EPAM B2BITS Software Evaluation License

The FIXEye Agent Linux 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.

1. 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").
2. 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.

3. 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.
4. 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.
5. 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.
6. 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.

7. 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.
8. 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.
9. 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:
   1. Was in the public domain prior to its disclosure, or becomes publicly available other than through a breach of this License;
   2. Was known to the recipient prior to its disclosure, or is at any time developed by the recipient independently of such disclosure;
   3. Was rightfully disclosed to the recipient by a third party without a duty of confidentiality;
   4. Is explicitly approved for release by written authorization of the disclosing party; or
   5. Is required to be disclosed by law or court order.
10. 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.
11. 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.
12. 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.