Free-Trial Software Version
In this Agreement
“Software” means the software Golden EDI™ (the Software) as down-loaded by the Licensee at Microsoft AppSource Dynamics 365.
“Using” means executing or loading the Software into computer primary memory.
a reference to a document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time;
a word importing the singular includes the plural (and vice versa), and a word indicating a gender includes every other gender;
if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
"includes" in any form is not a word of limitation.
2. Grant of license
The Licensor grants the Licensee a single non-exclusive, non-transferable right and time limited license to install and use the Software for the purpose of internal evaluation only.
The Licensee agrees that the Software only will be used in the Licensee’s own business and that the use is authorized in machine readable form only.
3. Decompiling and disassembling
The licensee may not decode, decompile, disassemble or reverse engineer the Software without the Licensor’s express consent.
4. Modifications of the software
The Licensee is not entitled to modify the Software without the prior written approval of the Licensor.
The Licensee agrees not to reveal to third parties confidential information, which the Licensee obtains from the Licensor or which arises during the use of the Software.
Confidential information refers in this Agreement to any item of information – technical, commercial or of any other nature – regardless of whether or not such information has been documented, with the exception of information, which is generally known or which becomes a matter of general knowledge in a manner other than through the Licensee's breach of the provisions of the Agreement.
The Licensee agrees to ensure that his employees, consultants and board members do not disclose confidential information to third parties. Accordingly, the Licensee is under a duty to ensure that employees who can be expected to come into contact with information of a confidential nature are required to keep such information secret to the same extent that this Agreement requires the Licensee himself to do so.
6. Breach of contract
If the Licensee violates a provision of the Agreement, the Licensor shall, even without proof of intent or negligence, be entitled to damages for all loss caused to the Licensor on account of the breach of contract. In the event of the Licensee's substantial breach of contract, the Licensor shall also be entitled to rescind the Agreement.