TRIAL SOFTWARE EVALUATION LICENSE AGREEMENT
End User Agreement
By clicking on the "Checkbox" button, installing, copying or otherwise using the Software, you agree to be bound by the terms of this License Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT INSTALL THE SOFTWARE.
POULIN-HUGIN IS WILLING TO LICENSE PATTERNS AND PREDICTIONS SOFTWARE AND ACCOMPANYING DOCUMENTATION FOR EVALUATION PURPOSES UPON THE CONDITION THAT ALL OF THE TERMS OF THIS EVALUATION LICENSE AGREEMENT ARE ACCEPTED BY THE LICENSEE. PLEASE READ THESE TERMS CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING OR USING THE SOFTWARE, LICENSEE CONSENTS TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT.
Poulin Holdings, LLC and HUGIN Expert A/S, hereinafter called "POULIN-HUGIN'', and the organization/institution hereinafter called "LICENSEE" agree that the following terms and conditions will apply to the use of the computer software product hereinafter called "PATTERNS AND PREDICTIONS SOFTWARE" a copy of which is being supplied by POULIN-HUGIN to LICENSEE.
1. Grant. POULIN-HUGIN provides PATTERNS AND PREDICTIONS SOFTWARE and related documentation to LICENSEE and grants to LICENSEE a non-exclusive and non-transferable right to use PATTERNS AND PREDICTIONS SOFTWARE and related documentation during the trial period for evaluation purposes only. No license, right or interest in any trademark, trade name or service mark of POULIN-HUGIN or any third party from whom POULIN-HUGIN has acquired such license rights are granted under this License. PATTERNS AND PREDICTONS SOFTWARE should be used by the LICENSEE only on a single computer system owned, leased or operated by the LICENSEE.
2. Term. This Agreement shall become effective upon its acceptance by the authorized representatives of POULIN-HUGIN and LICENSEE. The Agreement shall remain in effect during the trial period except that POULIN-HUGIN may discontinue the license or terminate the Agreement if LICENSEE fails to comply with any terms or conditions thereof.
3. Charges. During the trial period the license is free for evaluation purposes only. During the trial period the data engine is limited to 30 DAYS. Then the license expires and the data engine ceases to operate. POULIN-HUGIN does NOT guarantee that any data produced from the trial copy during the evaluation period will remain and be available after expiration of the trial period for any purpose including use with a fully-licensed version of the PATTERNS AND PREDICTIONS SOFTWARE. A full license thereafter can be purchased by LICENSEE by contacting POULIN-HUGIN at Phone No. +45 9655 0790 or by visiting www.patternsandpredictions.com, In the event that a full license is not purchased LICENSEE shall promptly delete and or return all materials provided by POULIN-HUGIN in connection with the PATTERNS AND PREDICTIONS SOFTWARE.
4. Restricted Use. LICENSEE agrees to maintain PATTERNS AND PREDICTIONS SOFTWARE object code and related documentation in confidence and will not make PATTERNS AND PREDICTIONS SOFTWARE or any derivative thereof available for any use whatsoever in any form to any other individual or firm. LICENSEE agrees to take appropriate action by instruction, agreement or otherwise with all persons permitted access to PATTERNS AND PREDICTIONS SOFTWARE or any derivative thereof to satisfy LICENSEE's protection and security obligations under this Agreement. LICENSEE may not copy or allow others to copy, in whole or in part, PATTERNS AND PREDICTIONS SOFTWARE for any purpose. LICENSEE shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the PATTERNS AND PREDICTIONS SOFTWARE or Documentation or remove any proprietary notices or labels on the PATTERNS AND PREDICTIONS SOFTWARE or Documentation, disclose benchmarks or other comparisons of the PATTERNS AND PREDICTIONS SOFTWARE, disclose any confidential information provided by POULIN-HUGIN; allow others to make or obtain copies of the PATTERNS AND PREDICTIONS SOFTWARE; or use the PATTERNS AND PREDICTIONS SOFTWARE for commercial/production purposes. Use of the PATTERNS AND PREDICTIONS SOFTWARE for commercial/production purposes constitutes an agreement to purchase a license in the PATTERNS AND PREDICTIONS SOFTWARE at POULIN-HUGIN's list price and in accordance with POULIN-HUGIN's standard customer license. The LICENSEE agrees to take reasonable and customary precautions to prevent unauthorized access to the software or parts thereof by non authorized third parties or unauthorized users.
5. Non-Assignment. Under no circumstances shall this Agreement or any of the rights granted to LICENSEE hereunder be sold, assigned or sub-licensed, voluntarily or by operation by law, to any other person or entity, and any such purported sale, assignment or sub-license shall be void.
6. Warranty. PATTERNS AND PREDICTIONS SOFTWARE is provided without warranty of any kind, either expressed or implied, including without limitation implied warranties or merchantability and fitness for a particular purpose. POULIN-HUGIN disclaims any responsibility for ease of installation, accuracy, completeness or correctness of PATTERNS AND PREDICTIONS SOFTWARE. POULIN-HUGIN does not warrant that PATTERNS AND PREDICTIONS SOFTWARE will meet LICENSEE's requirements or that operations involving PATTERNS AND PREDICTIONS SOFTWARE will be uninterrupted or error free.
7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT CONTRACT OR OTHERWISE, SHALL POULIN-HUGIN BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY. FURTHER, IN NO EVENT SHALL POULIN-HUGIN'S LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED THE LICENSE FEE PAID TO POULIN-HUGIN FOR THE SOFTWARE AND DOCUMENTATION.
8. Applicable Law. This Agreement shall be governed by, subject to and interpreted in accordance with the laws of the Commonwealth of Massachusetts and the Danish Court (for Hugin components), and LICENSEE and POULIN-HUGIN shall submit to the jurisdiction of the Commonwealth of Massachusetts and the Danish court.
9. Entire Agreement: This Agreement constitutes the entire agreement between the parties concerning use of the PATTERNS AND PREDICTIONS SOFTWARE. This Agreement supersedes any prior verbal understanding between the parties and any purchase order or other ordering document, regardless of whether such document is received by POULIN-HUGIN before or after execution of this Agreement.