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Lotus NotesPeek Software Agreement
Notice:
YOU MUST READ THESE TERMS AND CONDITIONS BEFORE YOU USE LOTUS NOTESPEEK. PLEASE PAY PARTICULAR ATTENTION TO THE "LIMITED WARRANTY" AND "LIMITATION OF LIABILITY" SECTIONS. AFTER YOU HAVE READ THIS AGREEMENT, FOLLOW THE INSTRUCTIONS BELOW FOR ACCEPTING THIS AGREEMENT AND USING LOTUS NOTESPEEK. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT DOWNLOAD OR USE THIS SOFTWARE.
1. USE OF SOFTWARE; PROPRIETARY RIGHTS. This Agreement is between Lotus Development Corporation, with offices at 55 Cambridge Parkway, Cambridge, Massachusetts 02142 ("Lotus"), and you, the person or entity downloading or using the software referenced above. Lotus grants to you the limited right to use and reproduce Lotus NotesPeek (the "Software") for the sole purpose of viewing Notes databases within your organization. This Software is not commercially available and is being made available to you at no charge.
Under no circumstances may you (a) loan, rent, sublicense or otherwise transfer or provide access to the software or any copy, either on a temporary or permanent basis, to any third party or any person or (b) alter, merge, modify or adapt the Software in any way including reverse engineering, disassembling or decompiling. Lotus retains all intellectual property rights in the Software and all copies thereof, including, without limitation, copyright. You must reproduce the copyright notice on each disk of all backup copies.
2. TERMINATION. Lotus may terminate this Agreement and your right to use the Software, or may modify the terms of this Agreement, at any time without notice. Upon termination you must deinstall and destroy all copies of the Software.
3. RESPONSIBILITIES; NO SUPPORT. You acknowledge that the Software is not commercially available and has not undergone the quality assurance testing Lotus performs on products which Lotus makes commercially available to the general public for a fee. You should allow access to the Software only by knowledgeable and trained individuals. LOTUS WILL NOT PROVIDE ANY SUPPORT OR TECHNICAL ASSISTANCE WITH RESPECT TO YOUR USE OF THE SOFTWARE.
4. NO WARRANTY. Given the nature of this license and of the Software, LOTUS IS PROVIDING THE SOFTWARE TO YOU "AS IS" AND MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR ANY RELATED USER DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
5. LIMITATION OF LIABILITY. Because software is inherently complex and may not be completely free of errors, you are required to verify your work and to make backup copies. GIVEN THE NATURE OF THE SOFTWARE, IN NO EVENT WILL LOTUS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, TORT, COVER OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER IN CONNECTION WITH YOUR USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO LOSS OF PROFITS, BUSINESS, GOODWILL, DATA OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. MISCELLANEOUS. This Agreement may not be amended or modified without the written consent of an authorized representative of each party. The export, distribution and disclosure of the Software are subject to U.S. Export Administration Regulations. The terms of Sections 1, 4 and 5 shall survive any termination of this agreement. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. |
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