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License Agreement

Software Download - Printable Confirmation

The current release of jMetra is available free of charge for testing and evaluation purposes. Future versions of jMetra will be free for all Open Source and non-commercial projects. Once you have read the Legal Agreement, please either accept or decline it.

USE OF SOFTWARE ORDERED FROM HYPERCISION, INC. ("HC") IS PROVIDED ONLY UNDER LICENSE FROM HC. PLEASE READ THE FOLLOWING LICENSE CAREFULLY AND INDICATE YOUR ACCEPTANCE BY CLICKING THE ACCEPTANCE BOX.

THE HYPERCISION SOFTWARE LICENSE AGREEMENT

HC IS WILLING TO LICENSE JMETRA AND ACCOMPANYING DOCUMENTATION (THE "SOFTWARE") TO YOU (THE "EVALUATOR") FOR EVALUATION AND TESTING PURPOSES ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. PLEASE READ THESE TERMS CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING OR USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.

  1. Software: The licensed Software is "jMetra Standard Edition".
  2. Grant of License: hyperCision Inc. ("HC") hereby grants to Evaluator, during the period prior to a commercial version being released (the "Evaluation Period") following the execution of this Agreement (the "Agreement"), a limited, nontransferable, nonexclusive, nonsublicensable, revocable, worldwide license to use the Software for the purposes of internal evaluation and testing for suitability for commercial licensing ("Evaluation") or evaluation of fitness as a product and reporting of defects ("Testing") by Evaluator. Title to the Software shall remain with HC at all times.
  3. Exclusions: Evaluator shall not:
    1. copy any part of the Software except to make one copy for back-up purposes only;
    2. reverse compile or reverse assemble any portion of the Software where the source code is not freely accessible;
    3. distribute, disclose, market, rent, lease, or transfer the Software;
    4. export the Software; or
    5. allow others to make or obtain copies of the Software.
  4. Support: HC may, during the Evaluation Period, make available updates, enhancements, and/or modifications to the Software and may provide such updates to Evaluator, but is under no obligation to do so. The provision by HC to Evaluator of such updates, enhancements, and/or modifications to the Software shall be subject to all terms and conditions of this Agreement and shall expire at the end of the Evaluation Period.
  5. Source Code: Subject to the terms and conditions contained herein, HC hereby grants to you, a limited, nontransferable, nonexclusive, nonsublicensable, revocable, worldwide license to modify the freely accessible source code of the Software to develop bug fixes, customizations, or additional features, but only for the purpose of evaluating the Software during the Evaluation Period. Under no circumstance may you embed the source code of the Software into another application without a separate OEM license agreement. The source code of the Software must be destroyed after the termination of the Evaluation Period unless you obtain a separate Commercial or Non-Commercial License.
  6. Specific Disclaimer of Warranty and Limitation of Liability:

    THE SOFTWARE IS PROVIDED WITHOUT WARRANTY OF ANY KIND. HC DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HC WILL NOT BE LIABLE FOR ANY DAMAGES ASSOCIATED WITH THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ORDINARY, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES RELATING TO LOST DATA OR LOST PROFITS, EVEN IF HC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  7. Termination: Evaluator's license to use the Software shall terminate on the earlier of (i) written notice by either HC or Evaluator, or (ii) expiration of the Evaluation Period. Upon termination of the license as provided above, Evaluator shall promptly destroy the Software and any back-up copy of the Software made during the Evaluation Period. Evaluator shall also promptly return all materials provided by HC in connection with the Software.
  8. Warranties and Representations; Indemnification. Evaluator warrants and represents that Evaluator's actions with regard to the Software will be in compliance with all applicable laws; and Evaluator will indemnify, defend, and hold HC harmless from and against any and all liabilities, damages, losses, claims, costs, and expenses (including legal fees) arising out of or resulting from Evaluator's failure to observe the use restrictions set forth herein.
  9. Governing Law: This Agreement shall be governed by the laws of Illinois, USA.
  10. Independent Contractors; Assignment: The parties are independent contractors with respect to each other, and nothing in this Agreement shall be construed as creating an employer-employee relationship, a partnership, agency relationship or a joint venture between the parties. This Agreement is not assignable or transferable by Evaluator.
  11. Entire Agreement: This Agreement constitutes the entire agreement between the parties concerning Evaluator's use of the Software. This Agreement supersedes any prior verbal understanding between the parties and any Evaluator purchase order or other ordering document, regardless of whether such document is received by HC before or after execution of this Agreement. This Agreement may be amended only in writing by HC. Copyright (c) 1999-2008 hyperCision, Inc. All Rights Reserved.
hyperCision Inc. 2000-2008 © All rights reserved.