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.
Copyright © 1997-2009 Orion
Software Development. All Rights Reserved. |
