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STREAM.txt
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HOLO-LIGHT GMBH & SUBSIDIARIES
SDK EVALUATION AGREEMENT
THE TERMS AND CONDITIONS CONTAINED HEREIN CONSTITUTE A LEGAL AGREEMENT.
THIS LICENSE AGREEMENT ("AGREEMENT") CONTAINS THE ENTIRE LICENSE TERMS & AGREEMENT BETWEEN YOU, THE LICENSEE ("YOU") AND HOLO-LIGHT GMBH & ITS SUBSIDIARIES ("HOLO-LIGHT").
READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING/INSTALLING/INTEGRATING/BUILDING UPON THE PRODUCT ("STREAM"), YOU ACKNOWLEDGE THAT
(1) YOU ARE AUTHORIZED TO ENTER THIS AGREEMENT FOR AND ON BEHALF OF YOUR COMPANY, AND ARE DOING SO, AND
(2) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU AND THE COMPANY SHALL BE BOUND BY THESE TERMS AND CONDITIONS AND ALL MODIFICATIONS AND ADDITIONS PROVIDED.
1. License Grant.
HOLO-LIGHT grants you a limited, non-exclusive, non-transferable license to use STREAM, for non-commercial, non-production evaluation purposes only, the HOLO-LIGHT software development kit , known as STREAM (the "Software") and related product documentation at no charge subject to the terms and restrictions set forth in this License Agreement. You are not permitted to use STREAM in any manner not expressly authorized by this License. You acknowledge and agree that ownership of STREAM and all subsequent copies thereof regardless of the form or media are held by HOLO-LIGHT.
2. Term of Agreement.
Your license is effective until terminated by HOLO-LIGHT (at HOLO-LIGHT's sole discretion and without notice). The License will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. At termination you shall cease all use of STREAM and destroy all copies, full or partial of the Software.
3. Ownership Rights.
STREAM and related documentation are protected by German, Austrian and European copyright laws and international treaties. HOLO-LIGHT, third party component providers and open source component providers own and retain all right, title and interest in and to STREAM and related documentation, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein.
4. Use of Name and Trademarks.
You shall not use the name, trade names or trademarks of HOLO-LIGHT or any of its affiliates/subsidiaries in any advertising, promotional literature or any other material, whether in written, electronic or other form without express written permission of HOLO-LIGHT.
5. Restrictions.
(i) You may not rent, lease, lend, redistribute or sublicense the Software. You may not copy STREAM except to make archival or backup copies, provided that the backup copy must include all copyright or other proprietary notices contained on the original. However, you may copy the related product documentation. You may not modify, decompile, reverse engineer, or disassemble STREAM, except when the foregoing restriction is expressly prohibited by applicable law. You may not publish any results from tests using STREAM without the express written permission of HOLO-LIGHT.
(ii) This license is strictly for non-commercial, non-production evaluation purposes. You agree and acknowledge that you may not use the Software for any commercial purpose whatsoever.
6. Feedback.
You agree that any feedback or ideas you provide to us regarding any Software or any suggested improvements thereto (together, the "Feedback") will be exclusive property of HOLO-LIGHT. To the extent you own any rights in the Feedback, you agree to assign and hereby do assign to us all right, title and interest in and to the Feedback.
7. Exclusion of Warranties.
STREAM IS PROVIDED TO LICENSEE "AS IS", AND ANY USE BY LICENSEE OF STREAM WILL BE AT LICENSEE'S SOLE RISK. HOLO-LIGHT MAKES NO WARRANTIES RELATING TO STREAM AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability.
IN NO EVENT SHALL HOLO-LIGHT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTON OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE HOLO-LIGHT SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILTY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF HOLO-LIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.No Export.
You agree not to export, directly or indirectly, STREAM or any components thereof to any country for which the German/Austrian Governments or any agency thereof at the time of export requires an export license or other government approval without first obtaining such license or approval.
10.Assignment/Transfers.
You may not assign or transfer this Agreement, in part or in whole, without HOLO-LIGHT's prior written consent.
11.Severability. If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions of this Agreement shall not in any way be affected or impaired.