SOFTWARE EVALUATION
AGREEMENT
This Agreement BETWEEN
Interactive Visualization Systems, Inc.
420 York Street, 3rd Floor
Fredericton, New Brunswick
E3B 3P7 Canada
Referred to below as the
'Vendor'
AND
'User.'
EXPIRATION: 30 Days from the email
date of the demonstration license.
NOTE: Maintenance and full support
are not included in this agreement.
ARTICLES OF AGREEMENT
The Vendor agrees to provide the "the
User", and "the User" agrees to accept for its own use,
the "Product(s)" listed herein in accordance with the Software
Evaluation Agreement Terms and Conditions that follow. The User acknowledges
having read, understood and agreed to the following Terms and Conditions.
This Agreement sets forth the entire
Agreement and understanding of the parties relating to the subject matter
herein. Except as expressly incorporated herein, any and all previous
or collateral agreements, negotiations, proposals, promises and conditions
relating to the subject matter of this Agreement are superseded by this
Agreement.
1. General
1.1 Neither the Agreement nor any provision
of it may be amended, modified or waived except by a written document
signed by an authorized representative of each of the parties.
1.2 This Agreement is not assignable
by either party without the prior written approval of the other.
2. Delivery, Return and Delays
2.1 The Vendor will not be liable for
any delay in delivery of Products or in performance of Services due
to causes beyond the control of the Vendor.
2.2 On or before the loan expiration,
which expires 30 days from date of issue, or sooner, should termination
of this Agreement occur, the User shall return the hardware dongle,
if provided, to the Vendor and remove the Vendor's software from the
demonstration machine.
2.3 If for any reason the product (dongle,
if provided) is not returned to vender within thirty (30) days after
the expiry of the loan agreement, the user will be required to compensate
the vendor for the cost of the product ($100 USD).
3. Software Product License
3.1 This Agreement permits the User to use the Product strictly for
the sole purpose of evaluating the suitability of the Product to the
User's internal, end-use purposes.
3.2 The User may not: (1) copy (other than for back-up purposes), distribute,
rent, lease, transfer or sublicense all or any portion of the Product;
(2) modify or prepare derivative works of the Product; (3) use the Product
for any productive or commercial purpose or publicly display output
of the Product; or (4) translate, modify, reverse engineer, decompile,
or disassemble the Product.
3.3 No title to or ownership of the Software is transferred to the User.