PLEASE READ THIS cosbatch TEST DRIVE AGREEMENT ('AGREEMENT') CAREFULLY. BY CLICKING THE 'YES' BUTTON YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT REGARDING ACCESS TO AND USE OF THE cosbatch PRODUCT ('LICENSED SOFTWARE') AND AGREE THAT THIS AGREEMENT IS ENFORCEABLE IN THE SAME WAY AS ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU.
In this Agreement 'OSM' or 'We/Us' means Open Systems Management Ltd, with offices at 9 Millars Brook, Molly Millars Lane, Wokingham, Berks., RG41 2AD, United Kingdom and Open Systems Management Inc. with offices at 1511 Third Avenue, Suite 905, Seattle, WA 98101, USA. 'Licensee' or 'You/Your' means the user whose details have been separately provided to OSM in writing by You for access to the Licensed Software for evaluation purposes and is effective as of the login date ('Effective Date').
1. Temporary License. OSM grants You a temporary, personal, nonexclusive, non-transferrable right to access the Licensed Software on our server for evaluation purposes. There shall be no fee for this access. Such license specifically excludes the right to make copies of the Licensed Software; to make the Licensed Software available in any form to third parties; or to create or attempt to create by reverse engineering or otherwise, the source code or any part thereof from the Licensed Software or from other information made available under this Agreement or otherwise.
2. Term. This Agreement shall become effective on the Effective Date and shall end when You log off or may be terminated upon written notice by either party to the other, whichever occurs first.
3. Confidentiality. You shall hold all parts of the Licensed Software in confidence and shall not disclose any portion of the Licensed Software, including methods or concepts utilized therein, to anyone except Your employees to whom such disclosure is necessary to the evaluation process. The obligations of this clause shall survive termination or expiration of this Agreement.
4. No Warranty. The Licensed Software is provided with no warranty of any kind, express or implied, including the warranties of title, merchantability or fitness for a particular purpose.
5. Limitation of Liability. IN NO EVENT SHALL OSM BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS, DAMAGE OR INJURY TO PERSON OR PROPERTY ARISING OUT OF OR INCIDENT TO THE PERFORMANCE OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY.
6. No Assignment. Neither this Agreement nor any rights granted hereunder shall be assignable or otherwise transferable, in whole or in part, by You without OSM’s prior written consent.
7. Governing Law. This Agreement shall be governed by and construed in accordance with the internal, local laws of England and Wales, except those laws related to choice or conflict of law.
8. Feedback. As consideration for access to the Licensed Software granted to you hereunder, You agree to provide feedback to OSM regarding Your testing and use of the Licensed Software, including error or bug reports.