Evaluation Source License Agreement
This is a License Agreement between Embedthis Software LLC. ("Embedthis") and you, the Licensee.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. YOUR USE OF THE SOFTWARE INDICATES YOUR FULL ACCEPTANCE AND YOU ARE AGREEING TO BE BOUND BY ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. FAILURE TO COMPLY WITH THE TERMS OF THIS AGREEMENT VOIDS THE AGREEMENT, DISALLOWS LICENSEE USE OF THE SOFTWARE AND MAY GIVE RISE TO UNSPECIFIED DAMAGES.
"Integrated Product" means a single Licensee’s product that incorporate(s) the Software in binary form only, together with other hardware or software of significant value-add.
"Software" means the Embedthis software including source code, headers, documentation and data files.
1. License to Use
1.1. Licensee is hereby granted a limited, non-exclusive, non-transferable right to use, compile and modify the Software for evaluation and non-commercial purposes when creating Integrated Products.
1.2. Licensee is prohibited from distributing, selling or renting Integrated Products containing any portion of the Software. Licensee acknowledges that a separate Embedthis license is required for further development after this Agreement has terminated or for the distribution and selling Integrated Products.
2. Copyright and Ownership
2.1. The Software is owned by Embedthis and is protected by international copyright, trademark and any other applicable laws. Licensee must comply with the terms of the copyright notice in the Software and must never remove any notice or product identification from the Software or the accompanying documentation. Licensee acknowledges that the copyright, patent, trade secret and all other intellectual property rights in the Software shall remain the exclusive property of Embedthis. Licensee also acknowledges that Embedthis owns the Embedthis, Appweb and Embedthis GoAhead trademarks and logos.
3. Warranties and Limitations
3.1. Embedthis DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATED TO THE Software, ITS USE OR ANY INABILITY TO USE IT, THE RESULTS OF ITS USE AND THIS Agreement. The Software and any accompanying written materials are supplied "AS IS", without warranty of any kind. Embedthis does not warrant, guarantee or make any representations regarding the use of or the results of the use of the Software or as to its correctness, accuracy, reliability, currentness or otherwise. Licensee assumes the entire risk as to the results and performance of the Software.
4.1. Embedthis may, at its sole discretion, terminate this Agreement if the Licensee breaches any provision of this Agreement and such breach is not cured within thirty (30) days.
5. Applicable Law
5.1. This Agreement will be governed by the laws of the State of Washington, USA and the parties submit to the non-exclusive jurisdiction of the courts of that state.-END-