Monfox Evaluation License
MONFOX SOFTWARE MAY ONLY BE USED UNDER A LICENSE AGREEMENT WITH MONFOX, LLC. BY CLICKING ON THE ACCEPT BUTTON ON THE SOFTWARE EVALUATION PAGE, YOU CERTIFY THAT YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS SPECIFIED IN THIS AGREEMENT.
SOFTWARE EVALUATION LICENSE AGREEMENT
SmartGridware® Java IEC61850 and MMS Software Products
DynamicTL1® Java TL1 Software Products
DynamicSNMP® Java SNMP Software Products
DynamicTMN® Java CMIP Software Products
DynamicOSI® Java OSI Software Products
This agreement is made between Monfox, LLC a Georgia Limited Liability Company with offices at 3840 Windermere Parkway, Suite 403, Cumming, GA 30041 USA and the LICENSEE. The evaluation software program(s) and all related documentation (the "PROGRAM(s)") are licensed, not sold, to the LICENSEE for use only under the terms of this Agreement, and Monfox, LLC (Monfox) reserves all rights not expressly granted to LICENSEE.
1. LICENSE: Monfox grants LICENSEE a non-exclusive and non-transferable restricted license to use the PROGRAM(s) only at the location specified and only for the purpose of evaluating whether LICENSEE wishes to license the PROGRAM(s) from Monfox for production use. Any use other than the evaluation the PROGRAM(s) is strictly prohibited.
2. ADDITIONAL RESTRICTIONS: a) Unauthorized copying of the PROGRAM(s) or of the written materials is expressly forbidden. LICENSEE may be held responsible for any copyright infringement which is caused or encouraged by o LICENSEE's failure to abide by the terms of this Agreement. b) LICENSEE may not market, distribute or translate copies of the PROGRAM(s) to others or electronically transfer the PROGRAM(s) from one computer to another over a network. The PROGRAM(s) contains trade secrets and in order to protect them, LICENSEE may not de-compile, reverse engineer, disassemble or otherwise reduce the PROGRAM(s) to a human perceivable form or disclose it to any third party. LICENSEE may not rent, lease or loan the PROGRAM(s).
3. CONFIDENTIALITY: Monfox considers the PROGRAM(s) to contain valuable trade secrets of Monfox or licensors of Monfox, the unauthorized disclosure of which could cause irreparable harm to Monfox. LICENSEE warrants that LICENSEE is not an employee of nor affiliated with a direct competitor of Monfox and agrees to use reasonable efforts not to disclose the PROGRAM(s) to any third parties and not to use the PROGRAM(s) other than for the purpose authorized by this Agreement.
4. DISCLAIMER AND LIMITATION OF LIABILITY: THE USE OF THE PROGRAM(s) UNDER THIS AGREEMENT IS PROVIDED "AS IS" AND MONFOX DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES TITLE, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTIY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MONFOX, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY AND LICENSEE MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THIS AGREEMENT IS GRANTED WITHOUT PAYMENT OF ANY KIND BY LICENSEE THEREFORE MONFOX SHALL NOT BE LIABLE FOR ANY DAMAMGES (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF BUSINESS, PROFITS OR THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM(s) EVEN IF MONFOX OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. TERMINATION: The term of this Agreement shall be 30 days from the
Effective Date and terminate on the earlier of:
a. Expiration of the term
b. Written or electronic notice of termination by Monfox which may be given at any time with or without cause
c. Any breach of this Agreement by LICENSEE and notice thereof by Monfox
d. The filing of any petition in bankruptcy or to appoint a receiver for LICENSEE.
6. GENERAL: LICENSEE shall not export the PROGRAM(s). This Agreement will be governed by the laws of the State of Georgia except with regard to its choice of law rules. This Agreement constitutes the complete, final and exclusive statement of the agreement between Monfox and LICENSEE, which supersedes all proposals, oral or written, and all other communications between the parties relating to the subject matter of this Agreement. No waiver, alteration or modification of the provisions of this Agreement or any of the terms of LICENSEE's purchase order will be valid unless made in writing and signed by a corporate officer of Monfox. If any legal action or proceeding is brought for the enforcement of this Agreement, or because of any alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other cost incurred in that action or proceeding, in addition to any other relief to which such party may be entitled. If any provision or provisions of this Agreement are determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not in any way be affected or impaired thereby.