Ikan Development N.V. Trial License Terms

Export Controls on the Programs

Your acceptance will be a confirmation of your agreement that you comply, now and during the trial term, with each of the following statements:

You will not download or otherwise export or re-export the Programs, directly or indirectly, to persons on the above mentioned lists.

You will not use the Programs for, and will not allow the Programs to be used for, any purposes prohibited by Belgian or United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.

 

Export restrictions

You agree that Belgian or U.S. export control laws and other applicable export and import laws govern your use of the programs, including technical data;

You agree that neither the programs nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.

Ikan Development N.V. Employees: Under no circumstances are Ikan Development N.V. Employees authorized to download software for the purpose of distributing it to customers. Ikan Development N.V. products are available to employees for internal use or demonstration purposes only. In keeping with Ikan Development N.V.'s trade compliance obligations under Belgian or U.S. and applicable multilateral law, failure to comply with this policy could result in disciplinary action up to and including termination.

Note: You are bound by the Ikan Development N.V. License Agreement terms. The License Agreement terms also apply to all updates.

 

The License Agreement terms below supersede any previous License terms.

Ikan Development N.V. License Agreement, “We," "us," and "our" refers to Ikan Development N.V., for and on behalf of itself and its subsidiaries and affiliates under common control. "You" and "your" refers to the individual or entity that wishes to use the programs from Ikan Development N.V. "Programs" refers to the Ikan Development N.V. software product you wish to download and use and program documentation. "License" refers to your right to use the programs under the terms of this agreement. This agreement is governed by the substantive and procedural laws of Belgium. You and Ikan Development N.V. agree to submit to the exclusive jurisdiction of, and venue in, the courts of Mechelen, Belgium in any dispute arising out of or relating to this agreement.

We are willing to license the programs to you only upon the condition that you accept all of the terms contained in this agreement. Read the terms carefully and select the "I accept the terms of this license agreement" checkbox to confirm your acceptance. If you are not willing to be bound by these terms, select the "I do not accept the terms of this license agreement" checkbox and the registration process will not continue.

 

License rights

Unless you have a valid license agreement, we hereby grant you a nonexclusive, nontransferable limited license to use the programs only for the purpose of developing, testing, prototyping and demonstrating your application, and not for any other purpose. If you use the application you develop under this license for any internal data processing or for any commercial or production purposes, or you want to use the programs for any purpose other than as permitted under this agreement, you must obtain a valid license agreement for the program by contacting us or an Ikan Development N.V. reseller to obtain the appropriate license. You acknowledge that you may not produce a production release version of the program and any development efforts undertaken by you are at your own risk. We may audit your use of the programs. Program documentation, if available, may accessed online.

Ownership and Restrictions. We retain all ownership and intellectual property rights in the programs. The programs may be installed on one computer only, and used by one person in the operating environment identified by us. You may make one copy of the programs for backup purposes.

You may not:

 

Export

You agree that Belgium or U.S. export control laws and other applicable export and import laws govern your use of the programs, including technical data;

You agree that neither the programs nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.

 

Disclaimer of Warranty and Exclusive Remedies

THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND EUROS (EURO1.000).

 

Trial Programs Included With Orders

We may include additional programs with an order which may be used for trial purposes only. You will have 30 days from the delivery date to evaluate these programs. Any use of these programs after the 30 day trial period requires you to obtain the applicable license. Programs licensed for trial purposes are provided "as is" and we do not provide technical support or any warranties for these programs.

 

No Technical Support

Our technical support organization will not provide technical support, phone support, or updates to you for the programs licensed under this agreement.

 

End of Agreement

You may terminate this agreement by destroying all copies of the programs. We have the right to terminate your right to use the programs if you fail to comply with any of the terms of this agreement, in which case you shall destroy all copies of the programs.

 

Relationship Between the Parties

The relationship between you and us is that of licensee/licensor. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity. Nothing in this agreement shall be construed to limit either party's right to independently develop or distribute software that is functionally similar to the other party's products, so long as proprietary information of the other party is not included in such software.

 

Open Source

"Open Source" software - software available without charge for use, modification and distribution - is often licensed under terms that require the user to make the user's modifications to the Open Source software or any software that the user 'combines' with the Open Source software freely available in source code form. If you use Open Source software in conjunction with the programs, you must ensure that your use does not:

  1. create, or purport to create, obligations of us with respect to the Ikan Development N.V. programs; or

  2. grant, or purport to grant, to any third party any rights to or immunities under our intellectual property or proprietary rights in the Ikan Development N.V. programs. For example, you may not develop a software program using an Ikan Development N.V. program and an Open Source program where such use results in a program file(s) that contains code from both the Ikan Development N.V. program and the Open Source program (including without limitation libraries) if the Open Source program is licensed under a license that requires any "modifications" be made freely available. You also may not combine the Ikan Development N.V. program with programs licensed under the GNU General Public License ("GPL") in any manner that could cause, or could be interpreted or asserted to cause, the Ikan Development N.V. program or any modifications thereto to become subject to the terms of the GPL.

 

Entire Agreement

You agree that this agreement is the complete agreement for the programs and licenses, and this agreement supersedes all prior or contemporaneous agreements or representations. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.

Should you have any questions concerning this License Agreement, or if you desire to contact Ikan Development N.V. for any reason, please write: Ikan Development N.V. Schaliënhoevedreef 20A 2800 Mechelen, Belgium