BEFORE YOU CLICK ON THE "I agree" BUTTON AT THE END OF THIS DOCUMENT, PLEASE CAREFULLY REVIEW ALL TERMS AND CONDITIONS AND BE SURE YOU UNDERSTAND THEM. BY CHOOSING "ACCEPTED" YOU (HEREIN LICENSEE") BECOME A PARTY, WITH HELICON SOFTWARE DEVELOPMENT. (HEREIN "HELICON") TO THE BETA LICENSE AND NON-DISCLOSURE AGREEMENT, LEGALLY BOUND BY ITS TERMS AND CONDITIONS, AS SHOWN. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS SHOWN, YOU MUST SELECT THE "CANCEL" OPTION, IN WHICH CASE THE SOFTWARE MAY NOT BE LEGALLY INSTALLED OR USED.
BETA LICENSE AND NON-DISCLOSURE AGREEMENT
1. Grant of License.
Helicon grants Licensee a non-exclusive, non-transferable license to use one copy of the Helicon Translator ("Software") that will be automatically extracted and/or installed upon Licensee's acceptance of the terms and conditions of this Agreement. The license is granted for evaluation purposes only and only for the term of this Agreement. This program is confidential and has been given to selected licensees and should not be publically discussed. Additional information pertaining to this program should also be treated confidentially. The Software is protected by the copyright laws of Austria and international copyright treaties. All rights of the Software are owned by Helicon.
2. Disclaimer and Limitation of Liability.
THE PRODUCT AND OTHER CONFIDENTIAL INFORMATION ARE PROVIDED AS IS'. HELICON GRANTS NO CONDITIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL HELICON BE LIABLE FOR ANY LOSSES OR DAMAGES CAUSED BY THE USE OF THE PRODUCT BY LICENSEE.
In addition, Helicon does not represent or warrant that it will make the Software generally available to the public or that target dates will be met. Helicon may change or cancel its plans at any time. Licensee hereby acknowledges that the Software is of pre-release quality, has not been fully tested, and may contain errors. Licensee assumes the entire risk arising out of the use of the Software and other Confidential Information.
IN NO EVENT SHALL HELICON BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY SORT, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF USE OF THE SOFTWARE OR INABILITY TO USE THE SOFTWARE, EVEN IF HELICON HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
3.Confidentiality.
This program is confidential and has been given to selected licensees and should not be publically discussed. Additional information pertaining to this program should also be treated as confidential. Licensee agrees to maintain Confidential Information in confidence even when the beta-process has been completed and/or terminated. Licensee further agrees to use at least the same care and discretion to avoid disclosure, publication, or dissemination of the Confidential Information as it uses with its own similar information that it does not wish to disclose, publish, or disseminate.
Licensee shall have no obligation of confidentiality with respect to information that (i) is, or becomes, publicly available through no breach of this Agreement by Licensee, but only to the extent that and only from such date as the information becomes so available, (ii) was rightfully in Licensee's possession without obligation of confidentiality prior to receipt from Helicon or is received from a third party who has the right to disclose it, or (iii) is independently developed by Licensee without use of the Confidential Information. Licensee may disclose Confidential Information due to legal obligations beyond Licensee's reasonable control, provided that Licensee gives Helicon prior written notice and a reasonable opportunity to seek a protective order.
4.Term and Termination.
The license terminates at the (i) first commercial shipment by Helicon of the Software, (ii) written notice of termination by either party.
5.General
- This Agreement shall be governed and construed in accordance with the laws of the Republic of Austria.
- If any provision of this Agreement is determined to be void or unenforceable, the remaining
provisions shall be given full force and effect. If any provision is unenforceable because of scope
or breadth, such provision shall be valid to the extent permitted by law.
- No agency, partnership, joint venture or other joint relation is created by this Agreement.
- Licensee may not transfer or assign its rights under this Agreement without prior written consent of Helicon. Any attempt to do so is void. The parties agree that the complete and exclusive statement of the agreement between the parties relating to this subject shall consist of this Agreement. Any reproduction of this Agreement by reliable means will be considered an original of this document. This Agreement is executed in English and may not be modified or amended except in writing signed by authorized representatives of both parties.
If you "agree" to the terms and conditions of the Beta Non-disclosure Agreement and Verification of Eligibility please click "I agree". If you "do not agree" please click "I do not
agree".