IMPORTANT: READ CAREFULLY BEFORE ATTEMPTING TO DOWNLOAD HOSTTEST.
This License Agreement is a legal agreement between you (either an individual or a single entity) and Hummingbird Ltd. (“HUMMINGBIRD”) for HOSTTEST which includes computer software and associated printed materials (if any), and may include on-line or electronic documentation (collectively, “HostTest”).
By downloading, installing, copying or otherwise using all or any portion of HostTest, you agree to be bound by the terms of this License Agreement.
If you do not agree to the terms of this License Agreement, signify by choosing “I DISAGREE” below, and you will be returned to the HUMMINGBIRD Homepage and HostTest will not be downloaded.
1. GRANT OF LICENSE. HUMMINGBIRD grants you a non-exclusive license to use HostTest, provided you agree to the following:
2. USE AND COPIES. Provided that you are a licensee of any of the following HUMMINGBIRD products : EXCEED POWERSUITE, EXCEED, EXCEED XDK, EXCEED 3D, NFS MAESTRO SOLO, NFS MAESTRO CLIENT, NFS MAESTRO GATEWAY, NFS MAESTRO SERVER, HOSTEXPLORER, HOSTEXPLORER DEPLOYMENT WIZARD, HUMMINGBIRD E-GATEWAY, HUMMINGBIRD E-TOOLKIT, HOSTEXPLORER WEB, EXCEED ONDEMAND, HUMMINGBIRD SECURITY PACK, HUMMINGBIRD grants you the right to download and make copies of HostTest, up to the number of licensed users authorized in your HUMMINGBIRD license agreement, for personal use or use
within your single entity. HUMMINGBIRD licenses you to make one copy only of HostTest for backup purposes.
3. RESTRICTIONS ON USE. You may not; (i) transfer, sublicense, rent, distribute or grant your rights in HostTest, or in the License Agreement, to third parties; or (ii) attempt in any way to determine the source code of HostTest, or modify, disassemble, reverse assemble, or create derivative works based on HostTest.
4. TITLE AND COPYRIGHT. HostTest (including any images, applets, photographs, animations, video, audio, music and text incorporated into HostTest) is owned by HUMMINGBIRD or its suppliers and is protected by Canadian copyright laws and international treaty provisions. Part of HostTest may have been developed by a third party software supplier, which holds copyright and other proprietary rights to HostTest.
5. TERMINATION. You may terminate this License Agreement at any time. HUMMINGBIRD reserves the right to terminate this License Agreement upon breach of these terms and conditions. In the event of termination, you must destroy all copies of HostTest.
6. NO WARRANTY. HOSTTEST IS BEING DELIVERED TO YOU “AS IS” AND ANY USE OF HOSTTEST IS AT YOUR OWN RISK. HUMMINGBIRD DOES NOT WARRANT THAT THE OPERATION OF HOSTTEST WILL BE UNINTERRUPTED OR ERROR FREE, OR IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HUMMINGBIRD DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO HOSTTEST.
7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. HUMMINGBIRD SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING IN CONNECTION WITH THIS LICENSE AGREEMENT OR THE USE OF HOSTTEST, INCLUDING, WITHOUT LIMITATION, ANY LOST DATA, LOST REVENUE OR LOST PROFITS EVEN IF HUMMINGBIRD HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORSEEN SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL HUMMINGBIRD’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS LICENSE AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO HUMMINGBIRD HEREUNDER, IF ANY.
8. JURISDICTION. This License Agreement is governed by the laws of the Province of Ontario, excluding its conflict of laws provisions.
The parties agree that the U.N. Convention on Contracts for the International Sale of Goods shall not apply to this License Agreement.
9. EXPORT RULES. You agree that HostTest will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any export laws, restrictions or regulations (collectively, the “Export Laws”). If HostTest is identified as an export controlled item under any Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation and you are not otherwise prohibited under the Export Laws from receiving HostTest.
10. U.S. GOVERNMENT RESTRICTED RIGHTS. HostTest and the documentation are “commercial items” as that term is defined in 48 C.F.R. 2.101 consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, if the licensee hereunder is the U.S. Government or any agency or department thereof, HostTest and the documentation are licensed hereunder (i) only as a commercial items, and (ii) with only those rights as granted to all other end users pursuant to the terms and conditions hereof.
11. GENERAL. The parties hereby agree that this License Agreement and all associated documents will be in the English language.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND HUMMINGBIRD AND SUPERSEDES ANY EARLIER PROPOSAL OR PRIOR ARRANGEMENT, WHETHER ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND HUMMINGBIRD RELATIVE TO THE SUBJECT MATTER OF THIS LICENSE
AGREEMENT.
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