JIVE SOFTWARE IS WILLING TO LICENSE THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION FOR EVALUATION PURPOSES UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS EVALUATION LICENSE AGREEMENT. PLEASE READ THESE TERMS CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING OR USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.
1. Software: The licensed Software ("Software") includes any software owned and distributed by Jive Software.
2. Grant of License: Jive Software grants to Evaluator, during the 30-day period (the "Evaluation Period") following the execution of this Agreement (the "Agreement"), the nontransferable, nonexclusive license to use one (1) copy of the Software on one (1) computer for the sole purpose of internal evaluation and testing for suitability for purchase by Evaluator only. Title to the Software shall remain with Jive Software at all times.
3. Exclusions: Evaluator shall not:
4. Support: Jive Software may during the Evaluation Period make available updates, enhancements, and/or modifications to the Software and may provide such updates to Evaluator, but is under no obligation to do so. The provision by Jive Software to Evaluator of such updates, enhancements, and/or modifications to the Software shall be subject to all terms and conditions of this Agreement and shall expire at the end of the Evaluation Period.
5. Specific Disclaimer of Warranty and Limitation of Liability: THE SOFTWARE IS PROVIDED WITHOUT WARRANTY OF ANY KIND. JIVE SOFTWARE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JIVE SOFTWARE WILL NOT BE LIABLE FOR ANY DAMAGES ASSOCIATED WITH THE SOFTWARE, INCLUDING WITHOUT LIMITATION ORDINARY, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES RELATING TO LOST DATA OR LOST PROFITS, EVEN IF JIVE SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Termination: Evaluator's license to use the Software shall terminate on the earlier of (i) written notice by either Jive Software or Evaluator, or (ii) expiration of the Evaluation Period. Upon termination of the license as provided above, Evaluator shall promptly destroy the Software and any back-up copy of the Software made during the Evaluation Period. Evaluator shall also promptly return all materials provided by Jive Software in connection with the Software.
7. Governing Law: This Agreement shall be governed by the laws of Portland, OR, U.S.A. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees. The parties consent to the jurisdiction of the Oregon courts.
8. Assignment: This Agreement is not assignable or transferable by either party.
9. Entire Agreement: This Agreement constitutes the entire agreement between the parties concerning Evaluator's use of the Software. This Agreement supersedes any prior verbal understanding between the parties and any Evaluator purchase order or other ordering document, regardless of whether such document is received by Jive Software before or after execution of this Agreement. This Agreement may be amended only in a writing signed by an authorized officer of Jive Software.