Application Trial license agreement


DREAMWARE Limited

協議及私隱訊息 Agreement and Data Privacy

所有收集信息,將只在iSchool 系統範圍使用。 Dreamware Limited將不會傳送這些信息給第三方用於與iSchool應用服務不相關的的任何目的。
當申請試用,您同意載於下文的iSchool 試用協議 "Application Trial license agreement"。

All information collected in this form will only be used in iSchool trial program. Dreamware Limited will not transfer any of the information to a third party for any purposes which is not related to iSchool Application service. While proceeding to apply for the trial, you agreed to the "Application Trial license agreement" set out in the form below.

Application Trial license agreement



DREAMWARE Limited (referred as “DREAMWARE”), a Hong Kong Limited Company, and the Licensee hereby agree as follows:

Definitions

Terms used herein shall have the following definitions:

LICENSEE: The person who has requested a Trial License and accepted the responsibility for ensuring that all usage of Dreamware Limited Programs complies with the terms of this Software License Agreement.

DREAMWARE PROGRAM: The computer program(s) supplied by DREAMWARE to Licensee under the terms of this Software License Agreement, including the DREAMWARE documentation for such program.

 

License

DREAMWARE hereby grants to Licensee and Licensee accepts from DREAMWARE a non-exclusive, non-transferable, royalty-free license solely for evaluation purposes.

 

Restrictions on Use

Licensee agrees not to

modify, reverse compile, disassemble, or otherwise reverse engineer any DREAMWARE Program, or allow anyone else to do so (except only to the extent such prohibition is contrary to applicable law);

attempt to access or use portions of the DREAMWARE Program code for which Licensee has not acquired a license; or

except as specifically authorized herein, distribute or transfer the DREAMWARE Program.

copy DREAMWARE programs or take DREAMWARE programs as a reference for any application development, marketing or research.

Licensee also agrees not to remove or destroy any proprietary markings or legends or any encrypted license keys or similar security devices placed upon or contained within any DREAMWARE Program.

Each DREAMWARE Program shall be used by the Licensee only for the purpose of evaluating suitability of the program for the Licensee's proposed applications. For the avoidance of any doubt all output generated from any DREAMWARE Program shall not be used for commercial or research purposes, publications, or presentations without the express written consent of DREAMWARE. All files provided by DREAMWARE and all output generated from these files shall remain the property of DREAMWARE and shall not be used for purposes other than internal evaluation.

Any use of any DREAMWARE Program for a commercial purpose or to produce meshes having commercial value, including any project or mesh of a type performed in the normal course of a business or practice, is prohibited.

Licensee shall not use any DREAMWARE Program for the purpose of developing products which compete with the DREAMWARE Programs. In no event shall Licensee make all or any part of any DREAMWARE Program available to any third person as part of a data services operation or application services provider or otherwise.

Licensee understands and acknowledges that it is granted only those rights set out in this Software License Agreement and License Supplement and no other rights.

 

Ownership

Licensee acknowledges and agrees that neither this Software License Agreement nor any License Supplement grants Licensee any title or rights of ownership in any DREAMWARE Program or any right to use, copy, transfer or disclose all or any portion of any DREAMWARE Program except as expressly provided in this Software License Agreement and the applicable License Supplement.

All right, title, and interest in any DREAMWARE Program and in any ideas and know-how which are developed by DREAMWARE in the course of providing any technical services, including any enhancements or modifications made to a DREAMWARE Program, shall at all time remain the property of DREAMWARE. Licensee acknowledges and agrees that the DREAMWARE Program is licensed, not sold.

 

Duration

If no license period is specified in a License Supplement, the license shall terminate 1 month from receipt of the License login, at which time the Licensee must return or delete all copies of that DREAMWARE Program.

Charges and Payment

DREAMWARE will provide Licensee trial license free of all charges and fees for the period specified in a License Supplement. DREAMWARE reserves the right to change its prices, including license fees, without notice.

Maintenance, Enhancement and Support

Support for the duration of the trial license will be provided at DREAMWARE's sole discretion and may be conditioned upon payment of additional fees.

 

Non-Disclosure

For a period of ten (10) years from the last date that DREAMWARE delivers to Licensee any DREAMWARE Program or any update or improvement thereto, Licensee shall

keep confidential and utilize its best efforts to prevent unauthorized disclosure or use of any DREAMWARE Program, and

not make or permit to be made any more copies of any DREAMWARE Program than are necessary for the Licensee's internal use of that DREAMWARE Program.

 

Warranty

There is no express warranty provided for trial license.

 

Limitation of Liability

Licensee expressly acknowledges that:

DREAMWARE shall not be liable for loss of profit, loss of business, or other financial loss which may be caused, directly or indirectly, by the inadequacy of any DREAMWARE Program for any purpose or use thereof or by any defect or deficiency therein.

DREAMWARE shall not have any liability with respect to any loss or damage related to or arising from:

any failure of any DREAMWARE Program to perform as specified herein except as and to the extent otherwise expressly provided herein; or

any use or application of any DREAMWARE Program or the results or decisions made or obtained by users of the DREAMWARE program.

Termination

Trial/Evaluation Licenses will terminate automatically on the expiration date if not renewed pursuant to the terms of the License as further defined in Section 6 (Duration) above.

DREAMWARE shall have the right without further obligation or liability to Licensee to terminate this Software License Agreement and Licensee's license hereunder as to any DREAMWARE Program.

Upon the termination of this Software License Agreement as to any DREAMWARE Program, the license and all other rights granted to Licensee as to that DREAMWARE Program hereunder shall immediately cease, and Licensee shall immediately:

return that DREAMWARE Program to DREAMWARE including all documentation, manuals and copies in respect of that DREAMWARE Program;

purge all copies of that DREAMWARE Program and any portions thereof from all CPU's and storage media and devices on which Licensee has placed or allowed others to place that DREAMWARE Program; and

upon request provide DREAMWARE with written certification that Licensee has complied with its obligations under this Paragraph 12(c).

 

General Provisions

Licensee shall not have the right to assign or otherwise transfer its rights or obligations under this Software License Agreement except with the written consent of the other party.

This Software License Agreement and any License Supplement shall be governed by and construed in accordance with the laws of Hong Kong Special Administration Region.

This Software License Agreement supersedes all proposals, oral or written, and all negotiations, conversations or discussions heretofore had between the parties related to this Software License Agreement. Licensee acknowledges that it has not been induced to enter into this Software License Agreement by any representations or statements, oral or written, not expressly contained herein. The terms and conditions of this Software License Agreement shall prevail, notwithstanding any variance with the terms and conditions of any order or other instrument submitted by Licensee.

This Software License Agreement supersedes any and all other Software License Agreements between the parties governing DREAMWARE Programs.

This Software License Agreement shall not be deemed or construed to be modified, amended, rescinded, cancelled or waived, in whole or in part, except by written amendment signed by the parties hereto.