HYPERIP® EVALUATION AND END-USER LICENSE AGREEMENT
License: During the subscription term for which the HyperIP products are licensed (including a no charge evaluation term), NetEx grants the end-user a non-transferable, non-exclusive license to use the HyperIP software in object code form on the designated processor. End-user is responsible for installation of the HyperIP products and agrees not to copy, modify, distribute, sublicense, decompile, disassemble, or otherwise reverse engineer the HyperIP products. Title to HyperIP products remains with NetEx or its licensors. Proprietary legends or copyright notices on the HyperIP products and related documentation shall not be removed.
Important Note: HyperIP products are enabled with a key that allows operation of the product for the subscription or evaluation term. Upon expiration of that term, a new key must be obtained by payment of the renewal subscription fee or the HyperIP products must be removed from the network. Otherwise the HyperIP will cease operation which may interrupt data transmissions.
Warranty and Warranty Disclaimer: HyperIP products are warranted to function in accordance with NetEx's published specifications on the date of installation if installed within 30 days after delivery. If a HyperIP product does not function as warranted, the sole remedy is repair or replacement by NetEx, or if NetEx is unable to repair or replace, NetEx will refund the subscription fee it received for the defective license. Notwithstanding the above, HyperIP products provided on a no-charge basis are provided AS-IS without warranty of any kind. NETEX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY.
Limitation of Liability: : NETEX WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE HEREUNDER. THE EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES, BUT NOT TO EXCEED US$5,000.00. IN NO EVENT SHALL NETEX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.
Support: Support, if available, is included in the HyperIP subscription fee. HyperIP support specifications can be found at www.hyperip.com. NetEx may terminate support at any time by providing a 30-day advance notice.
Other: End-user agrees to comply with all applicable laws and regulations, including US export regulations. This Agreement constitutes the entire understanding of NetEx and End-User regarding the HyperIP products and supersedes all prior written and oral communications. This Agreement will be governed by the laws of the State of Minnesota excluding its conflict of law rules. No modification of or amendment to this Agreement will be valid unless in writing and signed by both NetEx and End-user.