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Trial License Agreement

Printable Version

License Agreement

Please carefully read the following Trial License
Agreement.  If you concur please click on “ACCEPT” button at the button of this page.
SOFTWARE EVALUATION LICENSE AGREEMENT
The software accompanying this Software Evaluation License Agreement is the property of Recursion Software, Inc., a Texas Corporation (“Recursion”). Recursion has granted you (“Licensee”) a license to this software upon the terms and conditions set forth in this Software Evaluation License Agreement (this “Agreement”) and by installing the software you agree to all of the terms and conditions set forth in this Agreement.
1. DEFINITIONS.
1.1 “Agreement” means this Software Evaluation License Agreement.
1.2 “Documentation” means all printed and electronic user manuals and other materials provided by Recursion to Licensee describing the installation and operation of the Software.
1.3 “Licensed Product(s)” means a current or future product of Licensee, including a new version or release of that product, that contains some or all of the Software and that adds significant function or value to the Software by integrating, embedding, bundling, or incorporating the Software into the product such that the primary reason for developing the product is other than to license the Software by itself to third parties.
1.4 “Software” means authorized copies of the computer software programs accompanying this Agreement, in source code, object code form, binary file form, as limited by the code and form received by Licensee from Recursion.
2. LICENSE GRANTS AND RESTRICTIONS.
2.1 Subject to the terms of this Agreement, Recursion grants to Licensee a worldwide, non-transferable, and non-exclusive license to copy and use the Software on not more than five of Licensee's workstations/terminals, solely in connection with the design, development and internal testing of Licensed Products and copy, merge, and incorporate the Software into the Licensed Products, in each case solely for the purpose of evaluating the Software.
2.2 Except as expressly set forth in this Agreement, Licensee may not: (a) copy, modify, merge, embed, sell, lease, assign, distribute or transfer in any manner or form, in whole or in part, the Software, Licensed Products or Documentation except as otherwise required by law; or (b) use the Software or Documentation to develop or distribute any software product that competes in the marketplace with the Software, or any other tool, system or library developed or marketed by Recursion. Notwithstanding the foregoing, Licensee may make copies of the Software and Documentation solely for archive or backup purposes or as otherwise required by law.
2.3 Licensee acknowledges that this Agreement does not grant Licensee any rights to the source code for the Software, unless Licensee has received source code directly from Recursion, and in such event, this Agreement shall govern Licensee's use of such source code. Licensee agrees not to reverse engineer, disassemble or decompile the Software or otherwise attempt to reproduce its source code or equivalent.
2.4 Licensee acknowledges that Recursion has, and will from time to time create, other computer software programs that may be based upon or related to the Software and that those other programs are not licensed to Licensee under this Agreement.
2.5 Licensee acknowledges that Recursion has no responsibility for providing Licensee with any support, product upgrades or other enhancements for, and that Recursion is under no obligation to create any product upgrades or enhancements to, the Software.
3. WARRANTIES AND DISCLAIMERS.
Licensee acknowledges that Recursion makes no representations or warranties with respect to the Software or Licensee's use of the Software. The Software is provided to Licensee “as is” and with all faults.
4. LIMITATION OF LIABILITY; INDEMNIFICATION
4.1 IN NO EVENT WILL RECURSION BE LIABLE OR OBLIGATED UNDER THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE SOFTWARE, EVEN IF RECURSION HAS BEEN ADVISED, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST BUSINESS REVENUES, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND. THIS SECTION DOES NOT LIMIT LIABILITY FOR BODILY INJURY.
4.2 Licensee agrees to indemnify and hold Recursion harmless from any and all claims, damages, losses, liability, cost and expenses (including, but not limited to, court costs and reasonable attorneys' fees) arising out of, or in connection with, Licensee's manufacture, use, sale, or distribution of any Licensed Products. Recursion will promptly notify Licensee of any such suit or claim; provided however, that Recursion's failure of timely notify Licensee will not relieve Licensee of its indemnification obligations under this Section.
5. TRADE SECRETS AND PROPRIETARY INFORMATION.
