1.1 Licensing – This contract grants the customer a limited, personal and non-transferable contract, a non-exclusive and limited right to use a copy of the software available for download on this site (the “software”), in the form of object code, on a maximum of five client servers on a client site for a period that is not allowed forty-five (45) days from the date of the software`s entry into force (“licence period”) for the sole purpose of evaluating the purchase software for a production version of no more than forty-five (45) days from the time the software comes into force. This version of the software can only be used in a non-production environment. The term “software” also includes any associated documentation and other materials or information provided by EMC. This special test/evaluation version of the software may contain a computer code that limits the use of the software to specific environments with limited capacity. The customer will not use them unless expressly authorized. The software available for download will only be used 45 days after downloading and activating the software for evaluation. 3.1 Full Agreement – The terms contained in it constitute the whole agreement between the parties with respect to the purpose of this Agreement and replace all previous agreements, written or written, which could be attached to the media on which the Software is registered or which can be displayed electronically when the Software is installed/activated. Any amendment or waiver of a provision of these provisions only takes effect if it is made in a letter signed by both parties. IMPORTANT – PLEASE READ CAREFULLY. This software evaluation licensing agreement (the “contract”) is a legal agreement that defines the conditions under which EMC Corporation (“EMC”) provides limited access to the use of the software and temporary use of the software through testing/assessment (as defined in Section 1.1 below).
By clicking on the “Accept” button or download, install or use the Software, you (i) declare to EMC that you have the right to link the organization to which you access this agreement (the “customer”) and (ii) on behalf of the customer to accept that the terms of this agreement govern the relationship of the parties regarding this EMC software. If you are not allowed to accept the terms of this Agreement or if you do not accept the terms of this Agreement, you are not allowed to download or use the Software. You must accept the terms and conditions of sale to download your test software. Please read carefully and click the “Accept – Download” button at the bottom of the page. 3.4 Termination – In addition to any other remedies available to EMC under this Agreement, depending on the law or equity at its sole discretion, EMC has the right to revoke this agreement and all associated licenses at any time in writing, with or without reason, and this termination takes effect immediately. After the expiry or end of the licence term, the Customer will stop using and returning or confirming the destruction of software (including copies) to EMC.