LUCENT SKY EVALUATION SOFTWARE LICENSE TERMS

LUCENT SKY AVM

STANDARD EDITION, ENTERPRISE EDITION, ON-DEMAND EDITION

 

These license terms are an agreement between Lucent Sky Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the evaluation software named above, which includes the media on which you received it, if any. The terms also apply to any Lucent Sky

·        updates,

·        supplements,

·        Internet-based services, and

·        support services

for this software, unless other terms accompany those items. If so, those terms apply.

By using the software (including but not limited to interfacing, manually or programmatically with its interfaces, or accessing any content made available to you by or through the software), you accept these terms. If you do not accept them, do not use the software.

 

If you comply with these license terms, you have the rights below.

1.       INSTALLATION AND USE RIGHTS.

·        You may install and use 1 copy of the software on your devices or use 1 copy of the software on a device prepared by Lucent Sky or its suppliers.

·        You may use the software only to internally demonstrate and evaluate it.

·        You may not use the software in a live operating environment unless Lucent Sky permits you to do so under another agreement.

2.       TIME-SENSITIVE SOFTWARE. The software will stop running 7 days after you install or activate it. You will not receive any other notice. You may not be able to access data used with the software when it stops running.

3.       CONFIDENTIAL INFORMATION. The software and all related media made available to you under the evaluation are confidential information of Lucent Sky. You may allow coworkers in the same organization who also have accepted these terms to use the software. Otherwise, you may not disclose software or information about the software to third parties. Do not

·        disclose to a third party the results of any benchmark test of the software;

·        blog, post pictures, screenshots, or video clips of the software;

·        discuss the software, in discussion forums, social networks, chat rooms, or podcasts; or

·        talk with the media or press about the software. This includes but is not limited to bloggers, newspaper reporters, and television reporters.

4.       YOUR DATA. You retain all rights, title, and interest in and to your data, including any files, software, scripts, multimedia images, graphics, audio, video, text, data, or other objects, in the form uploaded, submitted, or otherwise provided to the software. By providing your data to the software, you grant Lucent Sky a non-exclusive, fully sublicensable, worldwide, royalty-free right to collect, use, copy, store, transmit, modify, and create derivative works of your data, in each case to the extent necessary to provide the functionalities of the software. You must obtain all necessary rights, releases, and permissions to provide your data to the software, and your data and its transfer must not violate any applicable local, state, federal, and international laws and regulations. Lucent Sky assumes no responsibility or liability for your data, and you will be solely responsible for the consequences of using, disclosing, storing, transferring or transmitting your data.

5.       DATA COLLECTION. The software may collect information about you and your use of the software, and send that to Lucent Sky. Lucent Sky may use this information to provide services and improve our products and services. You may opt out of many but not all of these scenarios, as described in the software documentation. You can learn more about data collection and its use from the software documentation and our privacy statement, located at https://lsky.co/privacy. Your use of the software operates as your consent to these practices.

6.       Scope of License. The software is licensed, not sold. This agreement only gives you some rights to use the software. Lucent Sky reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways.  You may not

·        work around any technical limitations in the software;

·        reverse engineer, decompile, or disassemble the software;

·        remove, minimize, block or modify any logos, trademarks, copyright, digital watermarks, or other notices of Lucent Sky or its suppliers that are included in the software, including any content made available to you through the software;

·        make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;

·        publish the software, including any application programming interfaces included in the software, for others to copy;

·        rent, lease or lend the software;

·        transfer the software or this agreement to any third party; or

·        use the software for commercial software hosting services.

7.       Export Restrictions. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.

8.       SUPPORT SERVICES. Because this software is “as is”, we may not provide support services for it.

9.       Entire Agreement. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

10.   Applicable Law.

a.     United States. If you acquired the software in the United States, California state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

b.    Outside the United States. If you acquired the software in any other country, the laws of that country apply.

11.   Legal Effect. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

12.   Disclaimer of Warranty.  The software is licensed “as-is”. You bear the risk of using it. Lucent Sky gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

13.   Limitation on and Exclusion of Remedies and Damages.  You can recover from Lucent Sky and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.

This limitation applies to

·        anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and

·        claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if Lucent Sky knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.