EVISION SOFTWARE EVALUATION VERSION LICENSE AGREEMENT

IMPORTANT NOTICE

AS PART OF THE INSTALLATION PROCESS FOR THE EVE EVALUATION VERSION (“THE SOFTWARE”), YOU WILL BE ASKED TO ACCEPT THE TERMS OF THIS “EVISION SOFTWARE LICENSE AGREEMENT.” YOU ARE REQUIRED TO ACCEPT THIS AGREEMENT IF YOU PLAN TO LICENSE THE SOFTWARE, UNLESS YOU HAVE ENTERED INTO A SEPARATE WRITTEN LICENSE AGREEMENT WITH EVISION, LLC PROVIDING OTHERWISE. ACCEPTANCE OF THIS AGREEMENT ALLOWS YOU TO INSTALL, USE, OR COPY THE SOFTWARE IN ACCORDANCE WITH THE TERMS HEREOF. THIS AGREEMENT IS A LEGAL CONTRACT THAT SPECIFIES THE TERMS OF THE LICENSE AND WARRANTY LIMITATION BETWEEN YOU AND EVISION FOR THE SOFTWARE AND ANY RELATED MATERIALS. YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING OR USING THE SOFTWARE. YOU EXPRESSLY AGREE THAT ANY VARYING OR ADDITIONAL TERMS CONTAINED IN ANY PURCHASE ORDER OR OTHER WRITTEN NOTIFICATION OR DOCUMENT ISSUED BY YOU IN RELATION TO THE SOFTWARE LICENSED HEREUNDER SHALL BE OF NO EFFECT.

BY DOWNLOADING, INSTALLING OR USING ANY COPY OF THE SOFTWARE, YOU ARE CONFIRMING THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY DELETE AND DESTROY ALL COPIES OF THE SOFTWARE AND RELATED DOCUMENTATION IN YOUR POSSESSION.

1. eVe Evaluation Version.
   
   
2. The Software is provided without charge. However, the Software is not free software and is subject to the restrictions of this Agreement.
   
   
3. License.
   
   a. Once you have registered with eVision as an Evaluation Customer, eVision grants to you a limited, non-exclusive, non-transferable, non-sublicenseable license to install on a single physical server or workstation and use the Software in binary object code form in accordance with this Agreement solely for internal evaluation use for a period of sixty (60) days from the date of download (the “Evaluation Period”).
   
   b. You may not: (i) disclose the results of software performance benchmarks to any third party without eVision’s prior written consent, (ii) re-distribute the Software in any manner without the prior written consent of eVision, or (iii) copy the Software.
   
   c. Upon the expiration of the Evaluation Period you must stop using the Software. The Software may not be used for any commercial development or for any deployment or ultimate production purposes.
   
   d. For the entirety of the Evaluation Period, you agree to provide the necessary hardware and technical resources for evaluation of the Software, and further agree to provide eVision, upon request, with feedback on product usage and related issues.
   
   e. During the term of the Evaluation Period, eVision shall have the right to use your name and/or your company’s name in its marketing, advertising, and publicity releases relating to the Software. eVision shall bear the full cost of its own independent marketing and promotional efforts.
   
   
4. Restrictions.
   
   a. You may not redistribute the Software in any form, manner, medium or channel, either in stand-alone form, or bundled or integrated with any software or hardware product.
   
   b. You may not modify the Software or attempt to decipher, decompile, disassemble or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restriction.
   
   c. You may not remove any proprietary notices or labels on the Software. Except as expressly allowed herein, you may not reproduce, rent, lease or in any other manner redistribute the Software, or any portion thereof, without eVision’s prior written consent. Any and all documentation accompanying the Software is protected by copyright law and may not be copied, distributed, or reproduced in whole or in part without eVision’s prior written consent.
   
   d. You may not download, install or otherwise export or re-export the Software, or any underlying information or technology, except in full compliance with all laws and regulations of the United States of America, and all other applicable laws and regulations.
   
   
5. Intellectual Property Rights.
   
   a. You acknowledge and agree that eVision shall retain all title, ownership rights, and intellectual property rights including but not limited to patent, copyright, trademark and trade secret rights in and to the Software. All product names, designs and logos associated with the Software are the intellectual property of eVision. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner(s) and are protected by applicable copyright or other law.
   
