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eCosPro Evaluation License

eCosPro Evaluation License

v1.0, February 2016

eCosPro Developer's Kits incorporate a number of eCosPro packages that are provided for purposes of evaluation only (“Evaluation Software”) and licensed under the terms of this eCosPro Evaluation License v1.0.

Each Evaluation Software package may only be upgraded to the standard eCosPro License by purchasing a separate eCosPro License for each individual package, or set of packages, from eCosCentric Limited.

Examples of Evaluation Software that fall under this license are the following eCosPro packages:

Evaluation Software may also extend to individual eCosPro libraries, HAL and BSP packages. All Evaluation Software will be identified as being licensed under the eCosPro Evaluation License v1.0 in the source code headers and documentation.

1. License

eCosCentric Limited (“eCosCentric” or “Licensor”) grants you (“Licensee”) a non-exclusive license to use the eCosPro Evaluation Software “Evaluation Software”) free of charge, subject to the terms of this agreement and provided that:

  1. the Evaluation Software and/or any derivatives thereof is used entirely for internal evaluation purposes only (for example; to develop a prototype product, to evaluate the performance or usability of the Evaluation Software); and,
  2. any size or performance figures or reviews/comments resulting from the internal evaluation of the Evaluation Software are to be used for internal purposes only and are not to be made public without the express written consent of the Licensor; and,
  3. all existing copyright, trademark and license notices are retained in all copies of the Evaluation Software and accompanying documentation; and,
  4. all existing copyright and trademarks notices and this License notice appear in any reviews or documentation regarding the Evaluation Software; and,
  5. all intellectual property rights in any Evaluation Software and any derivatives thereof shall remain vested in the Licensor; and,
  6. if the Evaluation Software was provided subject to an evaluation period, all evaluation and/or use of the Evaluation Software and any derivatives is discontinued after expiry of the evaluation period

2. Evaluation Period

The Evaluation Software may be subject to an evaluation period. If subject to an evaluation period, this will be stated in either: (i) the eCosPro Evaluation License Agreement, or; (ii) the accompanying description, documentation, media or notification for download.

The Evaluation License period starts on the date the Evaluation Software was first downloaded or otherwise provided by eCosCentric.

After expiry of the evaluation period if you wish to continue to evaluate or use the Evaluation Software you must purchase an eCosPro License from eCosCentric. If you do not purchase an eCosPro License you must discontinue any further use or evaluation of the Evaluation Software.

Uninstallation of all Evaluation Software is recommended.

3. Redistribution Is Not Permitted

The Licensee may use the Evaluation Software subject to the following limitations:

Redistribution of the Evaluation Software and associated documentation in source, object, binary, or any other form, in part or in whole, is not permitted. Only the Licensee or Licensee's personnel, may access and evaluate the Evaluation Software.

If you wish to distribute object and/or binary forms of a Evaluation Software package or derivatives thereof you must first obtain an eCosPro License for that package from eCosCentric.

4. Disclaimer Of Warranty

The Evaluation Software is provided on an "AS IS" basis, without warranty of any kind.

Sections 4, 5, 6 and 7 of the eCosPro License version 2.1 are also applicable to the Evaluation Software under the terms of this license.

5. No Support

No technical support services for the Evaluation Software are provided under this Evaluation License. Technical support is only provided to eCosPro Licensees during their support term.

6. Term

This license is effective until terminated

7. Termination

Clauses 1b and 1e of this License shall remain in effect in perpetuity after termination of this agreement.

This license will terminate under the following conditions:

  1. Licensee files a bankruptcy petition or enters into an agreement to assign its assets for the benefit of creditors; or
  2. Licensee violates its obligations as defined by this Agreement and the failure has not been corrected within 30 days after notification by Licensor

If termination of this license occurs, Licensee must cease all use of the Licensor's software (Evaluation Software and eCosPro Commercial Licensed Software if licensed) and immediately return or destroy all software source code, utilities, and associated documentation. Upon termination, there will be no refund of any monies paid by Licensee. Furthermore, Licensee must certify in writing to Licensor that Licensee no longer possesses or is using any of the Licensor's software or documentation to develop new Target Software. This termination clause does not require the return of binaries or object code shipped by Licensee under the terms of the eCosPro License prior to license termination.

8. Non-Transferrable

This license is non-transferrable.

9. General

This License is governed by English law. Both the Licensor and the Licensee submit to the exclusive jurisdiction of the English courts in relation to any dispute concerning this agreement but the Licensor is also entitled to apply to any court worldwide for injunctive and other remedies in order to protect or enforce its Intellectual Property Rights.