IMPORTANT NOTICE: CAREFULLY READ AND BE SURE YOU UNDERSTAND THIS xView 2.1 trial EULA (“EULA”) BEFORE YOU ACCEPT ITS PROVISIONS. XTRMX IS WILLING TO LICENSE xView 2.1 trial VERSION SOFTWARE TO YOU ONLY IF YOU ACCEPT ALL OF THE PROVISIONS OF THIS EULA. BY CLICKING THE “I AGREE” OR “YES” BUTTON, BY LOADING xView 2.1 trial VERSION SOFTWARE OR BY OTHERWISE INDICATING ASSENT, YOU ACCEPT THIS EULA AND THIS EULA WILL BECOME A LEGAL AND ENFORCEABLE CONTRACT BETWEEN XTRMX AND YOU. IF YOU DO NOT AGREE TO THESE PROVISIONS, THEN CLICK “CANCEL”, “NO” OR “CLOSE WINDOW”.In the event of discrepancy, contradiction or ambiguity between the EULA and any Documentation, the terms and conditions of this EULA shall prevail. TERMS
1. Disclaimer and Limited Warranty:
(1) The sole purpose of xView 2.1 trial Version Software is to obtain feedback on its performance and to identify defects (hereinafter referred to as “Testing”). You expressly acknowledge that the xView 2.1 trial Version Software is a test product and may contain bugs, errors and other problems that could cause system malfunctions and other failures including but not limited to systems crashes, interruptions and data loss. You are advised to use caution and not to rely in any way on the performance of functioning of the xView 2.1 trial Version Software. .
(2) THE xView 2.1 trial VERSION SOFTWARE AND DOCUMENTATION ARE PROVIDED TO YOU FREE OF CHARGE AND “AS IS”. TO THE EXTENT AUTHORIZED BY LAW, XTRMX MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE xView 2.1 trial VERSION SOFTWARE OR DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XTRMX ALSO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES RELATING TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, SATISFACTORY QUALITY, OR ABILITY TO INTEGRATE THE SOFTWARE WITH OTHER PRODUCTS.
2. xView 2.1 trial license
(1) In connection with this Agreement and subject to the restrictions set forth herein, XTRMX hereby grants to You, a royalty-free, limited, non-exclusive, non-transferable license to install the xView 2.1 trial Version Software solely and exclusively on a Device owned and controlled by You. All title, including but not limited to copyrights, in and to the Software and any copies thereof are owned by XTRMX or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of XTRMX or is licensed to XTRMX or is the property of third parties and may be protected by applicable copyright or other intellectual property laws.
(2) XTRMX reserves the right in its sole discretion to edit, add to or delete any of the Documentation, computer software program(s), data files or other components of the xView 2.1 trial Version Software from time to time. Furthermore, XTRMX shall have the right at any time and from time to time to modify or provide update(s) or upgrade(s) to the xView 2.1 trial Version Software or components thereof as XTRMX may determine in its sole discretion. You agree and acknowledge that no product or service of XTRMX not specifically described in this Agreement shall be deemed to have been licensed to you hereby.
(3) You shall have no right to grant any sublicenses with respect to the xView 2.1 trial Version Software or any component(s) thereof.
(4) Except for the license rights granted to you hereunder, you shall have no right, title or interest in and to the xView 2.1 trial Version Software or any component(s) thereof, including, without limitation, the Documentation, or to any of the patents, copyrights, trade secrets, trademarks, mask works, inventions, source code, object code, listings and documentation related thereto, together with all revisions, modifications, alterations, and derivative works thereof in all forms.
(5) You expressly agree and acknowledge that XTRMX will provide you the xView 2.1 trial Version Software pursuant to the terms of this Agreement in object code only and that you shall have no rights to access the source code of the xView 2.1 trial Version Software or any component thereof or any Update(s) or Upgrade(s) (if any) thereto.
(6) You are expressly prohibited from editing, revising, changing or otherwise modifying or seeking to decompile or de-obfuscate the xView 2.1 trial Version Software’s object code or to attempt to reverse engineer or otherwise generate source code versions therefrom (hereinafter referred to as “decompiling”), unless with written approval from XTRMX. If you wish to reverse engineer, decompile or disassemble the Software (hereinafter referred to as \"Decompilation\") for the purpose of achieving interoperability with other computer programs if allowed by law, you shall contact XTRMX before decompilation of the Software and request the provision of the information necessary for the achievement of such interoperability. If XTRMX supplies such information concerning interoperability without undue delay, you shall not be entitled to decompile the Software.
