Common use of Evaluation License Clause in Contracts

Evaluation License. Licensor is the owner and provider of certain proprietary software and documentation that Licensee desires to have tested and evaluated on the terms and conditions of this Section 22("Software"). For a term not to exceed fourteen (14) days ("Evaluation Period") without Licensor's written authorization, the Software will be provided solely for evaluation purposes for Licensee's own internal use ("Evaluation") and Licensee is hereby granted a nontransferable, nonexclusive, limited license to operate and use the Software for such Evaluation. The Evaluation Period begins on the date Licensee downloads or unseals the Software. At the end of the Evaluation Period, Licensee shall cease using and shall remove the Software from its systems. This requirement applies to copies of the Software in all forms (partial and complete) on all types of media and computer memory and whether or not merged into other materials. Licensee agrees not to cause or permit the reverse engineering, disassembly, modification, translation or decompilation of the Software. Licensee shall not copy the Software, or write or develop any derivative software. Licensee shall not release the results of any Evaluation testing or other performance results of the Software conducted under this Section 22 to any third party without Licensor's prior written consent for each such release. THE SOFTWARE PROVIDED FOR THIS EVALUATION IS DELIVERED "AS IS, WHERE IS" AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Licensor does not warrant that the Products will operate without interruption or be error free. Sections 5, 9, 11-15 and 17-21 of the Agreement shall be deemed incorporated by this reference in the Evaluation license granted under this Section 22.

Evaluation License. Licensor is the owner and provider of certain proprietary software and documentation that Licensee desires to have tested and evaluated on the terms and conditions of this Section 22("Software"22(“Software”). For a term not to exceed fourteen (14) days ("“Evaluation Period"”) without Licensor's ’s written authorization, the Software will be provided solely for evaluation purposes for Licensee's ’s own internal use ("“Evaluation"”) and Licensee is hereby granted a nontransferable, nonexclusive, limited license to operate and use the Software for such Evaluation. The Evaluation Period begins on the date Licensee downloads or unseals the Software. At the end of the Evaluation Period, Licensee shall cease using and shall remove the Software from its systems. This requirement applies to copies of the Software in all forms (partial and complete) on all types of media and computer memory and whether or not merged into other materials. Licensee agrees not to cause or permit the reverse engineering, disassembly, modification, translation or decompilation of the Software. Licensee shall not copy the Software, or write or develop any derivative software. Licensee shall not release the results of any Evaluation testing or other performance results of the Software conducted under this Section 22 to any third party without Licensor's ’s prior written consent for each such release. THE SOFTWARE PROVIDED FOR THIS EVALUATION IS DELIVERED "AS IS, WHERE IS" AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Licensor does not warrant that the Products will operate without interruption or be error free. Sections 5, 9, 11-15 and 17-21 of the Agreement shall be deemed incorporated by this reference in the Evaluation license granted under this Section 22.

Evaluation License. Licensor is the owner and provider of certain proprietary software and documentation that Licensee desires to have tested and evaluated on the terms and conditions of this Section 22("Software"). For a term not to exceed fourteen ninety (1490) days ("Evaluation Period") without Licensor's written authorization, the Software will be provided solely for evaluation purposes for Licensee's own internal use ("Evaluation") and Licensee is hereby granted a nontransferable, nonexclusive, limited license to operate and use the Software for such Evaluation. The Evaluation Period begins on the date Licensee downloads or unseals the Software. At the end of the Evaluation Period, Licensee shall cease using the Software and shall remove the Software from its systems. This requirement applies to copies of the Software in all forms (partial and complete) on all types of media and computer memory and whether or not merged into other materials. Licensee agrees not to cause or permit the reverse engineering, disassembly, modification, translation or decompilation of the Software. Licensee shall not copy the Software, or write or develop any derivative software. Licensee shall not release the results of any Evaluation testing or other performance results of the Software conducted under this Section 22 to any third party without Licensor's prior written consent for each such release. THE SOFTWARE PROVIDED FOR THIS EVALUATION IS DELIVERED "AS IS, WHERE IS" AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Licensor does not warrant that the Products will operate without interruption or be error free. Sections 5, 9, 11-15 15, and 17-21 of the Agreement shall be deemed incorporated by this reference in the Evaluation license granted under this Section 22.

