TRIAL VERSION LICENSE
END-USER LICENSE AGREEMENT
For ____________
By KylinSec, Inc.
IMPORTANT! READ CAREFULLY:
This End-User License Agreement ("EULA") is a legal agreement between
you (either an individual or a single entity) and KylinSec, Inc. for
___________ later referred to as "the Software". The Software under the
Trial Version License can be either a fully functional time-limited
version or a feature-limited version, or a combination of these two
types. Detailed description of the Trial Version restrictions is
available on KylinSec, Inc. web site and in each product's user-guide.
The Software under this License is provided free of charge only until it is a TRIAL VERSION.
"Trial Version" means a version of the Software to be used only to
review, demonstrate and evaluate the Software for an unlimited time
period. The Trial Version may have limited features and may lack the
ability for the end-user to save the end product.
All KylinSec, Inc. products are shareware. It means that You can
download the Trial Version for evaluation and, if You like the product,
order the license. I.e. You can try before You buy. The functional
peculiarities present in the Trial Version may not be a reason for
refund request of a purchased license. If a Trial Version is a
time-limited fully-functional version, allowing You to see and test all
the features, your refund request will be declined if based on the
absence of some certain feature or if some feature doesn't work as You
expected it to work. All other refund cases are regulated by KylinSec
Refund Policy.
Even though a license fee is not paid for the use of Trial Version
software, it does not mean that there are no conditions for using such
software.
This Software is copyrighted and the owner of the copyright claims all exclusive rights to such software.
By installing, copying, or otherwise using the Software You agree to be
bound by the terms of this EULA. If You do not agree to the terms of
this EULA, do not install or use the Software.
1. DEFINITIONS
When used in this Agreement, the following terms shall have the
respective meanings indicated, such meanings to be applicable to both
the singular and plural forms of the terms defined:
"Licensor" means KylinSec, Inc.
"Licensee" means You or Your Company, unless otherwise indicated.
"Software" means (a) all of the contents of the files, disk(s),
CD-ROM(s) or other media with which this Agreement is provided,
including but not limited to ((i) registration information, i.e. License
key which is unique for a registration name of the Licensee; (ii)
related explanatory written materials or files ("Documentation"); and
(iii) Software setup files and code samples (if any); and (b) upgrades,
modified versions, updates, additions, and copies of the Software, if
any, licensed to you by KylinSec, Inc. (collectively, "Updates").
"Use" or "using" means to access, install, download, copy or otherwise
benefit from using the functionality of the Software in accordance with
the Documentation.
"System" means Windows OS, GNU/Linux or macOS, or any virtual machine.
2. GENERAL USE
As long as the Licensee complies with the terms of this End User License
Agreement (the "Agreement"), the Licensor grants the Licensee a
non-exclusive right to use the Software under the following conditions:
3. INTELLECTUAL PROPERTY RIGHTS
3.1 This License does not transmit any intellectual rights on the
Software. The Software and any copies that the Licensee is authorized by
the Licensor to make are the intellectual property of and are owned by
the Licensor.
3.2 The Software is protected by copyright, including without limitation
by Copyright Law and international treaty provisions.
3.3 Any copies that the Licensee is permitted to make pursuant to this
Agreement must contain the same copyright and other proprietary notices
that appear on or in the Software.
3.4 The structure, organization and code of the Software are the
valuable trade secrets and confidential information of the Licensor. The
Licensee agrees not to decompile, disassemble or otherwise attempt to
discover the source code of the Software.
3.5 Any attempts to reverse-engineer, copy, clone, modify or alter in
any way the installer program without the Licensor's specific approval
are strictly prohibited. The Licensee is not authorized to use any
plug-in or enhancement that permits to save modifications to a file with
software licensed and distributed by the Licensor.
3.6 Trademarks shall be used in accordance with accepted trademark
practice, including identification of trademarks owners' names.
Trademarks can only be used to identify printed output produced by the
Software and such use of any trademark does not give the Licensee any
rights of ownership in that trademark.
4. WARRANTY
4.1 The Licensor warrants that:
4.1.1 The Licensor owns the Software and documentation and/or is in
possession of valid and existing licenses that support the terms of this
Agreement;
4.1.2 the Software conforms to specifications and functionality as specified in Documentation;
4.1.3 to the best of the Licensor's knowledge, the Software does not
infringe upon or violate any intellectual property right of any third
party;
4.1.4 the Software does not contain any back door, time bomb, drop dead
device or other routine intentionally designed by the Licensor to
disable a computer program, or computer instructions that alter, destroy
or inhibit the processing environment.
4.2 Except those warranties specified in section 4.1 above, the Software
is being delivered to the Licensee "AS IS" and the Licensor makes no
warranty as to its use or performance.
The Licensor does not and cannot warrant the performance or results the
Licensee may obtain by using the Software. The entire risk arising out
of use or performance of the Software remains with the Licensee.
The Licensor gives no warranty, express or implied, that (i) the
Software will be of satisfactory quality, suitable for any particular
purpose or for any particular use under specified conditions,
notwithstanding that such purpose, use, or conditions may be known to
the Licensor; or (ii) that the Software will operate error free or
without interruption or that any errors will be corrected.
5. LIMITATION OF LIABILITY
In no event will the Licensor be liable for any damages, claims or costs
whatsoever or any consequential, indirect, incidental damages, or any
lost profits or lost savings, even if the Licensor has been advised of
the possibility of such loss, damages, claims or costs or for any claim
by any third party.
In no event will the Licensee be liable to the Licensor on condition
that the Licensee complies with all terms and conditions stated in this
License.
6. NON-WAIVER
If a portion of this Agreement is held unenforceable, the remainder
shall be valid. It means that if one section of the Agreement is not
lawful, the rest of the Agreement is still in force. A party's failure
to exercise any right under this Agreement will not constitute a waiver
of (a) any other terms or conditions of this Agreement, or (b) a right
at any time thereafter to require exact and strict compliance with the
terms of this Agreement.
© 2024 KylinSec, Inc. All rights reserved.