52 lines
6.3 KiB
Markdown
52 lines
6.3 KiB
Markdown
Data Controller for SAS® Evaluation Agreement
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The terms and conditions contained below constitute a legal agreement. This agreement ("Agreement") contains herein the entire agreement between the licensee ("Licensee") and Bowe IO Ltd. Read this agreement carefully. By downloading, installing, and/or examining the product, you acknowledge:
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1 - You are authorized to enter this agreement for and on behalf of your company, and are doing so, and 2 - You have read, understand and agree that you and the company shall be bound by these terms and conditions and every modification and addition provided for.
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Software products included with this product that are not Bowe IO Ltd products are licensed to you by the software provider. Please refer to the license contained in the provider's product for their terms of use.
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## 1. License Grant.
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Bowe IO Ltd grants you a limited, non-exclusive, non-transferable license to use, **for evaluation/non-production purposes only**, the Bowe IO Ltd software program(s) known as Data Controller for SAS® (the "Software") - and related product documentation - at no charge, subject to the terms and restrictions set forth in this License Agreement. You are not permitted to use the Software in any manner not expressly authorized by this License. You acknowledge and agree that ownership of the Software and all subsequent copies thereof regardless of the form or media are held by Bowe IO Ltd.
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## 2. Term of Agreement.
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Your license is effective until terminated by Bowe IO Ltd (at the sole discretion of Bowe IO Ltd and without notice). The License will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. At termination you shall cease all use of the Software and destroy all copies, full or partial, of the Software.
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## 3. Ownership Rights.
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The Software and related documentation are protected by United Kingdom copyright laws and international treaties. Bowe IO Ltd, third party component providers and open source component providers own and retain all right, title and interest in and to the Software and related documentation, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein.
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## 4. Use of Name and Trademarks.
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You shall not use the name, trade names or trademarks of Bowe IO Ltd or any of its affiliates in any advertising, promotional literature or any other material, whether in written, electronic or other form, without prior approval.
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## 5. Restrictions
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5.1 - You may not rent, lease, lend, redistribute or sublicense the Software. You may not copy the Software other than to make archival or backup copies - provided that the backup copy includes all copyright or other proprietary notices contained on the original. You may not copy related product documentation. You may not modify, reverse engineer, decompile, or disassemble the Software, except to the extent the such restriction is expressly prohibited by applicable law.
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5.2 - Certain components of the Software are provided under various Open Source licenses that have been made available to Bowe IO Ltd. You may modify or replace only these Open-Sourced Components; provided that (i) the resultant Software is used in place of the unmodified Software, on a single computer; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Bowe IO Ltd is not obligated to provide any maintenance, technical or other support for the resultant Software.
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## 6. Exclusion of Warranties.
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THE SOFTWARE IS PROVIDED TO LICENSEE "AS IS", AND ANY USE BY LICENSEE OF THE SOFTWARE WILL BE AT LICENSEE'S SOLE RISK. Bowe IO Ltd makes no warrranties relating to the softwtare, and disclaims all warranties (express or implied), including without limitation those of merchantability and fitness for any particular purpose.
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## 7. Limitation of Liability.
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In no event shall Bowe IO Ltd be liable for any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interrupton or any other commercial damages or losses, arising out of or related to your use or inability to use the Bowe IO Ltd software, however caused, regardless of the theory of liabilty (contract, tort or otherwise) and even if Bowe IO Ltd has been advised of the possibility of such damages.
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## 8. Governing law and jurisdiction
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8.1 - This agreement and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the law of England.
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8.2 - The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement.
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## 9. Assignment/Transfers.
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You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Bowe IO Ltd. Any attempted assignment or transfer in violation of this Section will be null and void.
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## 10.Third Party Acknowledgements
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(A) Aspects of the Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are available when accessing the Software on the Bowe IO Ltd website, and your use of such material is governed by their respective terms.
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(B) The Software includes certain software provided under various Open Source licenses. You may obtain complete machine-readable copies of the source code and licenses for the Open Source software at the Bowe IO Ltd Open Source website (https://docs.datacontroller.io/licenses). Open Source Software is distributed WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE
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## 11. Severability.
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If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions of this Agreement shall not in any way be affected or impaired.
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## 12. Entire Agreement.
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This Agreement is the entire agreement between you and Bowe IO Ltd concerning the Software and all related documentation and supersedes any other prior or contemporaneous agreements or communications with respect to the Software and related documentation, either written or oral.
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