The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Product is licensed, not sold.
For the limited time period specified in Section 1.3 below, Radica grants you the following rights, provided that you comply with all terms and conditions of this Evaluation License:
Radica grants You a limited, non-exclusive, nontransferable, royalty-free license to install and use one copy of the Product on a single computer, device, workstation, terminal, or other digital electronic or analog device ("Device") solely to evaluate the Product, test its compatibility with other products and provide feedback to Radica during the time period identified in Section 1.3 of this Evaluation License. Upon expiration of the permitted time period, Your rights to the Product ends and You must remove and destroy all copies of the Product and any components thereof from your Device. If You desire to use the Product after the completion of the permitted time period specified in Section 1.3 of this Evaluation License, You will need to acquire a valid, non-evaluation license to the Product.
As an alternative to the rights granted in the previous section, You may store or install the Product on a storage Device, such as a network server, used only to install or run the Product on a single computer over an internal network within Your organization for testing, evaluation and providing feedback to Radica during the time period identified in Section 1.3 of this Evaluation License. A license for the Product may not be shared or used concurrently on different Devices.
YOUR RIGHT TO USE THE PRODUCT SHALL BE EFFECTIVE FROM THE DATE YOU FIRST INSTALL ANY PORTION OF THE PRODUCT ON ANY DEVICE AND SHALL CONTINUE FOR A PERIOD OF THIRTY (30) DAYS, AT WHICH TIME YOUR RIGHTS SHALL CEASE. THE PRODUCT IS TIME SENSITIVE AND WILL NOT FUNCTION AFTER APPROXIMATELY 30 DAYS. DEPENDING ON THE CONFIGURATION OF YOUR DEVICE AND OTHER DETAILS, THE PRODUCT MIGHT STOP FUNCTIONING BEFORE THE EXPIRATION OF THE 30 DAY PERIOD. NOTICE OF EXPIRATION MIGHT NOT BE GIVEN, SO YOU NEED TO PLAN FOR THE EXPIRATION DATE AND MAKE A COPY OF AND REMOVE YOUR IMPORTANT DATA BEFORE EXPIRATION. If you desire to use the Product after your evaluation is completed, you will need to acquire a validly licensed copy of the non-evaluation version of the Product.
You may not demonstrate, test, examine, evaluate or otherwise use the Product in a live operating environment or with data that has not been sufficiently backed up.
Your use of software and content that may be accessed through use of the Product may require additional licenses -- please consult the license agreement accompanying such software and content.
Radica reserves all rights not expressly granted to you in this Evaluation License.
Radica hereby requests that you fully examine the Product during the term of this Evaluation License so that you will be fully familiar with it before obtaining a copy of the non-evaluation version of the Product if you choose to obtain a copy of the non-evaluation version. Only your full examination during the evaluation period will determine whether or not the non-evaluation version will be merchantable or fit for your particular purposes.
You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, lend or transfer the Product, or Your license to the Product, or host the Product for third parties. The Product is licensed as a single product; its component parts may not be separated for use on more than one computer. You may not disclose the results of any benchmark test of the Product to any third party without Radica's prior written approval. The Product may include copy protection technology to prevent the unauthorized copying of the Product or may require original media for use of the Product on the Device; it is illegal to make unauthorized copies of the Product or to circumvent any copy protection technology included in the Product.
Radica is not obliged to provide technical or other support for the Product. However, if Radica provides any support services to You, You agree that Radica and its affiliates may collect and use technical information you provide as a part of any such support services related to the Product. Radica agrees not to use this information in a form that personally identifies you.
Without prejudice to any other rights, Radica may terminate this Evaluation License if You fail to comply with the terms and conditions of this Evaluation License. In such event, You must destroy all copies of the Product and all of its component parts.
All title and copyrights in and to the Product (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Product), the accompanying printed materials, and any copies of the Product are owned by Radica or its suppliers. All title and intellectual property rights in and to the content that is not contained in the Product, but that may be accessed through use of the Product, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties; this Evaluation License grants you no rights to any such content. If this Product contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation; You may not copy the printed materials accompanying the Product. The Product is protected by copyright laws and international treaty provisions. Therefore, You must treat the Product like any other copyrighted materials except that You may either (a) make one copy of the Product solely for backup or archival purposes or (b) install the Product on a single computer provided You keep the original solely for backup or archival purposes. You may not copy any printed materials accompanying the Product.
This Evaluation License is governed by the laws of Malaysia.
To the maximum extent permitted by applicable law, Radica and its suppliers provide the Product and any (if any) support services related to the Product ("Support Services") AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RADICA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EVALUATION LICENSE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF RADICA OR ANY SUPPLIER, AND EVEN IF RADICA OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Radica and any of its suppliers under any provision of this Evaluation License and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Product. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Should you have any questions concerning this Evaluation License, or if you desire to contact Radica for any reason, please contact the Radica subsidiary serving your country/region, or write: Radica Software SB, 20B, Jalan Greentown 1, Greentown Nova, 30450 Ipoh, Perak, Malaysia.