5.1 Licensee acknowledges that (a) Recursion is the owner of all rights, title and interest, including, but not limited to, all trademarks, copyrights, patent rights, and all other proprietary rights in the Software; (b) the Software is confidential in nature and not in the public domain; (c) Recursion claims all intellectual and industrial property rights granted by law therein; and (d) except as set forth in this Agreement, Recursion does not grant any rights to or ownership of the Software to Licensee. Licensee further acknowledges that Recursion retains all right, title and interest in the Software and in all improvements, enhancements, modifications and derivative works of the Software including all rights to patent, copyright, trade secret and trademark.
5.2 Licensee agrees to take all reasonable steps to ensure that unauthorized persons will not have access to any of the Software or Documentation and that all authorized persons having access will refrain from any disclosure, duplication or reproduction of the Software and Documentation except to the extent permitted under this Agreement.
5.3 Licensee agrees to accord the Software and the Documentation and all other confidential information relating to this Agreement the same degree and methods of protection as Licensee generally undertakes with respect to its similar confidential information, trade secrets and other proprietary data.
5.4 Licensee agrees not to challenge, directly or indirectly, any right or interest of Recursion in the Software, nor the validity or enforceability of Recursion's rights under applicable law. Licensee agrees not to directly or indirectly register, apply for registration or attempt to acquire any legal protection for any of the Software or any proprietary rights in the Software or to take any other action which may adversely affect Recursion's rights or interest in the Software or Documentation in any jurisdiction.
5.5 Licensee agrees to notify Recursion immediately and in writing of all circumstances, of which Licensee is aware, surrounding the unauthorized possession or use of the Software and Documentation by any person or entity. Licensee agrees to cooperate fully with Recursion, at Recursion's expense, in any litigation relating to or arising from such unauthorized possession or use. 5.6 Licensee acknowledges that, in the event of a breach by Licensee of its obligations under this Section 5, Recursion may (a) immediately terminate this Agreement, without liability to Licensee; (b) bring an appropriate legal action to enjoin any such breach of this Agreement; and (c) recover from Licensee reasonable attorneys' fees and costs in addition to other appropriate relief.
6. TRADEMARKS.
6.1 Licensee acknowledges Recursion's ownership of the trademark “Recursion,” the Software names, and all related trademarks and service marks. Licensee further acknowledges that it will acquire no interest in such trademarks and service marks by virtue of this Agreement or the performance by Licensee of its duties and obligations under this Agreement. Licensee agrees not to use the name "Recursion" or any of the Software names or marks (or any confusingly similar name or symbol), in whole or in part, as part of Licensee's business or trade name.
6.2 Recursion grants to Licensee the non-exclusive, limited right to use the Software names and marks solely in connection with the license, granted to Licensee under this Agreement. Recursion makes no warranty, express or implied, to Licensee concerning the use or validity of such names and marks.
6.3 Upon termination of this Agreement, Licensee agrees not to use Recursion's proprietary names and marks or any names or marks similar in sound or appearance.
7. EXPORT.
Licensee agrees that it will not, directly or indirectly, export or re-export, or knowingly permit the export or re-export of, the Software or Documentation, or any technical information about the Software or Documentation, to any country for which the United States Export Administration Act, any regulation thereunder, or any similar United States law or regulation, requires an export license or other United States government approval, unless the appropriate export license or approval has been obtained.
8. TERM; TERMINATION.
8.1 The term of this Agreement shall begin on the date the Software is received by Licensee and shall terminate on the thirtieth day thereafter. Licensee acknowledges that the Software may have encoded commands which will prevent the Software from functioning after the termination date of this Agreement.
8.2 Upon termination of this Agreement Licensee will (a) immediately discontinue all use of the applicable Software and Documentation; (b) immediately delete the applicable Software and Documentation and all copies in any form, including, but not limited to, any back-up or archival copies, from its system files and storage media; and (c) will return to Recursion within ten (10) days or destroy all printed copies of the Software and Documentation. At Recursion's request, Licensee will verify in writing to Recursion that the actions set forth in (a), (b), and (c) above have been taken.
