BY CLICKING ON THE BUTTON, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE.
YOU MAY USE THIS SOFTWARE FREE OF CHARGE FOR 21 DAYS ONLY. RE-INSTALLING THE SOFTWARE TO OBTAIN ADDITIONAL TIME IS STRICTLY PROHIBITED AND CONSTITUTES AN UNAUTHORIZED USE OF THE SOFTWARE. IF YOU ATTEMPT TO RE-INSTALL THE SOFTWARE FOR ADDITIONAL TIME WITHOUT CMSI PERMISSION, YOU AGREE TO PAY CMSI THE FULL COST OF THE SOFTWARE BASED UPON THE NUMBER OF USERS AT YOUR LOCATION.
CMSI grants you a non-exclusive license to use the Software free of charge for the purpose of evaluating for a 21-day period following installation. If you use the Software under this no-charge grant, you are not entitled to receive priority telephone assistance or additional revisions of the Software.
The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not CMSI assume the entire cost of any service and repair. In addition, the security mechanisms implemented by CMSI software have inherent limitations, and you must determine that the Software sufficiently meets your requirements.
This disclaimer of warranty constitutes an essential part of the agreement.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
You may:
use the Software on any single computer;
use the Software on a network;
You may not:
modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software;
copy the Software; or
rent, lease, grant a security interest in, or otherwise transfer
rights to the Software.
use the Software to provide a public service, either free or with a fee, that permits customers/clients to exchange messages with the Internet through your installation. These customers/clients must obtain, install and operate their own copy of the Software.
Title, ownership rights, and intellectual property rights in the Software shall remain in CMSI. The Software is protected by copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License gives you no rights to such content.
The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.
None of the Software or underlying information or technology may be downloaded or otherwise exported or reexported to a national or resident of any country to which the U.S. has embargoed goods; or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading, installing, and using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CMSI BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL CMSI BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT CMSI RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF CMSI SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). CMSI and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
This Software will automatically contact CMSI on a periodic basis to request update information and to inform CMSI of the version currently in use. Users who obtained the Software for evaluation may only continue to use this software beyond the 21 days evaluation period when authorized by CMS. Such authorization is granted through the issue of a valid extension number from CMSI.
YOU MAY USE THIS SOFTWARE FOR EVALUATION PURPOSES FREE OF CHARGE FOR 21 DAYS, ONLY. RE-INSTALLING THE SOFTWARE TO OBTAIN ADDITIONAL TIME WITHOUT CMSI PERMISSION IS STRICTLY PROHIBITED AND CONSTITUTES AN UNAUTHORIZED USE OF THE SOFTWARE. IF YOU RE-INSTALL THE SOFTWARE WITHOUT CMSI PERMISSION, YOU AGREE TO PAY CMSI THE FULL COST OF THE SOFTWARE BASED UPON THE NUMBER OF USERS/SERVERS AT YOUR LOCATION.
This Agreement represents the complete agreement concerning this license to evaluate the Software. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Michigan law.