This is a legal Agreement between you and Classified Information, Inc.
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD THE SOFTWARE.
- GRANT OF LICENSE - Classified Information, Inc. grants you the right to use one copy of the software program(s) provided by Classified Information, Inc. under this Agreement (the "Software") for evaluation purposes only and only for the term of this Agreement. For the purposes of the evaluation, this Evaluation Agreement shall override the end user license agreement included with the Software package during this Agreement.
- TERM AND TERMINATION - This Agreement shall be effective from the day you first install the Software through the next 30 days. If, after 30 days, you elect not to purchase the software as a single licensed copy or this Agreement is not furthered by Classified Information, Inc., into another arrangement, this Evaluation Agreement will expire and you shall destroy all copied portions of the Software including any and all diskettes and manuals received with the Evaluation copy. If you purchase the Software, all terms and conditions of the End User License Agreement included with the Software will be in full force and effect, and the terms and conditions of the Evaluation Agreement become null and void. By purchasing the Software, you indicate acceptance of the terms and conditions of the End User License Agreement provided with the Software. This License will terminate immediately without notice from Classified Information, Inc. if you fail to comply with ANY provision of this License. Upon termination you must destroy the Software and related documentation. This Agreement may be extended only through a written notice from Classified Information, Inc.
- EXPORT LAW ASSURANCES - You agree and certify that neither the Software, License, nor any other technical data received from Classified Information, Inc., nor the direct product thereof, will be exported outside the United States, resold, or distributed in any way without the express, written consent of Classified Information, Inc. You recognize that in violating this provision, you may cause Classified Information, Inc. irreparable harm including, but not limited to, losses of revenue and attorney fees.
- RESTRICTIONS - The Software contains copyrighted material, trade secrets, and other proprietary material and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. You may not modify, rent, lease, loan, distribute or create derivative works based upon the Software in whole or in part. The Software is owned by Classified Information, Inc. and is protected by the United States copyright laws and the International treaty provisions.
- NO WARRANTIES - This product is provided solely for evaluation purposes. The Software and related documentation are provided ``AS IS'' without warranty of any kind. You expressly acknowledge and agree that use of the Software is at your sole risk. Classified Information and Classified Information's Licensor(s) collectively referred to as "Classified Information, Inc." EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Classified Information, Inc. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, Classified Information, Inc. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULT OF THE USE OF THE SOFTWARE AND RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Classified Information, Inc. OR A Classified Information, Inc. AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR ANYWAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT Classified Information, Inc. OR A Classified Information, Inc. AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- NO LIABILITY FOR CONSEQUENTIAL DAMAGES - UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL Classified Information, Inc. BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (including without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF Classified Information, Inc. OR A Classified Information, Inc. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- CONTROLLING LAW AND SEVERABILITY - This License shall be governed by and construed in accordance with the laws of the United States and the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect.
- MISCELLANEOUS - The entire cost of setup, testing, and evaluation of the Software shall be borne by you.
- COMPLETE AGREEMENT - This License constitutes the entire agreement between the parties with respect to the use of the Software, related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Classified Information, Inc.
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