LA_OPT_WOLFSSL_EVAL v1 June 2017

Third Party License Terms

 

This end-user license agreement is between WolfSSL Inc. (“WolfSSL”) and you.

 

1.             wolfSSL grants you a license to use the WolfSSL CyaSSL software (the “Software”) for internal development, testing, and evaluation purposes only.  You must enter into a separate agreement with wolfSSL to use the Software in any other way.

 

2.             The intellectual property and proprietary rights of whatever nature in the Software and related documentation, including derivative works thereof, are and shall remain the exclusive property of wolfSSL or its suppliers, and nothing in this agreement should be construed as transferring any aspects of such rights to you or any third party.  wolfSSL and its suppliers reserve any and all rights not expressly granted in this Agreement. You will not sell, assign, sublicense, lease, or otherwise transfer any part of this license.

 

3.             THE SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES CONCERNING THE INSTALLATION, USE, OR PERFORMANCE OF THE SOFTWARE.  WOLFSSL AND ITS SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE.  WOLFSSL AND ITS SUPPLIERS DO NOT WARRANT THAT THE TECHNOLOGY WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED.

 

4.             TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT SHALL WOLFSSL HAVE ANY LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFIT OR LOST SAVINGS (WHETHER RESULTING FROM IMPAIRED OR LOST DATA, SOFTWARE, OR COMPUTER FAILURE, OR ANY OTHER CAUSE), EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) IN ANY EVENT, AND NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, THE AGGREGATE LIABILITY OF WOLFSSL TO YOU UNDER THIS AGREEMENT FOR ANY REASON AND UPON ANY CAUSES OF ACTION SHALL BE LIMITED TO TWENTY-FIVE DOLLARS (US$25.00).

 

5.             WolfSSL may terminate this agreement immediately in the event wolfSSL reasonably believes that the Software may be subject to a claim of intellectual property infringement or trade secret misappropriation.  This agreement, including the license set forth in Section 1, will terminate immediately if you infringe wolfSSL’s intellectual property rights.

 

6.             This agreement constitutes the entire agreement between the parties, and supersedes all other prior or contemporaneous communications between the parties (whether written or oral) relating to the subject matter of this Agreement.

 

7.             This agreement shall be governed by the laws of the State of Washington, without regard to the conflict of laws provisions thereof.  In no event shall either the United Nations Convention on Contracts for the International Sale of Goods or any version of the Uniform Computer Information Transactions Act apply to, or govern, this agreement.  The parties agree to the exclusive venue and jurisdiction in the state and federal courts in Seattle, Washington.  These provisions will survive the termination or expiration of this agreement.