IMPORTANT: READ CAREFULLY

1. Kalimetrix Program License Agreement

License

The Program is owned by KALIMETRIX or an KALIMETRIX supplier, and is copyrighted and licensed, not sold.

KALIMETRIX grants You a nonexclusive license to use the Program when You lawfully acquire it.

You may 1) use the Program only for internal evaluation, testing, or demonstration purposes, on a trial or "try-and-buy" basis; and 2) make and install a reasonable number of copies, including a backup copy, of the Program to support such use. The terms of this license apply to each copy You make. You will reproduce all copyright notices and all other legends of ownership on each copy, or partial copy, of the Program.

THE PROGRAM MAY CONTAIN A DISABLING DEVICE THAT WILL PREVENT IT FROM BEING USED AFTER THE EVALUATION PERIOD ENDS. YOU WILL NOT TAMPER WITH THIS DISABLING DEVICE OR THE PROGRAM. YOU SHOULD TAKE PRECAUTIONS TO AVOID ANY LOSS OF DATA THAT MIGHT RESULT WHEN THE PROGRAM CAN NO LONGER BE USED.

You will 1) maintain a record of all copies of the Program and 2) ensure that anyone who uses the Program (accessed either locally or remotely) does so only for Your authorized use and complies with the terms of this Agreement.

You may not 1) use, copy, modify or distribute the Program except as provided in this Agreement; 2) reverse assemble, reverse compile, or otherwise translate the Program except as specifically permitted by law without the possibility of contractual waiver; or 3) sublicense, rent, or lease the Program.

The evaluation period begins when You agree to the terms of this Agreement and ends 1) as of the duration or date specified in the License Information, or 2) when the Program automatically disables itself. There is no charge for the use of the Program for the duration of the evaluation period. Unless KALIMETRIX specifies in the License Information that You may retain the Program, You will destroy the Program and all copies made of it within ten days of the end of the evaluation period. If KALIMETRIX specifies that You may retain the Program, and You elect to do so, the Program will be then subject to a different license agreement, that will be provided to You at that time. In addition, a charge may apply.

KALIMETRIX may terminate Your license if You fail to comply with the terms of this Agreement. If KALIMETRIX does so, You must destroy all copies of the Program.

2. No Warranty

SUBJECT TO ANY STATUTORY WARRANTIES WHICH CANNOT BE EXCLUDED, KALIMETRIX MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, REGARDING THE PROGRAM OR TECHNICAL SUPPORT, IF ANY.

The exclusion also applies to any of KALIMETRIX's Program developers and suppliers.

Manufacturers, suppliers, or publishers of non-KALIMETRIX Programs may provide their own warranties.

KALIMETRIX does not provide technical support, unless KALIMETRIX specifies otherwise.

3. Limitation of Liability

Circumstances may arise where, because of a default on KALIMETRIX's part or other liability, You are entitled to recover damages from KALIMETRIX. In each such instance, regardless of the basis on which You may be entitled to claim damages from KALIMETRIX, (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), KALIMETRIX is liable for no more than 1) damages for bodily injury (including death) and damage to real property and tangible personal property and 2) the amount of any other actual direct damages up to the charges for the Program that is the subject of the claim.

This limitation of liability also applies to KALIMETRIX's Program developers and suppliers. It is the maximum for which they and KALIMETRIX are collectively responsible.

UNDER NO CIRCUMSTANCES IS KALIMETRIX, ITS PROGRAM DEVELOPERS OR SUPPLIERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 

1. LOSS OF, OR DAMAGE TO, DATA;

2. SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR

3. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

4. General

1. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.

2. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect.

3. You may not export the Program.

4. You agree to allow KALIMETRIX to store and use Your contact information, including names, phone numbers, and e-mail addresses, anywhere they do business. Such information will be processed and used in connection with our business relationship, and may be provided to contractors, Business Partners, and assignees of KALIMETRIX for uses consistent with their collective business activities, including communicating with You (for example, for processing orders, for promotions, and for market research).

5. Neither You nor KALIMETRIX will bring a legal action under this Agreement more than two years after the cause of action arose unless otherwise provided by local law without the possibility of contractual waiver or limitation.

6. Neither You nor KALIMETRIX is responsible for failure to fulfill any obligations due to causes beyond its control.

7. This Agreement will not create any right or cause of action for any third party, nor will KALIMETRIX be responsible for any third party claims against You except, as permitted by the Limitation of Liability section above, for bodily injury (including death) or damage to real or tangible personal property for which KALIMETRIX is legally liable.

5. Governing Law, Jurisdiction, and Arbitration

Governing Law

Both You and KALIMETRIX consent to the application of the laws of the country in which You acquired the Program license to govern, interpret, and enforce all of Your and KALIMETRIX's rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, without regard to conflict of law principles.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Jurisdiction

All of our rights, duties, and obligations are subject to the courts of the country in which You acquired the Program license.