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21 de setembro de 2014
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Licença do documento

VRTherm Demo Software License Agreement

EVALUATION LICENSE AGREEMENT

THIS LICENSE AGREEMENT (THE "AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY) AND VRTECH FOR THE SOFTARE PRODUCT IDENTIFIED ABOVE, WHICH INCLUDES COMPUTER SOFTWARE AND ELECTRONIC DOCUMENTATION ("SOFTWARE"). PLEASE READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORISED TO INSTALL, COPY OR USE THE SOFTWARE.

1. DEFINITIONS
The following terms shall have the following meanings:
"Documentation" means the technical publications prepared and delivered to Licensee by VRTECH relating to use of the Software, such as reference, examples, and tutorial manuals.
"Licensee" means the individual or entity licensing the Software.
"Software" means those items of software, in object code format only, proprietary to VRTECH and/or its suppliers, that Licensee has ordered from VRTECH.

2. EVALUATION LICENSE TERMS
VRTECH grants to Licensee a non-exclusive, internal, royalty-free, non-transferable license to the evaluation version of the Software for evaluation and trial purposes only. This license begins upon transfer of the Software from VRTECH to Licensee and ends when the Licensee destroy all copies of Software as well as all copies of derived files and documentation. The Software shall be used only for evaluation purposes and may not be used or disclosed for any other purposes, including without limitation, external distribution or Software development. Licensee is forbidden from using the Software for any use other than as explicitly set forth herein.

3. LIMITED WARRANTY/LIMITATIONS ON LIABILITY
3.1. No Warranties. The Software is provided "AS-IS". VRTECH hereby disclaims all representations and warranties, express or implied, with respect to the Software, including without limitation, warranties of fitness for a particular use or purpose, merchantability and non-infringement. VRTECH makes no warranties that the Software will operate without interruption or be error-free. VRTECH makes no representations about the suitability of the Software or about the accuracy of any content or information made accessible by the Software. The entire risk as to the quality and performance of the Software is borne by Licensee. Should the Software prove defective, Licensee and not VRTECH shall assume the entire cost of any service and repair.
3.2. Limitations on Liability. The Software is provided gratuitously and, therefore, neither VRTECH nor anyone else who has been involved in the creation, production or delivery of this product shall be liable for any lost of revenue, profit or data, or for damages (including direct, indirect, incidental, punitive, consequential and special damages) under any theory of liability (including tort, contract, or any other theory) arising out of Licensee's or any third party's use, download, distribution or of inability to use Software or in any other way arising out of this Agreement, even if advised of the possibility of such damages. VRTECH will in no event be liable for illegal use of Software.



4. OWNERSHIP
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Title, ownership rights, and all intellectual property rights in and to the Software and Documentation shall remain with VRTECH and/or its licensors. Licensee agrees not to modify the Software, reproduce or distribute the Software except as expressly authorised herein, create derivative works of, or attempt to decipher, translate, decompile, disassemble, reverse engineer the Software or otherwise attempt to derive the source code of the Software or assist or encourage any third party in doing so.

5. TERM
This Agreement will take effect upon transfer of the software from VRTECH to Licensee, and will remain in force until the Licensee destroy all copies of Software as well as all copies of derived files and documentation. The evaluation license can be terminated by VRTECH if Licensee fails to comply with the terms and conditions of this agreement. Expiration of this Agreement will not affect the provisions disclaiming VRTECH's liability, which provisions shall survive any expiration or termination of this Agreement.

6. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Brazil.

7. MISCELLANEOUS
7.1. If any term, condition, or provision in this Agreement is found to be invalid, unlawful or unenforceable to any extent, the remaining terms, conditions and provisions will continue to be valid and enforceable to the fullest extent permitted by law.
7.2. This Agreement represents the entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all previous communications, representations, understandings and agreements; either oral or written, between the parties with respect to said subject matter.
7.3. This Agreement may not be amended, except in writing, signed by both parties. No terms, provisions or conditions of any purchase order, acknowledgement or other business form that Licensee may use in connection with the acquisition or licensing of the Software will have any effect on the rights, duties or obligations of the parties under, or otherwise modify, this Agreement, regardless of any failure of VRTECH to object to such terms, provisions or conditions.
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