CLARIUS CONSULTING PRE-RELEASE SOFTWARE LICENSE TERMS
These license terms are an agreement between Clarius Consulting S.A. (Clarius), a software development firm based in Argentina, and you. Please read them. They apply to the pre-release software named above, which includes the media on which you received it, if any. The terms also apply to any Clarius Internet-based services, updates and support services for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software.
1) INSTALLATION AND USE RIGHTS.
You may install and use any number of copies of the software on computers located on your premises.
You may not distribute the software.
2) PRE-RELEASE SOFTWARE. This software is a pre-release version which may have limited features and it may cease operating after a predetermined amount of time due to an internal mechanism within the software. It may not work the way a final version of the software will. We may change it for the final, commercial version. We also may not release a commercial version.
3) Scope of License. The software is licensed, not sold. This agreement only gives you some rights to use the software. Clarius reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
disclose the results of any benchmark tests of the software to any third party without Clarius’ prior written approval;
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
publish the software for others to copy;
rent, lease or lend the software;
transfer the software or this agreement to any third party; or
use the software for commercial software hosting services.
4) FEEDBACK. If you give feedback about the software to Clarius, you give to Clarius, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a Clarius software or service that includes the feedback. You will not give feedback that is subject to a license that requires Clarius to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.
5) The software is not designed, manufactured or intended for use or resale IN online control equipment:
For personal information that identifies or can be used to identify, contact, or locate the person who the information is about; or if the identification or contact information of a person can be obtained; or, financial information or social security information or other governmental identifier; or
In hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, direct life support machines, or weapons systems, in which failure of the software could lead directly to death, personal injury, or severe physical or environmental damage.
6) SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
7) Entire Agreement. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8) Applicable Law. Argentinean Federal law and Provincia de Buenos Aires state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
9) Legal Effect. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10) Disclaimer of Warranty. The software is licensed “as-is.” You bear the risk of using it. Clarius gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Clarius excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
11) Limitation on and Exclusion of Remedies and Damages. You can recover from Clarius and its suppliers only direct damages up to ARS $1.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Clarius knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.