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.