HamsterBase End User License Agreement for Beta Software
PLEASE READ THIS BETA AGREEMENT CAREFULLY. BY INSTALLING, DOWNLOADING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS BETA AGREEMENT AND ANY SUPPLEMENTAL HamsterBase LICENSE AGREEMENT INCLUDED WITH THE SOFTWARE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. THE SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER DISTRIBUTED WITHOUT PRIOR WRITTEN AUTHORIZATION FROM HamsterBase.
This HamsterBase End User License Agreement for Beta Software (“Beta Agreement”) together with any Supplemental HamsterBase License Agreement included with the Software constitutes a legal agreement between You (an entity or a person) and HamsterBase LLC (“HamsterBase”). The software product(s) accompanying this Beta Agreement, software updates, media (if any) and accompanying online or printed documentation (collectively the “Software”) is protected by the copyright laws and treaties of the China and other countries and is subject to the terms of this Beta Agreement. If You do not agree with the terms of this Beta Agreement, do not download, install or otherwise use the Software and, if applicable, return the entire unused package to HamsterBase. The Software is licensed to You, not sold.
The Software may include or be bundled with other software programs licensed under different terms and/or licensed by a licensor other than HamsterBase. The terms of an end user license agreement accompanying a particular software file upon installation or download of the software shall supersede the terms presented below. Third party software programs are provided for use at Your option. HamsterBase is not responsible for any third party’s software and shall have no liability for Your use of third party software.
The Software may include components that are open source packages, developed independently, and accompanied by separate license terms. Your license rights with respect to individual components accompanied by separate license terms are defined by those terms; nothing in this Agreement shall restrict, limit, or otherwise affect any rights or obligations You may have, or conditions to which You may be subject, under such license terms. While the license terms for a component may authorize You to distribute the component, You may not use any HamsterBase marks (e.g., HamsterBase ) in distributing the component, whether or not the component contains HamsterBase marks.
License. Subject to the terms and conditions of this Beta Agreement, HamsterBase grants You a non-exclusive, non-transferable right to reproduce and internally use the Software during the Term specified below in a quantity as reasonably necessary to perform Your evaluation and/or testing of the Software.
If a HamsterBase product separate to the product provided for beta testing is included in or with the Software, then notwithstanding the license rights in the license agreement accompanying the copy of that separate HamsterBase product, You agree to use the separate HamsterBase product solely in connection with and solely for the purpose of Your evaluation of the Software. Your right to use the separate HamsterBase product software terminates upon termination of the Beta Agreement as specified below.
Term. This Beta Agreement becomes effective on the date You legally acquire the Software and will remain in force until terminated as follows. This Beta Agreement shall terminate upon the earlier of: (i) 180 days from the date of release of the Software, (ii) the next release of a pre-release version, if any, of the Software, (iii) first commercial shipment by HamsterBase of the Software, (iv) written notice of termination by either party, or (v) the date on which You breach any of the terms of this Beta Agreement. Upon termination of this Beta Agreement, You must cease use of the Software, return to an original state any actions performed by the Software, destroy the original and all copies of the Software or return them to HamsterBase, and delete the Software entirely from Your systems.
Pre-Release Quality. Since the Software is of pre-release quality, You should not use the Software in a commercial or production system. The Software has not been fully tested and may contain errors and omissions. The Software should be used only in a testing environment. HamsterBase does not guarantee that a commercial version of the Software will become generally available to the public, that target dates will be met, or that associated products will be released. The entire risk arising out of Your use of the Software remains with You. The Software may contain an automatic disabling mechanism that prevents its use after a certain period of time, so You should back up Your system and take other measures to prevent any loss of files or data. Use of the Software is entirely at Your own risk.
Confidentiality. (This section applies to You unless HamsterBase has released the Software to the general public as an open beta without obligation of confidentiality.) The Software and all embodied concepts, accompanying documentation and materials, product features, test and evaluation results, benchmark results, target dates, PIN numbers and passwords, and all other related information are proprietary and confidential information of HamsterBase and its suppliers and are referred to herein as “Confidential Information”. You agree not to disclose or provide any Confidential Information to any third party or use the Confidential Information for any purpose other than testing or evaluating the Software and providing feedback to HamsterBase. If provided a PIN number or password to access restricted sites, You agree not to share the PIN number or password with any third party. Your obligations of confidentiality shall survive termination of this Beta Agreement until the date HamsterBase makes such information publicly available.
