SOFTWARE LICENSE AGREEMENT FOR THE LATEST VERSION
This Software License Agreement ("License") constitutes a legal agreement between you and Noemax Technologies Ltd ("Noemax") for the Noemax product named "PowerWebSockets Trial" including any software, documentation, materials and support services that are contained in it or provided for it by Noemax or a Noemax authorized distributor ("Product").
By installing or using the Product you acknowledge that you have read and understood this License and agree to be bound by all its terms and conditions. If you do not agree, you may not copy, install or use the Product.
The Product is the property of Noemax and is protected by copyright laws and international copyright treaties.
You acknowledge that this is a license, not a sale, and that it does not transfer to you any title or ownership in or to the Product or any patent, copyright, trade secret, trade name, trademark, service mark, intellectual property rights or other proprietary rights related thereto. You further acknowledge that all title, rights and interest in and to the Product will remain at all times the property of Noemax, that you will not acquire any rights to the Product except as expressly set forth in this License, and that Noemax owns all copies of the Product, including any copies of the source code of the Product or the documentation or other part of the Product, however and by whomever made. You agree that you will not, at any time, contest anywhere in the world ownership of the Product by Noemax, nor will you challenge the validity of the rights of Noemax in the Product. All rights not expressly granted herein are reserved by Noemax.
Upon your acceptance of all terms and conditions of this License, Noemax grants you a limited, personal, non-exclusive, non-transferable license to install and use copies of the Product on any number of computers, provided that you use the Product only for evaluation purposes and only for a trial period of no more than thirty (30) days from the date you first obtain any version of the Product.
You acknowledge that the Product may have an expiration date after which it will stop functioning without prior notice. If the expiration date of the Product is reached before the end of your thirty (30) day trial period, you may install and use copies of a newer version of the Product for the remainder of your thirty (30) day trial period.
You are responsible for supervising and controlling the use of the Product and for taking the appropriate technological and organizational measures to ensure that the Product is used in accordance with all terms and conditions of this License.
You may not make any backup copies of the Product. If it is necessary to reinstall the Product before the end of your thirty (30) day trial period, you must download a new copy of the Product from www.noemax.com.
Noemax owns all copies of the source code of the Product and any portion of it, however and by whomever made, even if discovered by reverse engineering, decompiling or disassembling the Product. You have no rights to the source code of the Product or any portion of it. You acknowledge that all the source code of the Product and any information derived from it are the intellectual property and a trade secret of Noemax.
If you obtain access to the source code of the Product or any portion of it and regardless of how you obtain it, you agree (a) to immediately and permanently destroy all source code of the Product that you have obtained, (b) not to disclose the source code of the Product or any portion of it or any information derived from it to anyone, (c) not to copy, use or imitate the source code of the Product or any portion of it in your software or any other software, and (d) not to use any information derived from the source code of the Product in the design or implementation of your software or any other software.
You are responsible for taking the appropriate technological and organizational measures to ensure that the source code of the Product and any information derived from it are held securely in confidence.
You may not (a) copy, install, use or transfer the Product except as expressly permitted by this License, if at all, (b) distribute, sublicense or make available the Product to anyone, (c) modify, translate, adapt, port, transform, reverse engineer, decompile or disassemble the Product or circumvent its technical protection measures or attempt to discover its source code, (d) rent, lease, lend or share the Product, and (e) remove, alter or obscure any copyright, trademark, patent or other proprietary notices from the Product.
For trial registration purposes, information about the Product, this License and the computer on which the Product is installed may be sent automatically to Noemax via a secure connection. This information (a) may include the name and version of the Product, your email address if you chose to provide it during installation, the IP and MAC addresses of the computer and a GUID derived from its hardware configuration, and (b) is kept in confidence by Noemax and not disclosed to third parties. By installing or using the Product you consent to the transmission of this information.
You may not permanently or temporarily transfer the Product or this License to another party, by operation of law or otherwise, including by merger, sale of assets or consolidation, without the prior written consent of Noemax. Upon receiving the written consent of Noemax and before transferring the Product and this License to another party, you must (a) stop using the Product, (b) remove and destroy all copies made of all versions of the Product and any part of the Product, and (c) the other party must accept all terms and conditions of this License. All provisions of this License, with the exception of section "Grant of License to Use the Product", shall remain in force even after any termination.
The term of this License begins on the date you first obtain any version of the Product and will remain in force for thirty (30) days or until you decide to terminate it, whichever comes first. Upon termination of this License you must (a) stop using the Product, and (b) remove and destroy all copies made of all versions of the Product and any part of the Product. All provisions of this License, with the exception of section "Grant of License to Use the Product", shall remain in force even after any termination.
The Product is available free of charge and solely for evaluation purposes. Noemax does not provide any warranty of any kind to anyone and the entire risk arising out of its use or performance remains with you.
The Product is provided "as is" without warranties or conditions of any kind. Noemax makes no representations about the suitability of the Product for any purpose or that it is error-free or secure or that its operation will be uninterrupted or that it meets any user's particular standards, requirements or needs or that Noemax support will correct all defects or solve all problems. Noemax provides no assurances that the Product does not infringe any patent, copyright, trade secret, trade name, trademark, service mark, intellectual property rights or other proprietary rights of any third party. Noemax does not warrant or make any representations regarding the use or the performance of the Product in terms of correctness, accuracy, completeness, reliability or otherwise. Noemax hereby expressly disclaims any and all warranties and conditions with respect to the Product, its use and its performance, either express or implied, including but not limited to any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement.
In no event shall Noemax, its licensors, its suppliers, its authorized distributors and each of their respective employees be liable for any direct, indirect, incidental, punitive, special or consequential damages of any kind, or any other damages or claims whatsoever, including but not limited to damages for loss of profits, revenue, data or use, incurred by you or any third party, even if Noemax knew, should have known or had been advised of the possibility of such damages, arising out of or in connection with the use or performance of the Product and the provision or failure to provide support. In no event will the total cumulative liability of Noemax for damages to you or any other person ever exceed the amount you paid to Noemax or a Noemax authorized distributor for the Product or its list price advertised by Noemax at the time you paid, whichever is less, regardless of the form of the claim.
You are solely responsible for identifying and complying with any laws, regulations, restrictions or controls that may be applicable to you concerning the import, use or export of the Product, and for obtaining any licenses, permits or approvals that might be required.
This License is governed by and construed in accordance with the laws of Greece. You agree and hereby submit to the exclusive jurisdiction and venue of the Courts of Greece with respect to all disputes and such matters. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
This License replaces any previously granted license for the Product. This License constitutes the entire, final and exclusive agreement between you and Noemax with respect to the Product or any other subject matter covered by this License. This License supersedes in their entirety any and all prior agreements, license exemptions, purchase orders, understandings and other communications, whether written or oral, between you and Noemax or any third party with respect to the Product, its use or its performance. If any provision of this License is held to be illegal, invalid or unenforceable for any reason, such provision will be enforced to the maximum extent permissible and the remainder of the provisions of this License will remain in full force and effect.
All waivers must be in writing. Any waiver or failure to enforce a provision of this License on one occasion shall not be deemed a waiver of any other provision or such provision on any other occasion. This License may only be amended by a written document signed by both parties.
Should you have any questions concerning this License, please visit www.noemax.com for information on how to contact us.
License version 12_01_15