- Grant of License
Belkin International, Inc. grants to you a non-exclusive, non-transferable license, without right to sublicense, distribute or modify, for you and your employees to use the enclosed software and related documentation (collectively the "Product") as delivered by Belkin International, Inc. only at one location for the testing and evaluation. If the terms of this license agreement are violated, Belkin International, Inc. immediately terminates said license and the customer is subject to the liability of any harm done to Belkin International, Inc..
The product is copyrighted by Belkin International, Inc.. Belkin International, Inc. retains all rights, title, and ownership of the Product and all subsequent full or partial copies and derivatives of the Product, made by you or Belkin International, Inc., including translations, compilations, partial copies, modifications, updates and know-how in connection there with, regardless of the form or media in or on which the same may exist. This license is not a sale of the Product or any copy or derivative. You shall have no right to reproduce any full or partial copies of the Product. You agree not to take any steps, such as reverse assembly or reverse compilation, to derive a source code equivalent of any software contained in the product. You also agree to destroy licensed data in all forms upon termination of said license or receipt of released program code.
You agree that the product, and other information, technical data, or know-how (including documentation) related to the Product (including the existence of the product and the results of use or testing), shall be considered Confidential Information of Belkin International, Inc.. You agree to protect the confidentiality of all Confidential Information of Belkin International, Inc., and not to disclose the Confidential Information to any other party without the written permission of Belkin International, Inc.. Unauthorized use or disclosure of the Product may cause irreparable harm to Belkin International, Inc.. You agree promptly to report any unauthorized use or disclosure to Belkin International, Inc..
- Warranty Exclusion
YOU UNDERSTAND THAT THIS PRODUCT IS A PRE-RELEASE VERSION ONLY, IS STILL UNDERGOING TESTING AT BELKIN INTERNATIONAL, INC., AND IS NOT A BELKIN INTERNATIONAL, INC. PRODUCTION-RELEASED PRODUCT. THE PRODUCT IS PROVIDED "AS IS". THERE ARE NO WARRANTIES UNDER THIS AGREEMENT, AND BELKIN INTERNATIONAL, INC. DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
- Limitation of Liability
IN NO EVENT SHALL BELKIN INTERNATIONAL, INC. BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES PURSUANT TO THIS AGREEMENT.
- Proprietary Rights Exclusion
Belkin International, Inc. makes no representation or warranty that the Product, or products developed using the Product, do not infringe any proprietary rights of any third parties. You shall assume sole responsibility for any such infringement
You hereby agree to indemnify, defend and hold Belkin International, Inc. harmless from and against any and all claims, actions, suits, liabilities, judgments, losses, damages, attorneys' fees and other expenses of every nature and character by reason of this Agreement or use by you of products utilizing the Product.
- Export Restrictions
You shall not export, directly or indirectly, any Product or products developed using the Product to any country for which the laws of the United States or the regulations of any U.S. agency requires an export license or other governmental approval, without first obtaining such license or approval. You shall strictly comply with all such restrictions. You agree to indemnify and hold Belkin International, Inc. harmless against all losses, damages, penalties, or causes of action resulting from a violation of this Section.
- U.S. Government Restricted Rights
This Product is provided with Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause CA 252.227-7013 or subparagraphs (a) through (d) of the Commercial Computer Software -Restrictive Rights clause CA 52.227-19, as reserved under the copyright laws of the United States. Manufacturer is Belkin International, Inc., 501 West Walnut Street, Compton, CA 90220
- Governing Law
The validity, performance, construction and interpretation of this Agreement shall be governed by laws of the state of California, United States of America, excluding its conflicts of laws rules, as applied to agreements entered into in California between California residents.