Grant of Limited License.
Subject to all terms of this Agreement, the COMPANY grants the LICENSEE the nonsublicensable, nonexclusive, limited-term right (the "LICENSE") to use the SOFTWARE, which use is limited to non-productive evaluation only. Any activity under the LICENSE shall be strictly in accordance with and subject to the COMPANY.s applicable user documentation. The SOFTWARE is server based (which, for purpose of this Agreement, is hosted on COMPANY servers and the use of which is made accessible to the LICENSEE only via a web browser interface.

Restrictions.
LICENSEE will maintain the copyright notice and any other notices that appear on or in the SOFTWARE or any copies and any media, including, without limitation, the Key/Agent click-through notice/license. LICENSEE will not (and will not allow any third party to) (i) reverse engineer or attempt to discover any source code or underlying ideas or algorithms of any SOFTWARE, (ii) provide, lease, lend, use for timesharing or service bureau purposes or otherwise use or allow others to use the SOFTWARE for the benefit of any third party, or (iii) use the SOFTWARE, or allow the transfer, transmission, export, or re-export of the SOFTWARE or any portion thereof or any technical data (A) in violation of any export control laws or regulations administered by the U.S. Commerce Department, OFAC, or any other government agency or (B) in any case into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the U.S. has embargoed or restricted the export of goods or services; or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. All the limitations and restrictions the SOFTWARE in this AGREEMENT also apply to documentation.

Termination.
This AGREEMENT shall remain in effect except as specified below. The licenses and services and all rights of the LICENSEE will terminate upon completion of the Term (which Term shall end (a) 1 day from when the COMPANY has first enabled its system so that the LICENSEE could obtain any access to or use of all or a portion of the SOFTWARE, or (b) if authorized agents of the parties have agreed in writing to a shorter or longer period, at the end of that period) or, if earlier, upon notice from the COMPANY of any breach by the LICENSEE. Upon any termination, the LICENSEE shall immediately cease all use of the SOFTWARE and all portions thereof and so certify to the COMPANY. Except as otherwise expressly provided herein, the terms of the AGREEMENT shall survive termination. Termination is not an exclusive remedy and all other remedies will remain available.

Warranty Disclaimer.
EVERYTHING PROVIDED UNDER THIS AGREEMENT (WHETHER PRODUCT, SERVICE OR OTHERWISE) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. FURTHER, COMPANY DOES NOT WARRANT RESULTS OF USE OR FREEDOM FROM BUGS OR UNINTERRUPTED USE OR ACCESS.

Limitation of Liability.
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, COMPANY SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNTS IN EXCESS IN THE AGGREGATE OF THE FEES PAID TO IT HEREUNDER; (II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR RIGHTS; (III) FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES; (IV) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (V) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL.

Miscellaneous.
Neither this AGREEMENT nor the licenses granted hereunder are assignable or transferable; any attempt to do so shall be void. COMPANY may assign this AGREEMENT in whole or in part. Any notice, report, approval or consent required or permitted hereunder shall be in writing. As between the parties, COMPANY will own all intellectual property rights in the SOFTWARE and anything else created in pursuant to the AGREEMENT. If any provision of this AGREEMENT shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this AGREEMENT shall otherwise remain in full force and effect and enforceable. This AGREEMENT shall be deemed to have been made in, and shall be construed pursuant to the laws of the jurisdictions in which COMPANY address on the cover page of this agreement is located, without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. Any waivers or amendments shall be effective only if made in writing. This AGREEMENT is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this AGREEMENT. The prevailing party in any action to enforce this AGREEMENT will be entitled to recover its attorney's fees and costs in connection with such action. As defined in FAR section 2.101, DFAR section 252.227-7014(a)(1) and DFAR section 252.227-7014(a)(5) or otherwise, the SOFTWARE and accompanying documentation provided by COMPANY are "commercial items," "commercial computer software" and/or "commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by the terms of this AGREEMENT and shall be prohibited except to the extent expressly permitted by the terms of this AGREEMENT. By participating in this demo you undertake to allow Refense VMS access over the internet to one network device of your choosing using the connection method you select and the username and password information you provide. You acknowledge and agree that Refense VMS will collect information about this network device for the purposes of producing a report on security vulnerabilities and mis-configurations. All information collected by Refense VMS is stored for 24 hours only. Additionally you acknowledge and agree that Refense Technologies may contact you at any time with regards to the interactive demo of the Refense VMS product. Refense Technologies will not use your information for any other purpose than for the direct marketing and sale of its products and or services. For more information regarding our privacy policy please visit http://www.refense.com/legal.