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Mi-Co Software Evaluation Agreement
1. Mi-Co grants to Customer a nonexclusive, nonassignable, and nontransferable license to evaluate the Software free of charge.
2. Customer may install the Software only on hardware authorized under this Evaluation Agreement (“Authorized Hardware”). If the Software is to be installed on a server, Authorized Hardware is hardware located on Customer’s premises. If the Software is licensed based on the number of Users or workstations, Authorized Hardware is hardware owned or leased by Customer or Customer’s employees. The Software may only be accessed by Customer’s employees and short term on site contractors (“Users”).
3. Customer agrees to: (1) keep records of where workstation and personal computer Software is being used; (2 keep records of how many Users are accessing the Software; (3) provide the above information to Mi-Co upon request; and (4)provide information to Mi-Co on the results of the customer’s evaluation.
4. Source code from which the Software object is derived (“Source Code”) is not being provided and is a Mi-Co trade secret to which access is not authorized. Except to the extent allowed by law, neither Customer nor any other User may reverse assemble or decompile the Software or otherwise attempt to recreate the Source Code.
5. Software received under a short term software evaluation is not intended for Customer’s production purposes. Customer agrees to provide Mi-Co feedback regarding the software and the customer’s experience with the Software which Mi-Co may use internally without restriction
6. Mi-Co warrants it has the right to license the Software. THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS. MI-CO MAKES NO WARRANTIES REGARDING THE SOFTWARE, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL MI-CO BE LIABLE TO EVALUATOR OR ANY OTHER PARTY FOR DAMAGES OF ANY KIND ARISING FROM USE OF THE SOFTWARE, WHETHER RESULTING FROM A TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT OR OTHER FORM OF ACTION, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES OF ANY KIND ARISING IN ANY WAY OUT OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Evaluator expressly assumes all responsibility for any damages, lost data, lost profits and other consequential damages that may result in any way out of the Agreement, including without limitation, use of the software.
7. At the end of the evaluation period, Customer agrees to sign additional licensing documents with Mi-Co or promptly delete and/or destroy all Software.
8. The customer acknowledges that the software is the proprietary and confidential property of Mi-Co. The Customer agrees that it shall not disclose or make available the software or the results of the evaluation to any third party without the prior written permission of Mi-Co.
9. This Evaluation Agreement, including any Attachments, is the parties’ complete and exclusive statement relating to its subject matter. Modifications must be in writing, signed by both parties, and specifically reference this Evaluation Agreement.