The terms below set out the conditions of your use of the Software. IF YOU DO NOT AGREE TO COMPLY WITH THESE CONDITIONS, DO NOT PROCEED TO ACCESS THE SOFTWARE. If you proceed, you are consenting to be bound by these terms.
- Definition of Software. “Software” means
- the software, scripts, and other electronic files you are about to download or have downloaded from Savari’s software download site,
- any authorization keys and passwords that Savari may deliver to you from time to time in order to operate such software or carry out your evaluation of it,
- any documentation that describes the above and its operation, and
- any updated files that Savari may deliver to you from time to time to correct or enhance the software’s operation, functionality or use.
- Limited Rights. You have the following limited rights regarding the Software.
- Personal License. Savari grants you a personal, nontransferable, nonsublicensable and nonexclusive right to use the Software in accordance with the applicable user documentation Savari provides to you.
- License Term. If you obtained the Software through a written order with Savari, and that order limits your right to use the Software to a specific period of time (the “License Term”), you are licensed to run the Software only during the License Term. Savari may deliver to you an authorization key that allows you to operate the Software and view the results of the operation, and that authorization key may expire after a period of time to allow Savari to manage your use of the Software in accordance with the License Term.
- One Copy Per Device. You may run one copy of the Software on a device owned by you for each license you purchase from Savari.
- Results of Operation. You may share the results of the operation of the Software only with employees or authorized contractors, if any, whose duties to your employer require such access.
- No Other Rights. You have no rights in the Software other than those expressly set out in Section 3 above. Savari reserves all rights and licenses in and to the Software not expressly granted.
- Conditions. The rights granted in Section 4 above are conditional upon you complying with the following obligations:
- You will not use the Software for any purpose other than those specified above.
- You will not make unauthorized copies of the Software.
- You will not make modifications to the Software.
- You have no right to and will not transfer, lease, lend or rent the Software, use them to provide service bureau, time-sharing or other computer services, or otherwise provide or make the functionality thereof available to third parties.
- You will not disassemble, decompile, reverse engineer, modify, or create derivative works of the Software, nor permit any third party to do so, except to the extent such restrictions are prohibited by law.
- You will not knowingly take any action that would cause any Software to be placed in the public domain.
- You will not allow anyone to access the Software or view the results obtained from operating the Software other than as permitted above.
- You will not delete or alter the copyright, trademark, and other proprietary rights notices appearing on the Software as delivered by Savari to you.
- You will not run or operate the Software or try to access the results obtained from operating the Software once the License Term expires.
- When the License Term expires, you will delete from your systems all copies of the Software in all forms and types of media.
- You shall ensure that employees and contractors with whom you share information about the Software and results obtained from operating the Software all comply with the obligations set out in this Agreement.
- Feedback. If you choose to provide suggestions, data or feedback about the Software to Savari, you and your employer hereby grant to Savari, without charge, the right to use, copy, modify and create derivative works of such suggestions, data, and feedback solely for the purpose of improving the operation, functionality or use of Savari’s existing and future product offerings and commercializing such offerings.
- Maintenance and Support. Savari has no obligation to provide maintenance or support services in connection with the Software unless you have paid Savari fees for providing maintenance and support. Where you have paid for maintenance and support services, Savari will provide to you, either directly or through subcontracted service providers, the services described in Savari’s written Maintenance Terms for the period for which you have paid.
- Export. You agree to comply fully with all relevant export laws and regulations of the United States (“Export Laws”) to ensure that neither the Software, nor any direct product thereof are: (a) exported or re-exported directly or indirectly in violation of Export Laws; or (b) used for any purposes prohibited by the Export Laws, including but not limited to nuclear, chemical, or biological weapons proliferation.