It is specifically for the product(s) (check one or more):
__ RoAccess
__ RoLoader
__ RoQuery
__ Stand Alone RoLoader
"Product(s)" means the computer software program or programs specified by name below, or any portion of such program or programs, together with all related materials, documentation and information, or any portion thereof, and any modifications, corrections, improvements, enhancements and updates thereto, received in any form , tangible or intangible, but Evaluator from August, and including methods, processes or techniques utilized in the Product(s). August shat provide all Products(s) in the English language.
This agreement is for the use of RoAccessTM. This product may be evaluated on any server (Unix, NT or Windows95) for the duration. The duration is for approximately 30 days from when the Program is operational at you site. The Evaluator may use this product only for the evaluation of its suitability for Rochade WEB and non-WEB access.
Evaluator hereby acknowledges that the Product (including methods, processes or techniques utilized in such Product) are proprietary to and valuable trade secrets of August and are protected by United States copyright law and International treaties. This agreement does not transfer any title or ownership rights in any product, or copy thereof, to Evaluator. Evaluator shall maintain the Product free of all liens or claims and shall take all reasonable steps to confirm title to the Product in August.. Evaluator shall not use, copy, modify, transfer, download merge, make any translation or derivative work or otherwise deal with the product except as expressly provided in the Agreement. The Evaluator agrees to take all steps necessary to ensure that the Product shall not be disclosed to, or used by, any person, association or entity except the Evaluator's own employees and then only to the extent necessary in connection with the permitted use of the Product. These obligations survive the expiration or termination of this Agreement.
August hereby disclaims and excluded all warranties, concerning products or services provided by August, express, implied or statutory, including, without limitation, any warranty of merchantability, title, the condition of any product, fitness for a particular purpose, or increased efficiency of use of hardware of software computer systems, data or programs. Whether or not advised of the possibility of such damages, August shall not under any circumstances be liable to Evaluator or any other party for any special, indirect, or consequential damages of any kind, including, without limitation, damages for loss of goodwill, work stoppage, lost profits, lost data or computer hardware or software damage, failure or malfunction.
If Evaluator decides not to license the Product, Evaluator shall give written or e-mailed notice to August of such decision prior to the expiration of the Product Evaluation Period. If August does not receive such notice, written or e-mailed, August shall deliver to Evaluator its standard Proprietary Software License Agreement for execution and shall invoice the License Fee.
If a Proprietary Software License Agreement with August has not been executed by Evaluator, upon the expiration of the Product Evaluation Period, or at any time sooner, Evacuator shall immediately discontinue all use of the Product and return or destroy any software, media or documentation and delete all copies of the Products from its computer libraries. An officer of Evaluator will promptly confirm to August in writing or by e-mail that these obligations have been completed.
Evaluator:
By:__________________________________
Date:_________________________________