agents will not be eligible for any Customer-provided employee benefits. Neither party has any authority to enter into contracts or agreements on behalf of the other party. This Agreement does not create an employer/employee, principal/agent, partnership or joint venture relationship between the parties. Customer will not obtain Worker's Compensation insurance covering AI or AI’s employees or agents. AI agrees to obtain Worker's Compensation insurance for AI’s employees and agents, whenever AI is legally required to do so.
18.13 Modification and Waiver. No modification or waiver of the provisions of this Agreement will be binding unless made in writing and signed by both parties. NO DIFFERENT OR ADDITIONAL TERMS ON ANY PURCHASE ORDER OR OTHER FORM UTILIZED BY CUSTOMER IN CONNECTION WITH THE PROGRAM OR AI'S SERVICES WILL BE PART OF THIS AGREEMENT OR OTHERWISE BINDING ON AI. No written and signed waiver of any breach of this Agreement shall operate, or be construed as, a waiver of any subsequent breach of this Agreement.
18.14 Assignment. This Agreement may not be transferred, assigned, rented, sold, sublicensed, or subleased by Customer without AI’s prior written consent, which consent may be withheld in AI’s sole and absolute discretion. Any attempted transfer, assignment, rental, sale, sublicense, or sublease of this Agreement by Customer without such consent shall be null and void.
18.15 Third Party Beneficiaries. The provisions of this Agreement are for the exclusive benefit of the parties hereto and their respective permitted successors and assigns, and no other person is intended to be a third party beneficiary of this Agreement or to have any rights by virtue of this Agreement.
18.16 Notices. Notices must be given in writing, which includes, without limitation, notices given by electronic means to the address, e-mail address, or fax number of the party. A party may change its address, e-mail address, or fax number for notices by giving the other party notice of the change in accordance with this Section. Notice will be deemed given at the earliest of either: (a) the date received; (b) if sent by overnight courier, the next business day; or (c) if sent by U.S. certified mail, return receipt requested, the third business day after the mailing, proper postage fully prepaid.
18.17 No Exclusivity. AI may provide software or services of any kind and nature, including, without limitation, the Program, to any other person or entity.
18.18 Cooperation and Support. Customer agrees to provide, and will require Customer’s other contractors, if any, to provide AI with timely access to all information necessary for AI to fully and timely perform the services provided for by this Agreement. AI has the right to require Customer’s full and timely cooperation in AI’s performance of such services.
18.19 Professional and Business Use Only. The Program is licensed by Customer for professional and business use only. Use of the Program for personal, family, or household purposes is strictly prohibited.
18.20 Confidential Information. All information obtained by AI about Customer during AI’s performance of the services provided for in this Agreement is proprietary to Customer and must be held confidential by AI. Correspondingly, all information obtained by Customer about AI during AI’s performance of the services provided for in this Agreement is proprietary to AI and must be held confidential by Customer. This Section shall remain effective and enforceable beyond the term of this Agreement in order to give full and meaningful effect thereto.
18.21 Work Product. All developments, modifications, enhancements, revisions, additions, original and duplicate reports, products, and services, including, without limitation, software programs, specifications, and documentation, magnetically and optically encoded media, or other work product developed by AI under this Agreement during the term of this Agreement (the “Work Product”) shall be and remain the exclusive property of AI, and AI shall have the right to use, publish, transfer, sell, or license the Work Product without payment of any royalty, charge, or other compensation to Customer. Upon termination of this Agreement, Customer shall promptly deliver all Work Product in Customer’s possession and/or control to AI. Customer hereby assigns to AI, its successors and assigns, all right, title, and interest in and to the Work Product, including, without limitation, the right to obtain, renew, and extend such copyrights, trademarks or patents that are or may be secured under the current or future laws of the United States of America or any other country. Customer agrees to execute and deliver such instruments and take such other actions as may be reasonably requested by AI in order to perfect or carry out the provisions of this Section.
18.22 Publicity. Notwithstanding Section 18.20 above, AI may include Customer's name in lists of persons and entities using the Program, and may otherwise include accurate statements about AI's business relationship with Customer under this Agreement in publicity materials released by AI during the term of this Agreement.
18.23 Severability. If any term or condition of this Agreement, or the application thereof to any person or circumstance, shall be ruled invalid, illegal, or unenforceable to any extent by any arbitrator or court of competent jurisdiction, the remainder of this Agreement, or the application of such term or condition to persons and circumstances other than those to which it has been held invalid, illegal, or unenforceable, shall not be affected thereby, and said arbitrator or court shall amend or modify the term or condition in question so that each and every term and condition of this Agreement shall be valid, legal, and enforceable to the fullest extent permitted by law.
WARNING: All material associated with this Agreement and the License and Support Agreement (if applicable) is protected under U.S. and international copyright laws. Federal law provides severe civil and criminal penalties for the unauthorized reproduction, distribution, or use of copyright-protected materials (Title 17, United States Code). Civil statutory penalties may be awarded for up to $250,000 for each infringement. Furthermore, the Federal Bureau of Investigation investigates allegations of criminal copyright infringement for enforcement of penalties which may include imprisonment for up to ten (10) years.
Should you have any questions concerning this Agreement you may contact: Aspiration Innovation, Inc., 3232 Grand Canyon Street, Fort Collins, Colorado 80525; phone +1-970-223-2746; fax +1-970-223-6988; e-mail: [email protected].
BY INSTALLING THE PROGRAM, YOU REPRESENT THAT YOU HAVE READ THIS AGREEMENT AND THE LICENSE AND SUPPORT AGREEMENT (IF APPLICABLE), UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THEY ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE LICENSE AND SUPPORT AGREEMENT BETWEEN THE PARTIES, AND SUPERSEDE ANY PROPOSAL DEALINGS, WHETHER ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF LICENSE AND SUPPORT AGREEMENT.
IF CUSTOMER IS INSTALLING THE PROGRAM AS PART OF A PROGRAM EVALUATION ONLY, CUSTOMER UNDERSTANDS AND AGREES THAT TO CONTINUE USE OF THE PROGRAM BEYOND THE EVALUATION PERIOD, A SOFTWARE LICENSE MUST BE PURCHASED FROM AI, AND THAT IF, AS PART OF SAID PURCHASE, A SOFTWARE LICENSE AND SUPPORT AGREEMENT IS SIGNED BY CUSTOMER, THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE AND SUPPORT AGREEMENT WILL SUPERCEDE THOSE OF THIS AGREEMENT.
Program and Documentation © 2003-2010 Aspiration Innovation, Inc. All rights reserved.