Evaluation License

ANYLOG SOFTWARE EVALUATION AGREEMENT

By downloading or using the AnyLog Software, Customer agrees to be bound by the terms of this Agreement.

  1. General
    1. Applicable Terms. The terms of this Agreement govern Customer’s use of the Software.
    2. Restrictions. Customer may use the AnyLog Software only for its internal use and for the benefit of its Affiliates. Customer may not resell or sublicense its rights to the Software.
    3. Evaluations. Evaluations are for 90 days (unless AnyLog specifies otherwise in writing). Customer may not have access to data in the Evaluation after it ends. Evaluations are provided “AS IS” without indemnification, support, service level commitment, or warranty of any kind, express or implied.
  2. License
    1. Subject to the terms and conditions of this Agreement, AnyLog grants Customer a non-exclusive, non-transferable, revocable license to use the AnyLog Software.
    2. OPEN SOURCE SOFTWARE. Open source products included in the AnyLog Software are licensed to Customer under the open source software’s own applicable license terms, and are listed with reference to their respective homepage and license at Notice of Open Source Usage. These license terms are consistent with the license granted in the Agreement and may contain additional rights benefiting Customer. The open source license terms take precedence over the Agreement to the extent that the Agreement imposes greater restrictions on Customer than the applicable open source license terms.
  3. Ownership
    1. Customer Content. Customer retains all Intellectual Property Rights in and to Customer Content.
    2. AnyLog IP. AnyLog retains all Intellectual Property Rights in and to the AnyLog Software, including any improvements, enhancements, modifications, and derivative works. If Customer provides any feedback about the Software, AnyLog may use that feedback without restriction.
    3. Reservation of Rights. Except as expressly stated in the Agreement, the Agreement does not grant either party any rights, implied or otherwise, to the other party’s content or intellectual property.
  4. Evaluation Use and Restrictions
    1. User acknowledges that the Software is provided for evaluation, which means that certain features and functionalities may be limited or restricted unless User upgrades to a paid subscription plan.
    2. User agrees not to: a. Reverse engineer, decompile, or disassemble the Software; b. Modify, adapt, or create derivative works based on the Software; c. Remove any copyright or proprietary notices from the Software; d. Use the Software for any unlawful or unauthorized purpose.
  5. Support and Updates
    1. Company may, at its discretion, provide support and updates for the Software. Such support and updates may be subject to additional terms and conditions.
    2. If User chooses to upgrade to a paid subscription plan, the terms and conditions will be outlined in a separate agreement.

  6. Termination

    Company reserves the right to terminate this Agreement and revoke User’s access to the Software, with or without cause, at any time.

  7. Disclaimer of Warranty

    THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

  8. Limitation of Liability

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.

  9. Compliance
    1. Each party must comply with all applicable laws.
    2. The AnyLog Software is subject to the U.S. Export Administration Regulations (including “deemed export” and “deemed re-export” regulations), and may be subject to the export control laws of other countries. Customer represents and warrants that: (a) Customer and any User, are not, and are not acting on behalf of: (1) any person who is a citizen, national, or resident of, or who is controlled by, the government of any country to which the United States has prohibited export transactions; or (2) any person or entity listed on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons, or the U.S. Commerce Department Denied Persons List or Entity List, or any similar applicable designated persons list; (b) Customer, and any User, will not permit the AnyLog Software to be used for any purposes prohibited by law, including any prohibited development, design, manufacture, or production of missiles or nuclear, chemical, or biological weapons; and (c) Customer, and any User, are not subject, either directly or indirectly, to any order issued by any agency of the United States government revoking or denying, in whole or in part, Customer’s United States export privileges. Customer must notify AnyLog promptly if Customer or any User becomes subject to any order of that type.

  10. Governing Law

    This Agreement shall be governed by and construed in accordance with the laws of the State of California and U.S. federal laws

  11. Nothing in the Agreement is intended to constitute a fiduciary relationship, agency, joint venture, partnership, or trust between the parties. No party has authority to bind the other party.

  12. Entire Agreement

    This Agreement constitutes the entire agreement between Company and User regarding the Software and supersedes all prior agreements and understandings. For questions or concerns related to this Agreement or the Software, please contact AnyLog at 920 Edgecliff Way, Redwood City CA 94061,United States of America.

  13. Definitions

    Affiliate means an entity that is directly or indirectly controlled by, is under common control with, or controls that party, where “control” means an ownership, voting, or similar interest representing more than 50% of the total interests outstanding of that entity at that time.

    Customer means the entity represented by the individual downloading or using the AnyLog Software, or in the case of no such entity, the individual downloading or using the AnyLog Software.

    Evaluation means the AnyLog Software (or part of the Software) made available free of charge, for evaluation, trial, proof of concept, or similar purpose.

    Intellectual Property Rights means all worldwide intellectual property rights, including copyrights, trademarks, service marks, trade secrets, know-how, inventions, patents, patent applications, moral rights, and all other proprietary rights, whether registered or unregistered.

The Software (or AnyLog Software) means, the Software products developed by AnyLog Inc. together with any related software code AnyLog provides that is not subject to a separate license agreement.

User means an employee, contractor, or Third-Party Agent that Customer authorizes to use The Software as permitted under the Agreement, or the individual using The Software in the case that the Customer is an individual.

Company means AnyLog.

AnyLog means AnyLog, Inc., a Delaware corporation.

By downloading or using the AnyLog Software, Customer agrees to be bound by the terms of this Agreement.