Evaluation License. Licensor is the owner and provider of certain proprietary software and documentation that Licensee desires to have tested and evaluated on the terms and conditions of this Section 22("Software"22 (“Software”). For a term not to exceed fourteen (14) days ("“Evaluation Period"”) without Licensor's ’s written authorization, the Software will be provided solely for evaluation purposes for Licensee's ’s own internal use ("“Evaluation"”) and Licensee is hereby granted a nontransferablenon-transferable, nonexclusive, limited license to operate and use the Software for such Evaluation. The Evaluation Period begins on the date Licensee downloads or unseals the Software. At the end of the Evaluation Period, Licensee shall cease using and shall remove return the Software from its systemsto Licensor in original condition or certify to Licensor in writing that such Software has been uninstalled and destroyed. This requirement applies to copies of the Software in all forms (partial and complete) on all types of media and computer memory and whether or not merged into other materials. Licensee agrees not to cause or permit the reverse engineering, disassembly, modification, translation or decompilation of the Software. Licensee shall not copy the Software, or write or develop any derivative software. Licensee shall not release the results of any Evaluation testing or other performance results of the Software conducted under this Section 22 to any third party without Licensor's ’s prior written consent for each such release. THE SOFTWARE PROVIDED FOR THIS EVALUATION IS DELIVERED "AS IS, WHERE IS" AND LICENSOR Licensor SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Licensor does not warrant that the Products will operate without interruption or be error free. Sections 5, 9, 11-15 15, and 17-17- 21 of the Agreement shall be deemed incorporated by this reference in the Evaluation license granted under this Section 22.

Evaluation License. Licensor is the owner and provider of certain proprietary software and documentation that Licensee desires to have tested and evaluated on the terms and conditions of this Section 22("Software"22 (“Software”). For a term not to exceed fourteen (14) days ("“Evaluation Period"”) without Licensor's ’s written authorization, the Software will be provided solely for evaluation purposes for Licensee's ’s own internal use ("“Evaluation"”) and Licensee is hereby granted a nontransferable, nonexclusive, limited license to operate and use the Software for such Evaluation. The Evaluation Period begins on the date Licensee downloads or unseals the Software. At the end of the Evaluation Period, Licensee shall cease using and shall remove the Software from its systems. This requirement applies to copies of the Software in all forms (partial and complete) on all types of media and computer memory and whether or not merged into other materials. Licensee agrees not to cause or permit the reverse engineering, disassembly, modification, translation or decompilation of the Software. Licensee shall not copy the Software, or write or develop any derivative software. Licensee shall not release the results of any Evaluation testing or other performance results of the Software conducted under this Section 22 to any third party without Licensor's ’s prior written consent for each such release. THE SOFTWARE PROVIDED FOR THIS EVALUATION IS DELIVERED "AS IS, WHERE IS" AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Licensor does not warrant that the Products will operate without interruption or be error free. Sections 5, 9, 11-15 and 15, 17-21 and 23 of the Agreement shall be deemed incorporated by this reference in the Evaluation license granted under this Section 22.

Evaluation License. Licensor is the owner and provider of certain proprietary software and documentation that Licensee desires to have tested and evaluated on the terms and conditions of this Section 22("Software22 ("Software"). For a term not to exceed fourteen ninety (1490) days ("Evaluation Period") without Licensor's written authorization, the Software will be provided solely for evaluation purposes for Licensee's own internal use ("Evaluation") and Licensee is hereby granted a nontransferable, nonexclusive, limited license to operate and use the Software for such Evaluation. The Evaluation Period begins on the date Licensee downloads or unseals the Software. At the end of the Evaluation Period, Licensee shall cease using the Software and shall remove the Software from its systems. This requirement applies to copies of the Software in all forms (partial and complete) on all types of media and computer memory and whether or not merged into other materials. Licensee agrees not to cause or permit the reverse engineering, disassembly, modification, translation or decompilation of the Software. Licensee shall not copy the Software, or write or develop any derivative software. Licensee shall not release the results of any Evaluation testing or other performance results of the Software conducted under this Section 22 to any third party without Licensor's prior written consent for each such release. THE SOFTWARE PROVIDED FOR THIS EVALUATION IS DELIVERED "AS IS, WHERE IS" AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Licensor does not warrant that the Products will operate without interruption or be error free. Sections 5, 9, 11-15 15, and 17-21 of the Agreement shall be deemed incorporated by this reference in the Evaluation license granted under this Section 22.

