This "Software Evaluation / 30 Day Trial Agreement"("this Agreement") is between Great Software Tools, LLC. ("GST") (a New York Limited Liability Company) and "you" (collectively, the "Parties").
You agree that this Agreement is like any written negotiated agreement signed by you. By clicking to accept this Agreement, you agree to be bound by its terms and conditions.
This Agreement expresses the terms and conditions on which you may use for evaluation purposes a 30 Day Trial version of GST's "Graphics-Toolbox GT-1" software ("the Software") that GST is making available to you subject to your acceptance of the terms and conditions stated herein.
Please review the terms and conditions in this Agreement carefully before installing or using the Software.
By downloading, installing, running or otherwise using the Software, you and/or your company (collectively, "the Evaluator") are accepting and agreeing to the terms of this Agreement. If you are not willing to be bound by this Agreement, do not download, install or use the Software.
Various copyrights and other intellectual property rights apply to the Software. This Agreement is an evaluation agreement that gives you limited rights to use the software, and not an agreement for sale or for transfer of title. GST retains all rights not expressly granted by this Agreement.
GST desires to provide the Software, to the Evaluator for its evaluation purposes for the 30-day evaluation period from the date that the Evaluator installs the Software (the "Evaluation Period"). The Evaluator desires to perform an internal evaluation of the Software for potential use in connection with Evaluator's business or its own personal needs(the "Evaluation").
- GRANT. Subject to the terms and conditions of this Agreement, GST hereby grants Evaluator a royalty free, non-exclusive, non-transferable, personal, revocable license to use the Software solely to perform the Evaluation. This Agreement does not include any rights to maintenance or updates.
- LIMITED RIGHTS. Licensee may install the Software on any number of computers and is free to pass on the 30 Day Trial Installer to other parties. Licensee acknowledges that the Software contains trade secrets and, in order to protect such trade secrets, Licensee agrees not to disassemble, decompile or reverse engineer the Software.
- TERM AND TERMINATION. This Agreement, and all rights granted to Evaluator hereunder, shall terminate (i) automatically without notice upon the expiration of the Evaluation Period, (ii) upon Evaluator's breach of any provision of this Agreement; or (iii) immediately upon GST providing written notice to Evaluator.
If Evaluator has not purchased a license of the Software as of the expiration of the Evaluation Period, the Software shall cease to function, and Evaluator may lose access to data made with, or stored on, the Software.Once Evaluator purchases a license of the software (“Purchaser”) and uses the set of Activation Codes to make the Software permanent on a computer, the Evaluation period ends and the Software will be permanent on that computer.
If Purchaser reformats the hard disk or reinstalls Windows on the computer that houses a permanent copy of the Software, the license will become lost permanently and GST will not be able to replace your Software license without a fresh license purchase.
If Purchaser intends to reformat a hard drive, reinstall Windows or move the Software license to another computer, the Purchaser must contact Great Software Tools, LLC. before reformatting the hard drive or reinstalling Windows. GST will provide Purchaser with a means of de-activating Purchaser’s Software license and subsequent to successful de-activation, GST will provide a fresh set of Activation Codes to make a 30-Day Trial Software license permanent on the reconfigured or new computer.
- TITLE. Title to the Software and all proprietary rights therein shall be and remain the sole and exclusive property of GST.
- NO WARRANTY. The software is being supplied on an "as is" basis without warranty of any kind. GST makes no warranties regarding the software, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or noninfringement.
- EXCLUSION OF DAMAGES. In no event will GST be liable to the Evaluator, Purchaser or any other party for damages of any kind arising from this agreement or the use of the software, whether resulting from tort (including negligence), breach of contract or other form of action, including but not limited to direct, indirect, special, incidental and consequential damages (including lost profits) of any kind, even if advised of the possibility of such damage.
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