By downloading, using or installing a technical preview or a trial version of a product or a service (the “Preview Product") you agree to the following terms and conditions:
1. Ditec Software Co., Ltd. ("Ditec") shall provide you with a copy of the Preview Product and any accompanying documentation. You shall test the Preview Product in accordance with any conditions specified on the readme file for the software and/or any accompanying documentation during the test period specified by Ditec (“Test Period”). Ditec may vary the duration of the Test Period at any time and for any reason. You may not continue using the Preview Product beyond the Test Period and must remove all copies of the Preview Product and accompanying documentation from your systems upon expiration of the Test Period.
2. TEST PURPOSES ONLY. You acknowledge that the Preview Product is provided for test purposes only and Ditec does not grant any right, title or interest in the Preview Product or any intellectual property of Ditec or any third party licensor. You may not sell or transfer the Preview Product or any part of it to any third party, nor assign or transfer any of your rights or obligations under these terms and conditions.
3. CONFIDENTIAL INFORMATION. You acknowledge that the Preview Product is proprietary to and a trade secret of Ditec and is to be used by you only in accordance with these terms and conditions. You shall clearly identify the Preview Product as Ditec’s property. The Preview Product and any accompanying documentation shall be kept by you in the strictest confidence. You will not without Ditec’s express prior written consent (a) disclose any information about the Preview Product, accompanying documentation or test results to anyone other than your employees who are carrying out the testing; (b) copy any part of the Preview Product or the documentation except to the extent necessary to carry out the testing; or (c) reverse assemble, decompile or disassemble the Preview Product or any part of it. You shall keep the Preview Product, documentation and test results as secure as your confidential proprietary information which shall include without limitation, keeping all copies in a locked safe or filing cabinet when not in use.
4. NO WARRANTY. You expressly acknowledge that the Preview Product is provided free of charge as a technical preview or trial version and that accordingly the Preview Product is provided “AS IS”. Ditec gives no warranties, representations, conditions, undertakings or other obligations, whether express or implied by common law, trade usage, course of dealing or otherwise (including without limitation any implied warranties or conditions of satisfactory quality or fitness for a particular purpose, or any warranty that the Preview Product will be error-free or that such errors will be corrected), all of which are hereby excluded to the fullest extent permitted by law. To the maximum extent permitted by applicable law, in no event will Ditec be liable to you for any loss or damage of any kind, whether in contract, tort (including without limitation negligence) or otherwise, arising from your use or inability to use the Preview Product, or from faults or defects in the Preview Product, or otherwise under or in relation to these terms and conditions. Ditec does not limit or exclude its liability for (a) fraudulent misrepresentation, or (b) death or personal injury caused by Ditec’s negligence.
5. EXPORT. You agree to fully comply with all laws and regulations of the United States and other countries ("Export Laws") to ensure that neither the Software nor any components thereof are: (1) exported, directly or indirectly, in violation of Export Laws; or (2) used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical or biological weapons production.