PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING SOURCERY G++. BY USING THE CODESOURCERY-OWNED COMPONENTS OF SOURCERY G++, YOU AGREE TO ACCEPT AND BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU ARE ACTING ON BEHALF OF AN ENTITY, THEN YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN YOU MUST NOT INSTALL OR USE THE CODESOURCERY-OWNED COMPONENTS OF SOURCERY G++.
This CodeSourcery Evaluation License Agreement (the "Agreement") is made by and between CodeSourcery, Inc. and the user of Sourcery G++ ("Customer") as of the date the Customer installs Sourcery G++ (the "Effective Date").
Evaluation Period. The Evaluation Period for this Agreement is the thirty (30) day period starting on the Effective Date.
Licensed Software. The Licensed Software includes any component listed as subject to the CodeSourcery License in the table above.
Evaluation License. CodeSourcery grants to the Customer a non-transferable and non-exclusive license during the Evaluation Period to: (a) install the Licensed Software on one computer; and (b) to use the Licensed Software with Sourcery G++ solely for the purpose of evaluating Sourcery G++. Customer may not otherwise copy or distribute the Licensed Software or use the Licensed Software for any other commercial purpose. Customer may not reverse engineer, reverse compile, or disassemble the Licensed Software. CodeSourcery shall have no obligation to correct any defects in the Licensed Software or to otherwise support the Licensed Software.
Title and Ownership. Customer acknowledges that title and full ownership rights to the Licensed Software, including all intellectual property rights, are the property of CodeSourcery.
LIMITATION OF LIABILITY. CODESOURCERY'S LIABILITY UNDER THIS AGREEMENT IS LIMITED TO A REFUND OF THOSE FEES PAID BY CUSTOMER. CODESOURCERY IS NOT LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES TO CUSTOMER OR ITS CUSTOMERS CAUSED BY USE OF THE LICENSED SOFTWARE OR BY DEFECTS IN THE LICENSED SOFTWARE EVEN IF CODESOURCERY IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
WARRANTY DISCLAIMER. CUSTOMER ACKNOWLEDGES THAT THE LICENSED SOFTWARE IS PROVIDED "AS IS," AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED BY CODESOURCERY AND ITS LICENSOR(S). CODESOURCERY DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE LICENSED SOFTWARE WILL BE ERROR FREE.
Term and Termination. This Agreement commences on the Effective Date and terminates at the end of the Evaluation Period unless earlier terminated by CodeSourcery. Upon termination of this Agreement, Customer may obtain a license to the Licensed Software by purchasing a subscription for Sourcery G++ Enterprise Edition or Sourcery G++ Personal Edition from CodeSourcery at CodeSourcery's current list price under the terms of CodeSourcery's then standard support agreement. CodeSourcery may terminate this Agreement upon three (3) days written notice of a material breach of this Agreement if such breach is not cured; provided that the unauthorized use, copying, or distribution of the Licensed Software will be deemed a material breach that cannot be cured. Paragraphs 4, 5, 6, 8, and 9 shall survive any termination of this Agreement.
Assignment. Customer may not assign this Agreement without the prior written consent of CodeSourcery.
Entire Agreement. This is the entire agreement between the parties that supercedes any prior agreement, whether written or oral, relating to the subject matter of the Agreement.