8.3 The provisions of Sections 4, 5.4, and 5.6 will survive the termination of this Agreement, as will the continuing obligations of the parties under this Section 8.
9. GENERAL PROVISIONS.
9.1 This Agreement does not create any relationship of association, partnership, joint venture or agency between the parties. Neither party will have any right or authority to assume, create or incur any liability or obligation of any kind against or in the name of the other party.
9.2 This Agreement sets forth the entire agreement and understanding between the parties with respect to the subject matter in this Agreement. This Agreement merges all previous discussions and negotiations between the parties and supersedes and replaces any and every other agreement, which may have existed between Recursion and Licensee with respect to the contents of this Agreement.
9.3 Except to the extent and in the manner specified in this Agreement, any modification or amendment of any provision of this Agreement must be in writing and bear the signature of the duly authorized representative of each party.
9.4 The failure of either party to exercise any right granted under this Agreement, or to require the performance by the other party of any provision of this Agreement, or the waiver by either party of any breach of this Agreement, will not prevent a subsequent exercise or enforcement of such provisions or be deemed a waiver of any subsequent breach of the same or any other provision of this Agreement.
9.5 Licensee may not sell, assign or transfer any of its rights, duties or obligations under this Agreement without the prior written consent of Recursion and the payment of license transfer fees. Recursion reserves the right to assign or transfer this Agreement or any of its rights, duties and obligations to any direct or indirect subsidiary or affiliate of Recursion.
9.6 The parties agree that no person or entity who is not a party to this Agreement will be deemed to be a third-party beneficiary or entitled to any rights under this Agreement.
9.7 All notices, requests, reports, submissions and other communications permitted or required to be given under this Agreement will be deemed to have been duly given if such notice or communication is in writing and sent by personal delivery or by airmail, cable, telegram, telex, facsimile transmission, email or other commercial means of rapid delivery, postage or costs of transmission and delivery prepaid, to the parties at addresses specified below until such time as either party gives the other party not less than ten (10) days' prior written notice of a change of address in accordance with the provisions of this Agreement.
9.8 If any provision of this Agreement is determined by a court of competent jurisdiction to be in violation of any applicable law or otherwise invalid or unenforceable, such provision will to such extent as it is determined to be illegal, invalid or unenforceable under such law be deemed null and void, but this Agreement will otherwise remain in full force and effect. Furthermore, it is the intention of the parties that in lieu of such illegal, invalid, or unenforceable provision, there automatically be added as a part of this Agreement a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable.
9.9 Licensee may not publicize or disclose to any third party any of the terms or provisions of this Agreement, or the discussions relating to any of the contents of this Agreement, without the prior written consent of a duly authorized officer of Recursion, except as required by law. Recursion may issue press releases and other public announcements regarding its relationship with Licensee, with Licensee's prior approval. Licensee will be deemed to have approved Recursion's proposed release or announcement if: (a) Recursion requests approval and provides Licensee with a copy of the proposed release or announcement; and (b) Licensee's has not responded to Recursion's request within ten (10) days of its submission to Licensee. 9.10 Any disputes or proceedings related or arising out of this Agreement will be governed by and construed in accordance with the substantive laws of the State of Texas, without giving effect to its rules regarding conflicts of law. The International Convention for the Sale of Goods is expressly disclaimed. The sole and official language of this Agreement is English. The parties agree that the exclusive venue for any action arising under this Agreement will be in the state or federal courts located in Dallas, Texas, USA.
9.10 Any disputes or proceedings related or arising out of this Agreement will be governed by and construed in accordance with the substantive laws of the State of Texas, without giving effect to its rules regarding conflicts of law. The International Convention for the Sale of Goods is expressly disclaimed. The sole and official language of this Agreement is English. The parties agree that the exclusive venue for any action arising under this Agreement will be in the state or federal courts located in Dallas, Texas, USA.