Feedback. You understand and agree that HamsterBase may use any feedback or information You provide and You hereby grant HamsterBase a perpetual and irrevocable license to use all such feedback and information for any purpose without compensation to You, provided that HamsterBase shall not publicly reference Your name in connection therewith. You represent and warrant that such feedback and information will not include any proprietary or confidential information of You or any third party and that You have full authority to grant the foregoing license.
License Restrictions. HamsterBase reserves all rights not expressly granted to You. You may not: (1) increase, by any means whatsoever, the number of connections supported by the Software and licensed to You or support more than one connection or user through a single connection; (2) reverse engineer, decompile, or disassemble the Software except and only to the extent it is expressly permitted by applicable law; (3) modify, alter, rent, timeshare or lease the Software or sublicense any of Your rights under this Beta Agreement; or (4) transfer the Software or Your license rights under this Beta Agreement, in whole or in part.
No title to or ownership of the Software is transferred to You. HamsterBase and/or its licensors own and retain all title and ownership of all intellectual property rights in the Software, including any adaptations or copies. You acquire only a license to use the Software.
THE SOFTWARE AND OTHER CONFIDENTIAL INFORMATION IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE CONFIDENTIAL INFORMATION IS ASSUMED BY YOU. HamsterBase DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. HamsterBase DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary from state to state.
LIMITATION OF LIABILITY
Consequential Losses. NEITHER HamsterBase NOR ANY OF ITS LICENSORS, SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. Direct Damages. IN NO EVENT WILL HamsterBase’S AGGREGATE LIABILITY FOR DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A SERIES OF INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE SOFTWARE OUT OF WHICH SUCH CLAIM AROSE [OR $1 (U.S.) IF YOU RECEIVED THE SOFTWARE FREE OF CHARGE]. The above exclusions and limitations will not apply to claims relating to death or personal injury. In those jurisdictions that do not allow the exclusion or limitation of damages, HamsterBase’s liability shall be limited or excluded to the maximum extent allowed within those jurisdictions.
Support. HamsterBase has no obligation to provide support for the Software except as expressly stated herein.
Open Source. Nothing in this Agreement shall restrict, limit or otherwise affect any rights or obligations You may have, or conditions to which You may be subject, under any applicable open source licenses to any open source code contained in the Software. No Obligation to Purchase. This Beta Agreement shall not be construed as committing You to purchase licenses for the commercially available version of the Software. Any such purchase will be evidenced by the issuance of a formal purchase order.
Transfer. This Beta Agreement may not be transferred or assigned without the prior written approval of HamsterBase.
Law and Jurisdiction. This Agreement is entered into in Xuhui District, Shanghai. If the two parties have any disputes over the content of this agreement or its implementation (including but not limited to disputes over contracts or other property rights and interests), the two parties shall settle through friendly negotiation; if the negotiation fails, both parties agree to submit it to the Shanghai Xuhui District People's Court for jurisdiction and handling .
Entire Agreement. This Agreement sets forth the entire understanding and agreement between You and HamsterBase and may be amended or modified only by a written agreement agreed to by You and an authorized representative of HamsterBase. NO LICENSOR, DISTRIBUTOR, DEALER, RETAILER, RESELLER, SALES PERSON, OR EMPLOYEE IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY REPRESENTATION OR PROMISE THAT IS DIFFERENT FROM, OR IN ADDITION TO, THE TERMS OF THIS AGREEMENT.
Waiver. No waiver of any right under this Beta Agreement will be effective unless in writing, signed by a duly authorized representative of the party to be bound. No waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future right arising under this Beta Agreement.
Severability. If any provision in this Beta Agreement is invalid or unenforceable, that provision will be construed, limited, modified or, if necessary, severed, to the extent necessary, to eliminate its invalidity or unenforceability, and the other provisions of this Beta Agreement will remain unaffected.