1. You have a nonexclusive, nontransferable license to use our Service for a period of 60 days for the purpose of testing and evaluating the Service. Your use of the Service on behalf of yourself and your clients shall be governed by these Terms of Service. You will forward a copy of these Terms of Service to your clients. You will be responsible for any breach by your client of these Terms of Service.
2. In consideration for receiving a copy of the Service for testing, you agree to notify the Company of all problems and ideas for enhancements which come to your attention during the term of your use. You hereby assign to the Company all right, title and interest to such enhancements and all property rights therein, including, without limitation, all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights.
3. You agree that our Service includes valuable trade secrets of the Company. In connection with your use of the Service, the Company may disclose to you confidential, proprietary information related to the Company, its business and the Service. You agree to hold in strict confidence and not disclose any such confidential information to any third party except as approved in writing by the Company and to not use any such confidential information for any purpose other than evaluating the Service.
4. You agree that your use of the Service shall not be construed as granting to you any ownership rights to any confidential information of the Company, or to any invention or any patent, copyright, trademark, or other intellectual property right. You shall not make, have made, use or sell for any purpose any product or other item using, incorporating or derived from any confidential information or the Service. You will not modify, reverse engineer, decompile, create other works from, or disassemble any software programs contained in any confidential information or the Service.
5. This Service is a trial release offering and may not be at the level of performance of a commercially available product offering. The Service may not operate correctly and may be substantially modified prior to first commercial release. THE SERVICE AND DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
6. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGE WHATSOEVER ARISING OUT OF YOUR USE OF THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. These Terms of Service shall be governed by and construed in accordance with the laws of Texas. You agree that breach of these Terms of Service will cause the Company irreparable damage for which recovery of damages would be inadequate, and that the Company shall therefore be entitled to obtain timely injunctive relief, as well as such further relief as may be granted by a court of competent jurisdiction. You will not assign or transfer any rights or obligations under these Terms of Service without the prior written consent of the Company.