By downloading and/or using software
("Product") from our web site, the individual or entity
licensing the Product ("Licensee") is consenting to be
bound by and is becoming a party to this agreement. If Licensee
does not agree to all of the terms of this agreement, the Licensee
must not install or use any of the software developed by OPENBAR
In this Agreement, "Licensor" shall
mean OPENBAR LLC.
Licensor grants Licensee a non-exclusive and
non-transferable License to use the Product for evaluation
purposes only. This License does not entitle Licensee to receive
hard-copy documentation, technical support, telephone assistance,
or enhancements or updates to the Product. Use of the Product for
non-evaluation purposes is strictly prohibited.
Licensee may not decompile, disassemble, reverse
engineer, or otherwise attempt to derive the source code for the
Product; redistribute, encumber, sell, rent, lease, sublicense, or
otherwise transfer rights to the Product; remove or alter any
trademark, logo, copyright or other proprietary notices, legends,
symbols or labels in the Product; modify, or otherwise attempt to
change the functionality of the Product; or publish any results of
benchmark tests run on the Product to a third party without
Licensor's prior written consent.
For evaluation purposes, the Product is licensed
free of charge. Appropriate license fees are applicable if the
Product is used for non-evaluation or commercial purposes.
Licensee is responsible for any and all taxes.
Licensor may terminate this Agreement if
Licensee breaches any of its terms and conditions. Upon
termination, Licensee shall destroy all copies of the Product.
Licensee may terminate this agreement at any time by destroying
all copies of the Product.
· Property of Licensor
Licensor retains all title, ownership rights,
and intellectual property rights in the Product. Licensee
acknowledges such ownership and intellectual property rights and
will not take any action to jeopardize, limit or interfere in any
manner with Licensor's ownership of or rights with respect to the
Product. The Product is protected by copyright and other
intellectual property laws and by international treaties.
· Warranty Disclaimer
Licensor does not verify the content of the
material accessed through the use of the Product. The Product is
provided free of charge, and, therefore, on an "AS IS"
basis, without warranty of any kind, including without limitation
the warranties that it is free of defects, merchantable, fit for a
particular purpose or non-infringing. The entire risk as to the
quality and performance of the product is borne by Licensee.
Should the Product prove defective in any respect, Licensee and
not Licensor or its suppliers or resellers assumes the entire cost
of any service and repair. In addition, the security mechanisms
implemented by the Product have inherent limitations, and Licensee
must determine that the product sufficiently meets its
requirements. This disclaimer of warranty constitutes an essential
part of this agreement. No use of the Product is authorized
hereunder except under this disclaimer.
· Liability Limitation
To the maximum extent permitted by applicable
law, in no event will Licensor or its suppliers or resellers be
liable for any indirect, special, incidental or consequential
damages arising out of the use of or inability to use the product,
including, without limitation, damages for loss of goodwill, work
stoppage, computer failure or malfunction, or any and all other
commercial damages or losses, even if advised of the possibility
thereof, and regardless of the legal or equitable theory
(contract, tort or otherwise) upon which the claim is based. In
any case, licensor's entire liability under any provision of this
agreement shall not exceed in the aggregate the sum of the fees
licensee paid for this license (if any). Licensor is not
responsible for any liability arising out of content provided by
licensee or a third party that is accessed through the product
and/or any material linked through such content.
· Usage Restrictions
The Product is not fault-tolerant. Licensee
agrees that the Product shall not be used to operate or control,
either directly or indirectly, any device or process that is
regulated or certified by a government agency or in any
environment in which the failure of the Product could lead
directly to death, personal injury, or severe physical or
environmental damage. Licensee agrees that Licensor and its
suppliers will not be liable for any claims or damages arising
from the use of the Product in such applications.
This Agreement contains the entire understanding
between Licensor and Licensee. This Agreement may not be
supplemented, modified, amended, released or discharged except by
an instrument in writing signed by each party's duly authorized
representative. All captions and headings in this Agreement are
for purposes of convenience only and shall not affect the
construction or interpretation of any of its provisions. Any
waiver by either party of any default or breach hereunder shall
not constitute a waiver of any provision of this Agreement or of
any subsequent default or breach of the same or a different kind.
This Agreement shall be construed, interpreted and governed by the
laws of the State of New Jersey. The exclusive forum for any
disputes arising out of or relating to this Agreement shall be the
courts of the State of New Jersey. If Licensee is located outside
the U.S., then Licensee is responsible for complying with any
local laws in its jurisdiction which might impact its right to
import, export or use the Product, and Licensee represents that it
has complied with any regulations or registration procedures
required by applicable law to make this license enforceable.