EPAM B2BITS Software Evaluation License
The FIX Antenna C for Windows software (the “Software”) will only be licensed by EPAM Systems, Inc. (“EPAM”) to You upon the condition that You accept all of the terms and conditions contained in this license (“License”). “You” (or “Your”) means an individual or legal entity exercising rights under, and complying with all of the terms of, this license agreement (“Agreement”).
DO NOT DOWNLOAD, INSTALL, ACCESS OR OTHERWISE USE THIS SOFTWARE
UNLESS YOU AGREE TO THE TERMS OF THE SOFWARE EVALUATION LICENSE
AGREEMENT, AND IF YOU DO NOT AGREE, DO NOT DOWNLOAD, ACCESS OR USE
THIS SOFTWARE.
Please read this Agreement carefully. Then, fill out the
registration form at the Download page and click the "SUBMIT"
button. By clicking on the "SUBMIT" button, You accept the terms
and conditions of this Agreement. After You click on the "SUBMIT"
button and send Your details, You will receive a message with a
link requiring to confirm Your registration. Once the registration
is confirmed, you will be emailed a link for downloading the
Software. If You are not willing to be bound by these terms, select
the "CANCEL" button under the form on the Download page.
- License Grant. Subject to Your compliance with the terms and
conditions of this Agreement, EPAM hereby grants to You a
nontransferable, non-exclusive, royalty-free, restricted evaluation
license to You to install, display, and use one (1) copy of the
Software (including documentation) per machine per registration for
internal evaluation, examination and testing purposes in order to
determine Your interest in any future purchase of a license to use
the Software, and for no other purpose, ("Evaluation") for the
Evaluation Period (the "License").
- License Restrictions. EPAM reserves all rights not expressly
granted herein and, in addition, You shall not: (i) use, or cause
or permit the use of, the Software in whole or in part for any
purpose other than as permitted under this License; (ii)
distribute, sell, lease, license or otherwise make the Software
available to a third party; (iii) decompile, disassemble, decrypt,
extract or otherwise reverse-engineer the Software; (iv) modify or
create derivative works or other works based upon the Software; or
(v) modify or remove any copyright, trademark, confidentiality or
other proprietary markings from, or add any to, the Software.
As between Licensee and Licensor, Licensee shall not obtain any
right, title or interest therein and nothing shall be deemed to
confer any license, of EPAM or any third party's intellectual
property rights, whether by estoppel, implication, or otherwise,
other than the right to use the Software in the manner and to the
extent expressly authorized herein.
- Evaluation Period. The Evaluation Period shall continue 1 month
starting from registration date, whereupon this License shall be
terminated automatically, and You shall return or destroy the
Software as specified in below. Your continued use of the Software
after expiration of the Evaluation Period is not permitted without
mutual execution of an appropriate non-evaluation license agreement
with EPAM.
- Evaluation Feedback. If You provide reasonable feedback related
to the performance and usability of the Software (e.g., usability
of the Software, bug reports, test results, problems or
deficiencies encountered by You while using the Software, suggested
solutions to such problems or deficiencies, and recommended action
for modification of the Software, etc.), the feedback shall be
provided considered the property of EPAM, and assigned to EPAM, and
may be used by EPAM for any purpose without compensation to
You.
- Support. EPAM has no obligation to support the Software in any
way, or to provide You with updates, bug fixes, builds, or error
corrections (collectively "Software Updates"). If EPAM, at its sole
option, provides Software Updates to You, the Software Updates will
be considered part of the Software, and subject to the terms and
conditions of this License.
- Disclaimer of Warranties. You acknowledge that the Software is
for Evaluation only, provided "AS-IS, with all faults", without any
maintenance, debugging, support or improvement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SOFTWARE
IS PROVIDED AS-IS, WITH ALL FAULTS, WITHOUT WARRANTIES OR
CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN OR EXPRESS OR
IMPLIED, AND LICENSOR SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, ACCURACY, SATISFACTORY QUALITY,
COMPLETENESS, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR
PURPOSE.