Voyager Edge Community Edition (CE)

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Feature	Voyager Edge Eval	v.s.	Voyager Edge CE
Cost	Free (for 30-days)		Free (license good for 1 year & extended with each free update)

Support	Free (free for 30-days)		No (maintenance & support is available for purchase. )

Full Development License	Yes		Yes (program must be restarted every 8 hours)

Deployment Capabilities	No (this free version is for evaluation only)		No (this free version is for development and testing only)

Upgrades	N/A (unless new release falls within 30-day trial period)		Free

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Trial Research License Agreement

Printable Version

EDUCATIONAL USE LICENSE AGREEMENT
(Student)

THIS LIMITED LICENSE AGREEMENT is entered into as this date (the “Effective Date”) between Recursion Software, Inc., a Texas corporation (“Recursion”) and the undersigned student (“Licensee”).  In consideration of the mutual covenants and promises contained in this Agreement, the parties agree as follows regarding  the (“Software”):

1.	LICENSE GRANTS; RESTRICTIONS; EVALUATION.
1.1	Subject to the terms of this Agreement, Recursion grants to Licensee a limited, non-exclusive, non-transferable license to use the object code, binary form of the Software, solely for educational purposes.  Licensee acknowledges that this Agreement does not grant Licensee any rights to the source code for the Software.
1.2	Licensee acknowledges that this Agreement does not include the right or license to, and Licensee may not:  (a) rent, lease, sell, license, sublicense, or otherwise transfer any rights to the Software or related documentation (the “Documentation”) to any other person or entity without the prior written consent of Recursion; (b) permit anyone other than Licensee, (c) modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon the Software or Documentation; (d) copy the Software or Documentation; (e) remove any proprietary notices or labels on the Software or Documentation; (f) cause or allow discovery of, or attempt to derive the Software source code or its equivalent in any way, or (g) use the Software or Documentation for any commercial purpose. Notwithstanding the foregoing, Licensee may make one (1) copy of the Software and Documentation solely for archive or backup purposes.
1.3	Licensee acknowledges that Recursion has, and will from time to time create, other computer software programs that may be based upon or related to the Software and that those other programs are not licensed to Licensee under this Agreement.
1.4	Licensee further acknowledges that Recursion may, at its sole discretion, but without any obligation whatsoever, provide Licensee with  product updates, upgrades and other enhancements for the Software.  If requested by Licensee, Recursion may, at its sole discretion, but without any obligation whatsoever, provide Licensee with telephone support for the Software.
1.5	From time to time as requested by Recursion, Licensee agrees to provide Recursion with a written evaluation of the performance and ease of use of the Software.
2.	WARRANTIES; DISCLAIMERS.
2.1	THE SOFTWARE IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS.  RECURSION MAKES NO, AND EXPRESSLY DISCLAIMS ANY, WARRANTIES WITH RESPECT TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD TITLE, OR SATISFACTORY QUALITY REGARDLESS OF WHETHER IMPOSED BY CONTRACT, STATUTE, COURSE OF DEALING, CUSTOM OR USAGE OR OTHERWISE.
2.2	In the event Licensee discovers actual or potential bugs, errors or other deficiencies, Licensee shall promptly provide Recursion with a report of such discovery.  To the extent that Licensee provides any such information to Recursion, Recursion shall be free to use any such information for any purpose whatsoever and without any accounting to Licensee.  Recursion may, at its option and in its sole discretion, correct any Software errors or bugs confirmed by Recursion.
3.	LIMITATION OF LIABILITY
IN NO EVENT WILL RECURSION BE LIABLE OR OBLIGATED UNDER THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (A) FOR ANY AMOUNTS IN EXCESS OF THE AGGREGATE OF THE LICENSE FEES PAID TO RECURSION UNDER THIS AGREEMENT, OR (B) FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE SOFTWARE, EVEN IF RECURSION HAS BEEN ADVISED, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST BUSINESS REVENUES, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND.  THIS SECTION DOES NOT LIMIT LIABILITY FOR BODILY INJURY.
4.	TRADE SECRETS; PROPRIETARY INFORMATION.
