If you install the trialware version of the SOFTWARE PRODUCT, you must purchase
a license to continue using the SOFTWARE PRODUCT after the 15-day trial period. This license is not transferable.
2. RESTRICTIONS.
(A) You must comply with all applicable laws regarding
the use of the SOFTWARE PRODUCT.
(B) You may not reverse engineer, decompile,
or disassemble the SOFTWARE PRODUCT.
(C) You may not rent or lease the SOFTWARE
PRODUCT.
(D) You may not distribute copies of the activated SOFTWARE PRODUCT
or license keys to third parties.
(E) You may not exceed the scope of your
licensed SOFTWARE PRODUCT.
(F) You may not activate the SOFTWARE PRODUCT with
a license key that you did not legally obtain.
(G) You must properly pay for
any SOFTWARE PRODUCT license keys used. (H) You may not use the private programming
interfaces of the SOFTWARE PRODUCT.
(I) You may not use programs or other robot
software applications to automate the collection of bandwidth test data using
the browser and SOFTWARE PRODUCT applet.
3. AUDITING. You give your consent for Visualware to monitor SOFTWARE PRODUCT
license key usage for the purpose of auditing compliance with the terms of this
Agreement.
4. TERMINATION. Visualware may terminate this Agreement and disable the
SOFTWARE PRODUCT for any length of time, including in perpetuity, without prior
notice if you fail to comply, or Visualware has reasonable belief that you failed to comply, with the terms and conditions of this Agreement. In such
event, you must destroy all copies of the SOFTWARE PRODUCT.
5. NO WARRANTY. Any use of the SOFTWARE PRODUCT is at your own risk. To the
maximum extent permitted by applicable law, Visualware and its owners,
employees, agents, associates, affiliates, and suppliers disclaim all warranties and conditions, either express or implied, including, but not
limited to, implied warranties of merchantability, fitness for a particular purpose, and non–infringement.
6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by
applicable law, in no event shall Visualware or its owners, employees, agents,
associates, affiliates, or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business
information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT (whether due to license termination or any other reason), even if Visualware has been advised of the possibility of such damages.
7. LIMITATION OF LIABILITY. Visualware’s entire liability and your exclusive
remedy under this Agreement shall not exceed your purchase price.
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