Evaluation License. Licensor is the owner and provider of certain proprietary software and documentation that Licensee desires to have tested and evaluated on the terms and conditions of this Section 22("Software"22(“Software”). For a term not to exceed fourteen (14) days ("“Evaluation Period"”) without Licensor's ’s written authorization, the Software will be provided solely for evaluation purposes for Licensee's ’s own internal use ("“Evaluation"”) and Licensee is hereby granted a nontransferable, nonexclusive, limited license to operate and use the Software for such Evaluation. The Evaluation Period begins on the date Licensee downloads or unseals the Software. At the end of the Evaluation Period, Licensee shall cease using and shall remove the Software from its systems. This requirement applies to copies of the Software in all forms (partial and complete) on all types of media and computer memory and whether or not merged into other materials. Licensee agrees not to cause or permit the reverse engineering, disassembly, modification, translation or decompilation of the Software. Licensee shall not copy the Software, or write or develop any derivative software. Licensee shall not release the results of any Evaluation testing or other performance results of the Software conducted under this Section 22 to any third party without Licensor's ’s prior written consent for each such release. THE The SOFTWARE PROVIDED FOR provided for THIS EVALUATION IS DELIVERED "AS IS, WHERE IS" AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY warrantIES of any kind including warranties of merchantability AND FITNESS FOR A PARTICULAR PURPOSEfitness for a particular purpose. Licensor does not warrant that the Products will operate without interruption or be error free. Sections 5, 9, 11-15 and 17-21 of the Agreement shall be deemed incorporated by this reference in the Evaluation license granted under this Section 22.

Evaluation License. Licensor is If you are using the owner and provider of certain proprietary software and documentation that Licensee desires to have tested and evaluated on the terms and conditions of this Section 22("Software"). For a term not to exceed fourteen (14) days ("Evaluation Period") without LicensorSOFTWARE - with LICENSOR's written authorization, the Software will be provided solely consent - for evaluation purposes for Licensee's own internal use ("Evaluation"“EVALUATION LICENSE”), the following specific provisions apply. All other provisions of this AGREEMENT shall remain in full force and effect without limitation. - The EVALUATION LICENSE is free of charge. No INVOICE will be issued. - Notwithstanding Section 1.4 above, (i) the maximum number of allowed LICENSEE SERVER installations, (ii) the maximum number of allowed applications to be analyzed by the SOFTWARE, (iii) the maximum number of allowed user accounts, (iv) the TERM during which the SOFTWARE can be used, and Licensee (v) the maximum number of scans allowed during the TERM will be technically limited in the SOFTWARE at LICENSOR’s sole discretion. Note: Manipulating or otherwise bypassing such technical limitations of the SOFTWARE would be both a breach of contract and a violation of applicable laws. - The TERM of the EVALUATION LICENSE is hereby granted a nontransferablefixed term commencing upon LICENSEE’s receipt of the ACCESS EMAIL. Notwithstanding Section 10.3 above, nonexclusive, limited license at the end of the TERM this AGREEMENT will terminate automatically without any option to operate and use the Software for such Evaluationrenew. The Evaluation Period begins on the date Licensee downloads or unseals the Software. - At the end of the Evaluation PeriodTERM all analysis results generated with the SOFTWARE will no longer be accessible via the SOFTWARE. - Notwithstanding Section 1.11 above, Licensee shall cease using no service and shall remove no support will be provided by RIPS. - Notwithstanding Section 4.1 above, and to the Software from its systems. This requirement applies to copies of the Software in all forms (partial and complete) on all types of media and computer memory and whether or not merged into other materials. Licensee agrees not to cause or permit the reverse engineeringmaximum extent permitted by applicable law, disassembly, modification, translation or decompilation of the Software. Licensee shall not copy the Software, or write or develop any derivative software. Licensee shall not release the results of any Evaluation testing or other performance results of the Software conducted under this Section 22 to any third party without Licensor's prior written consent for each such release. THE SOFTWARE PROVIDED FOR THIS EVALUATION IS DELIVERED "AS IS, WHERE IS" AND LICENSOR SPECIFICALLY RIPS DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND INCLUDING WITH RESPECT TO THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF NON-INFRINGEMENT, OF PERFORMANCE, AND OF COMPLETENESS OF RESULTS. Licensor does not warrant that the Products will operate without interruption or be error freeTHE SOFTWARE IS PROVIDED "AS IS". Sections 5THIS DISCLAIMER SHALL APPLY EVEN IF THE LIMITATIONS SET FORTH HEREIN FAIL OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, 9AND THAT BY INSTALLING OR USING THE SOFTWARE YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. AS IT PERTAINS TO THE SOFTWARE THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, 11-15 and 17-21 of the Agreement shall be deemed incorporated by this reference in the Evaluation license granted under this Section 22.PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND LICENSOR RELATING TO THE SOFTWARE OR THIS AGREEMENT. ANNEX A: INTENTIONALLY LEFT BLANK

