By accepting this agreement, you are acknowledging the terms and conditions of this software license issued by WARATEK AMERICAS LLC, a Delaware Limited Liability Company (“WARATEK” or “Licensor”). A full copy of this license agreement is available from Terms@Waratek.com.
- License Grants
WARATEK grants a non-exclusive and non-transferable license to the Software described in this invoice. Each license covers up to two JVMs/CLRs.
This license is granted for a term of 12 consecutive months, effective upon delivery of the software. This license will automatically renew unless you give notice to Waratek in written at least 90 days prior to the expiration date of this license.
- Intellectual Property
Except as stated herein, this Agreement does not grant any intellectual property rights in the Software or in any component of the Software. Any rights not expressly granted to here are reserved by WARATEK, which retains title and full ownership right under the copyright laws of the United States or any other jurisdiction or foreign laws. You acknowledge such ownership and intellectual property rights and except as otherwise expressly permitted in this Agreement, you will not:
- modify or create any derivative works of any Software or Software documentation
- decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for any Software (except to the extent applicable laws specifically prohibit such restrictions)
- re-distribute, encumber, sell, rent, lease, sublicense the Software, except as to your authorized Affiliates, if any.
- Limited Warranty and Disclaimer
Upon payment of the applicable license fee, WARATEK warrants that for a period of ninety (90) days from the date of successful completion of Software implementation, the Software substantially conforms to its published specifications. Such warranty shall be extended and continued so long as Licensee pays the applicable license fees.WARATEK warrants and covenants that : (i) WARATEK has the power and authority to execute and deliver the Agreement; (ii) WARATEK has taken all necessary corporate action to authorize the execution and delivery of the Agreement, and the Agreement is and shall be the legal, valid, and binding obligation of WARATEK enforceable in accordance with its terms; (iii) WARATEK owns or has acquired rights to all proprietary interests in the Software and documentation necessary to grant the licenses set forth in the Agreement; (iv) to the knowledge of WARATEK, the Software contains no virus, Trojan horse, worm, or other software routines designed either to permit unauthorized access by third parties or to disable, erase or otherwise harm Licensee’s data, hardware or computer system; (v) the documentation is reasonably sufficient for the operation and maintenance of the Software by reasonably competent and trained End Users; and (vi) all Services provided by WARATEK will be performed in a workmanlike manner pursuant to generally accepted industry standards..WARATEK AND ITS SUPPLIERS PROVIDE NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED FOR ANY SAMPLE APPLICATION CODE, ALPHA CODE OR TRIAL VERSION OF THE SOFTWARE. ANY TRIAL VERSION OR TEST VERSION (NON GA VERSION) OR SAMPLE APPLICATION CODE OF THE SOFTWARE ARE PROVIDED “AS IS”.
EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO SOFTWARE OTHER THAN ANY SAMPLE APPLICATION CODE OR TRIAL VERSION, WARATEK, ITS SUPPLIERS AND RESELLERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. WARATEK DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF SHIPMENT OF THE SOFTWARE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WARATEK, ITS SUPPLIERS AND RESELLERS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
Any and all warranties shall be void if the Software has been modified without authorization by WARATEK or if installed on or used with equipment by LICENSEE which does not meet the minimum requirements necessary for proper operation as set forth by WARATEK and provided to licensee. neither party shall be liable for any failure or delay in performance due to any cause beyond such party’s control including but not limited to accident, acts of God, fire or water damage, acts of war, riots, strikes, lightning, electrical disturbances or other similar cause.