   
6. Limitation of Warranties, Damages and Liability.
   
   a. EVISION PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR THE SOFTWARE, THE INFORMATION CONTAINED THEREIN, THE PROFITABILITY OR VALUE THEREOF, OR THE ACCURACY OR TIMELINESS THEREOF. THE SOFTWARE AND ANY ACCOMPANYING DOCUMENTATION ARE PROVIDED “AS IS,” AND YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY AND ALL WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
   
   b. eVision, its affiliates and their officers, directors, agents and employees, shall have no liability to you or to third parties, for the accuracy, completeness or currentness of the services provided by eVision, including access to the information provided by the Software, or for delays, errors or omissions therein, or for interruptions in the delivery thereof or any other cause related to the Software or access to the information provided thereto. eVision, its affiliates and their officers, directors, agents and employees, shall have no liability to you or to third parties, for any loss or corruption of data, or for the failure of the Software to work with any given database, network or network application.
   
   c. IN NO CASE SHALL EVISION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF EVISION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL EVISION'S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU TO EVISION. This limitation on liability, and the disclaimers of warranties contained in this Agreement, inure to the benefit of eVision’s licensors.
   
   
7. Termination
   
   a. The license granted herein for the Software shall automatically terminate upon sixty (60) days after you first install the Software. Subsequent downloads, installations or use of the Software by or for you will not extend, renew, or otherwise restart the term of the license.
   
   b. This Agreement will terminate immediately without notice from eVision if you fail to comply with any provision of this Agreement.
   
   c. Upon termination you must destroy the Software and all backup copies thereof.
   
   d. Termination is not eVision’s sole remedy under this Agreement, and, whether or not termination is effected, all other remedies, legal and equitable, shall remain available to eVision.
   
   
8. General Provisions
   
   a. This Agreement is not assignable by you without eVision’s prior written consent. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors in interest, permitted assigns and representatives.
   
   b. The failure of eVision to exercise any right or remedy provided for herein shall not be deemed a waiver of any right or remedy hereunder. No waiver by any party of any breach of any provisions hereof shall constitute a waiver unless made in writing and signed by the party in question.
   
   c. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. The parties agree that all actions, suits, and proceedings in any manner or way arising out of or in respect to this Agreement or any documents executed concurrently herewith, shall be litigated in courts within the County of Cook, State of Illinois, or having jurisdiction with respect to said County. You and eVision expressly agree to submit to the jurisdiction of any federal or state court located within or having competent jurisdiction over said County. You and eVision waive any right either may have to change the venue of any litigation brought in accordance herewith.
   
   d. In any action or proceeding to enforce any terms or provisions of this Agreement or on account of a breach hereof, the prevailing party shall be entitled to recover all its expenses, including, without limitation, reasonable attorney’s fees and costs.
   
   e. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, such determination shall not affect the validity or enforceability of any remaining provisions of this Agreement. If any provision of this Agreement is invalid under any applicable statute or rule of law, it shall be enforced to the maximum extent possible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
   
   f. It is expressly understood and agreed that you are acting hereunder as an independent contractor, and under no circumstances shall any you, your employees or agents be deemed of the employees or agents of eVision. This Agreement shall not be construed as authority for either party to act for the other party in any agency or other capacity, or to make commitments of any kind for the account of or on behalf of the other party.
   
   g. Except as set forth herein, the rights and remedies of the parties set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity.
   
   h. Each party acknowledges that this Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and merges all previous proposals, negotiations, representations, commitments, writings, understandings, agreements, and all other communications, both oral and written, between the parties. This Agreement may not be modified or altered except by a written instrument executed by a duly authorized representative of each of the parties.
   
   i. The headings in this Agreement are used for convenience of reference and shall not be deemed to modify or affect the interpretation of this Agreement.

If you have any questions concerning this Agreement or the software or related documentation, you may contact eVision at www.evisionglobal.com.

eVision LLC,
an Illinois Limited Liability Company corporation

Copyright © 2001. eVision, LLC. All Rights Reserved.

Other product and company names appearing in eVision products and materials are used for identification purposes only and may be trademarks or registered trademarks of their respective companies. Registered and unregistered trademarks used in any eVision products and materials are the exclusive property of their respective owners.

Return to SDK Evaluation Version Sign-up