Evaluation License. Licensor is the owner and provider of certain proprietary software and documentation that Licensee desires to have tested and evaluated on the terms and conditions of this Section 22("Software"22 (“Software”). For a term not to exceed fourteen (14) days ("“Evaluation Period"”) without Licensor's ’s written authorization, the Software will be provided solely for evaluation purposes for Licensee's ’s own internal use ("“Evaluation"”) and Licensee is hereby granted a nontransferable, nonexclusive, limited license to operate and use the Software for such Evaluation. The Evaluation Period begins on the date Licensee downloads or unseals the Software. At the end of the Evaluation Period, Licensee shall cease using and shall remove the Software from its systems. This requirement applies to copies of the Software in all forms (partial and complete) on all types of media and computer memory and whether or not merged into other materials. Licensee agrees not to cause or permit the reverse engineering, disassembly, modification, translation or decompilation of the Software. Licensee shall not copy the Software, or write or develop any derivative software. Licensee shall not release the results of any Evaluation testing or other performance results of the Software conducted under this Section 22 to any third party without Licensor's ’s prior written consent for each such release. THE SOFTWARE PROVIDED FOR THIS EVALUATION IS DELIVERED "AS IS, WHERE IS" AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Licensor does not warrant that the Products will operate without interruption or be error free. Sections 5, 9, 11-15 and 17-21 of the Agreement shall be deemed incorporated by this reference in the Evaluation license granted under this Section 22.

Evaluation License. Licensor is the owner and provider of certain proprietary software and documentation that Licensee desires to have tested and evaluated on the terms and conditions of this Section 22("Software"22(“Software”). For a term not to exceed fourteen (14) days ("“Evaluation Period"”) without Licensor's ’s written authorization, the Software will be provided solely for evaluation purposes for Licensee's ’s own internal use ("“Evaluation"”) and Licensee is hereby granted a nontransferable, nonexclusive, limited license to operate and use the Software for such Evaluation. The Evaluation Period begins on the date Licensee downloads or unseals the Software. At the end of the Evaluation Period, Licensee shall cease using and shall remove return the Software from its systemsto Embarcadero in original condition. This requirement applies to copies of the Software in all forms (partial and complete) on all types of media and computer memory and whether or not merged into other materials. Licensee agrees not to cause or permit the reverse engineering, disassembly, modification, translation or decompilation of the Software. Licensee shall not copy the Software, or write or develop any derivative software. Licensee shall not release the results of any Evaluation testing or other performance results of the Software conducted under this Section 22 to any third party without Licensor's ’s prior written consent for each such release. THE SOFTWARE PROVIDED FOR THIS EVALUATION IS DELIVERED "AS IS, WHERE IS" AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Licensor Embarcadero does not warrant that the Products will operate without interruption or be error free. Sections 5, 9, 11-15 and 17-21 of the Agreement shall be deemed incorporated by this reference in the Evaluation license granted under this Section 22.

Evaluation License. Licensor is the owner and provider of certain proprietary software and documentation that Licensee desires to have tested and evaluated on the terms and conditions of this Section 22("Software"22 (“Software”). For a term not to exceed fourteen (14) days ("“Evaluation Period"”) without Licensor's ’s written authorization, the Software will be provided solely for evaluation purposes for Licensee's ’s own internal use ("“Evaluation"”) and Licensee is hereby granted a nontransferable, nonexclusive, limited license to operate and use the Software for such Evaluation. The Evaluation Period begins on the date Licensee downloads or unseals the Software. At the end of the Evaluation Period, Licensee shall cease using and shall remove the Software from its systems. This requirement applies to copies of the Software in all forms (partial and complete) on all types of media and computer memory and whether or not merged into other materials. Licensee agrees not to cause or permit the reverse engineering, disassembly, modification, translation or decompilation of the Software. Licensee shall not copy the Software, or write or develop any derivative software. Licensee shall not release the results of any Evaluation testing or other performance results of the Software conducted under this Section 22 to any third party without Licensor's ’s prior written consent for each such release. THE SOFTWARE PROVIDED FOR THIS EVALUATION IS DELIVERED "AS IS, WHERE IS" AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Licensor does not warrant that the Products will operate without interruption or be error free. Sections 5, 9, 11-15 and 17-21 of the Agreement shall be deemed incorporated by this reference in the Evaluation license granted under this Section 22.