(7) You are expressly prohibited from removing or modifying any references to copyright, the marking of other industrial property rights or serial numbers and other features that serve to identify the xView 2.1 trial Version Software. The removal of copyright protection or similar protective routines is not allowed.
(8) You must comply with all applicable laws in the course of using the Software.
(9) XTRMX may, however is not obliged to, provide you with support services related to the Software ("Support Services"). Any supplemental software code provided to you as part of the Support Services and any other service provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this EULA
(1) The term of this agreement shall commence upon your acceptance of the terms and conditions of this xView 2.1 trial EULA and shall terminate upon the earlier of (i) lapse of the license according to the description of the product (ii) termination of this agreement by XTRMX for any reason (iii) the initial general release of a commercial version of the xView 2.1 trial Version Software (iv) discontinuation of the xView 2.1 trial Version Software by XTRMX.
(2) Upon any expiration or termination of this Agreement, the rights and licenses granted to you under this agreement shall immediately terminate, and you shall immediately cease using the xView 2.1 trial Version Software.
4. Limitation of Liability
(1) UNDER NO CIRCUMSTANCES SHALL XTRMX BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR DAMAGES AS A RESULT OF DOWNLOADING OR USING THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, XTRMX SHALL NOT BE LIABLE TO LOST PROFITS, LOSS OF GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL XTRMX BE LIABLE FOR ANY DAMAGES EVEN IF XTRMX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(2) The foregoing limitations of liability also apply in regard to all XTRMX's representatives, including but not limited to its directors, legal representatives, employees and other vicarious agents.
(2) XTRMX may collect: product family, type of updater, number of clients, product name, product ID and version, product language, product build version, version of the inbuilt detection system, operating system, operating system language, operating system version, license type, license serial number, license expiration date, date of the first installation. Such information will be used to provide our services and to inform you about product upgrades, new products & services, offers or other information.
(3) For more information or if you have any concerns about privacy, please email firstname.lastname@example.org.
6. Governing Law and Venue
This Agreement will be governed solely by the laws of the State of Israel, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to this Agreement, will be under the exclusive jurisdiction of the competent court in Tel-Aviv, Israel.
(1) This EULA sets forth all of your rights to use the Software and makes up the entire agreement between you and XTRMX. This EULA supersedes any other communications, representations or advertising relating to the Software.
(2) No provision hereof shall be deemed waived unless there is a written waiver signed by an authorized XTRMX representative.
(3) If any provision of this EULA is held invalid, the remainder of this EULA shall remain in full force and effect. To the extent that an otherwise invalid provision can be construed so as to be valid, that provision shall be so construed.
(4) All rights not expressly set forth hereunder are reserved by XTRMX.
(5) The descriptive headings in this EULA have been inserted for convenience and shall not limit or otherwise affect the construction or interpretation of this EULA.
(6) You may not assign your rights under this EULA without the express written permission of XTRMX.
(1) XTRMX - means EXTRIMIX, Ltd., P.C. No.: 515284164 of: 9 Omarim Street, Omer, Israel [#Note: IL may be perceived as Illilois] 8496500.
(2) xView 2.1 trial Version Software or Software - means a preliminary version of XTRMX’s software program whose development is not yet complete. The xView 2.1 trial Version Software includes (i) any and all updates and upgrades thereto that XTRMX makes available to you and (ii) any and all accompanying Documentation and (iii) any and all accompanying services provided by XTRMX via its website or alternative communication channels.
(3) Device - means any electronic device that is able to process data with the assistance of a programmable calculation specification.
(4) Documentation – means written materials, in printed or electronic form, describing the features of the Software and/or updates and upgrades and that are designed to assist you in effectively utilizing the Software, updates and/or upgrades. Such Documentation does not vary the terms of this EULA.
XTRMX, Inc. 9 Omarim Street, Omer, IL 8496500
© 2017 EXTRIMIX Ltd.