1. The purpose of the Agreement is to allow you, the licensee, to use the Evaluation version of the TradeWave MacWeb browser program (the "Product"). Hereunder, the licensee shall have only a non-transferable right to use the Product at a single location, on a single computer, by a single operator at a time, for the purpose of evaluating whether the licensee wants to license the Product from TradeWave.
2. Licensee may electronically download a single copy of Product per instructions from TradeWave. The Product is and shall remain at all times the property of TradeWave, and the licensee shall not have any right, title, or interest therein except as expressly set forth in this Agreement. The licensee shall, on or before the termination of the evaluation period, at TradeWave's option, either return the Product and all other materials provided to the licensee by TradeWave hereunder or destroy such Product and materials.
3. The licensee acknowledges that the Product is the proprietary property of TradeWave. The licensee shall protect TradeWave's proprietary rights, including, without limitation, by taking steps necessary to prevent disclosure of the Product, including any associated documentation or other materials, to any other person, firm, or corporation. The licensee shall also restrict access to the Product, including any associated documentation or other materials, to any other person, firm or corporation. The licensee shall not copy or reproduce the Product or any associated documentation or other materials for comparison or any purpose whatsoever.
4. No rights or licenses under patents, trademarks, copyrights, or other intellectual or proprietary rights are granted or implied by this Agreement, except for the limited, non-transferable right to use the Product as and for the purpose expressly stated herein, and nothing herein contained shall be deemed to limit or restrict the rights TradeWave to assert claims for infringement thereof against the licensee or any other.
5. TRADEWAVE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PRODUCT, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LICENSEE AGREES THAT THE USE PERMITTED THEREUNDER IS FOR EVALUATION PURPOSES ONLY AND TRADEWAVE SHALL NOT BE LIABLE FOR ANY LOST PROFITS, OR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY CLAIM OR DEMAND AGAINST THE LICENSEE OR ANY OTHERS, EVEN IF TRADEWAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRADEWAVE WILL NOT SUPPORT THE EVALUATION VERSION OF THE PRODUCT. TRADEWAVE IS NOT OBLIGATED TO ISSUE UPDATES TO THE EVALUATION VERISON OF THE PRODUCT.
6. THIS AGREEMENT SHALL BE GOVERNED AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