- Limitation of Liability. You assume the entire risk as to the
quality, results, performance and/or non-performance of the
Software. You shall have the sole responsibility to adequately
protect and backup Your data or equipment used in connection with
the Software. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN
NO EVENT WILL EPAM OR ITS AGENTS BE LIABLE FOR INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT
LIMITATION LOST PROFIT, LOST DATA, OR LOST OPPORTUNITY) WITH
RESPECT TO THE DOCUMENTATION OR LICENSEE'S USE THEREOF, WHETHER
BASED IN WARRANTY, CONTRACT, TORT OR OTHER THEORY AND WHETHER OR
NOT REASONABLY FORSEEABLE OR LICENSOR WAS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. EPAM'S ENTIRE LIABILITY FOR DAMAGES
RELATING TO THIS LICENSE AGREEMENT OR SUBJECT MATTER IS LIMITED TO
THE GREATER OF THE AMOUNT OF FEES PAID BY LICENSEE (IF ANY) FOR
THIS EVALUATION LICENSE OR FIVE DOLLARS (USD $5.00). You shall not
make any statements, representations or warranties with respect to
any person or entity that are inconsistent with any limitation or
disclaimer.
- No Obligation. This License does not represent or imply either:
(a) any commitment whatsoever by You to purchase, acquire,
commercially license or otherwise use (pursuant to other
appropriate agreements) the Software and any other products or
services of EPAM; or (b) any encouragement or inducement whatsoever
to either You or EPAM to expend funds or other resources in the
development or modification of the Software or any other products
or services.
- Confidentiality. You acknowledge that the Software is
proprietary and confidential to EPAM. You agree to protect the
Software and any feedback provided by You from unauthorized
disclosure, use, or release and to treat the Software and feedback
with at least the same level of care as You use to protect Your own
proprietary computer programs and/or confidential information, but
in no event less than a reasonable standard of care. If You become
aware of any unauthorized licensing, copying, or use of the
Software, You shall promptly notify EPAM. Any information received
by either party from the other party regarding the Software or the
Evaluation, which was designated in writing as confidential at the
time of disclosure ("Confidential Information"), shall be kept in
confidence by the recipient and used only for Evaluation purposes,
provided, however, that the disclosing party acknowledges that the
recipient shall not have any obligation of confidentiality with
respect to information that:
- Was in the public domain prior to its disclosure, or becomes
publicly available other than through a breach of this
License;
- Was known to the recipient prior to its disclosure, or is at
any time developed by the recipient independently of such
disclosure;
- Was rightfully disclosed to the recipient by a third party
without a duty of confidentiality;
- Is explicitly approved for release by written authorization of
the disclosing party; or
- Is required to be disclosed by law or court order.
- Termination. EPAM may terminate this Agreement at any time
without prior notice, with or without cause. Upon expiration or
termination of this License, You shall cease use of the Software
and return to EPAM the Software in Your possession or destroy all
such Software. If requested by EPAM, You shall certify in writing
such return or destruction. Rights and obligations under this
Agreement that by their nature should survive will remain in effect
after termination or expiration of this Agreement.
- Export Controls. The Software may be subject to U.S. export
control laws and may be subject to export or import regulations in
other countries. You agree to strictly comply with all such laws
and regulations and acknowledges it has the responsibility, at its
own expense, to obtain such licenses to export, re-export, or
import as may be required.
- Enforcement. You may not assign or otherwise transfer any of
its rights or obligations under this License, without the prior
written consent of EPAM. This Agreement shall be construed in
accordance with the internal laws of Delaware, without regard to
conflict of laws and the United Nations Convention on Contracts for
the International Sale of Goods is specifically disclaimed. If any
provision of this Agreement is held to be invalid or unenforceable,
such invalidity or unenforceability shall not in any way affect the
validity or enforceability of the remaining provisions. This
Agreement is the final, complete and exclusive agreement between
the parties relating to the subject matter hereof, and supersedes
any previous communications, representations or agreements between
the parties, whether oral or written, and may not be changed except
by mutually executed written amendment. The failure of either party
to enforce any provision of this License shall not constitute a
waiver of that right or future enforcement of that or any other
provision.