Read and accept the licensing terms below to receive your free evaluation software and license.
Software Evaluation Agreement
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD NOT DOWNLOAD THE SOFTWARE ONTO YOUR COMPUTER. LOADING OF THE SOFTWARE ONTO A COMPUTER INDICATES YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS:
Any software program loaded onto your computer from this site (the “Software”) is temporarily licensed (not sold or given) to you only for evaluation use under the terms of this Agreement; and Orion Software Development Software, or its licensor, retains all right, title, and interest in and to the Software and related documentation (and any copy thereof).
1. LICENSE. You may use the Software (at the location to which the Software is downloaded) for evaluation purposes only. It is expressly agreed that you will not use the Software (or any portion thereof) to develop, or to assist others to develop, software programs whose purpose is outcome data management. Any portion of the Software merged into other software will continue to be subject to the terms and conditions of this Agreement.
2. RESTRICTIONS. Reproduction, disclosure, reverse engineering, disassembly, modification, attempting to access portions of the code for which you do not have an evaluation license, use for any purpose other than evaluation, and/or distribution by any means of the Software are prohibited, except as provided for in this Agreement or pursuant to a license from Orion Software Development. Any attempt to transfer any of the rights or obligations hereunder is void. You may not rent, lease, loan or resell the Software. No product downloaded from this site may be used in any product which has as its primary purpose outcome data management.
3. TERM. This Agreement is effective until: (a) the license keys temporarily provided to you by Orion Software Development expire, (b) you acquire a regular license from Orion Software Development, or (c) the Agreement is terminated as further provided below. You may terminate it at any time by destroying and disposing of the Software together with all copies and merged portions in any form. This Agreement will immediately and automatically terminate without notice if you fail to comply with any term or condition of this Agreement. You agree upon termination to promptly destroy the Software together with all copies and merged portions in any form.
4. DISCLAIMER OF WARRANTIES. THE SOFTWARE IS PROVIDED ONLY FOR EVALUATION PURPOSES ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORION SOFTWARE DEVELOPMENT EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL ORION SOFTWARE DEVELOPMENT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING LOST PROFITS OR DATA, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH, EVEN IF ORION SOFTWARE DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THE ENTIRE LIABILITY OF ORION SOFTWARE DEVELOPMENT UNDER ANY PROVISION OF THIS SOFTWARE EVALUATION AGREEMENT AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
6. GENERAL. If any provision of this Agreement is held to be unenforceable, that provision will be removed and the remaining provision will remain in full force.
7. APPLICABLE LAW. If you acquired this Software in the United States, this Software Evaluation Agreement is governed by the laws of the State of Colorado. If you acquired this Software in any other country, then local law may apply.
Should you have any questions concerning this Agreement, you may contact Orion Software Development.
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