4.1	Licensee acknowledges that (a) Recursion is the owner of all rights, title and interest, including, but not limited to, all trademarks, copyrights, patent rights, and all other proprietary rights in the Software; (b) the Software is confidential in nature and not in the public domain; (c) Recursion claims all intellectual and industrial property rights granted by law therein; and (d) except as set forth in this Agreement, Recursion does not grant any rights to or ownership of the Software to Licensee. Licensee further acknowledges that Recursion retains all right, title and interest in the Software and in all improvements, enhancements, modifications and derivative works of the Software including all rights to patent, copyright, trade secret and trademark.
4.2	Licensee agrees to take all reasonable steps to ensure that unauthorized persons will not have access to any of the Software or Documentation and that all authorized persons having access will refrain from any disclosure, duplication or reproduction of the Software and Documentation except to the extent permitted under this Agreement.
4.3	Licensee agrees to accord the Software and the Documentation and all other confidential information relating to this Agreement the same degree and methods of protection as Licensee generally undertakes with respect to its similar confidential information, trade secrets and other proprietary data.
4.4	Licensee agrees not to challenge, directly or indirectly, any right or interest of Recursion in the Software, nor the validity or enforceability of Recursion's rights under applicable law.  Licensee agrees not to directly or indirectly register, apply for registration or attempt to acquire any legal protection for any of the Software or any proprietary rights in the Software or to take any other action which may adversely affect Recursion's rights or interest in the Software or Documentation in any jurisdiction. 
4.5	Licensee agrees to notify Recursion immediately and in writing of all circumstances, of which Licensee is aware, surrounding the unauthorized possession or use of the Software and Documentation by any person or entity.  Licensee agrees to cooperate fully with Recursion, at Recursion's expense, in any litigation relating to or arising from such unauthorized possession or use.
4.6	Licensee acknowledges that, in the event of a breach by Licensee of its obligations under this Section 4, Recursion may (a) immediately terminate this Agreement, without liability to Licensee; (b) bring an appropriate legal action to enjoin any such breach of this Agreement; and (c) recover from Licensee reasonable attorneys' fees and costs in addition to other appropriate relief. 
5.	TERM; TERMINATION.
5.1	This Agreement shall be for a term of __________________, beginning on the Effective Date.   Notwithstanding the foregoing, this Agreement shall automatically terminate if Licensee is no longer enrolled as a student at an accredited school of secondary education or higher.
5.2	The provisions of Sections 3 and 4 will survive the termination of this Agreement, as will the continuing obligations of the parties under Section 6. 
6.	GENERAL PROVISIONS.
6.1	This Agreement does not create any relationship of association, partnership, joint venture or agency between the parties.  Neither party will have any right or authority to assume, create or incur any liability or obligation of any kind against or in the name of the other party.
6.2	This Agreement sets forth the entire agreement and understanding between the parties with respect to the subject matter in this Agreement.  This Agreement merges all previous discussions and negotiations between the parties and supersedes and replaces any and every other agreement, which may have existed between Recursion and Licensee with respect to the contents of this Agreement.  
6.3	Except to the extent and in the manner specified in this Agreement, any modification or amendment of any provision of this Agreement must be in writing and bear the signature of the duly authorized representative of each party.   
6.4	The failure of either party to exercise any right granted under this Agreement, or to require the performance by the other party of any provision of this Agreement, or the waiver by either party of any breach of this Agreement, will not prevent a subsequent exercise or enforcement of such provisions or be deemed a waiver of any subsequent breach of the same or any other provision of this Agreement.  
6.5	Licensee may not sell, assign or transfer any of its rights, duties or obligations under this Agreement without the prior written consent of Recursion.  Recursion reserves the right to assign or transfer this Agreement or any of its rights, duties and obligations to any direct or indirect subsidiary or affiliate of Recursion. 
6.6	The parties agree that no person or entity who is not a party to this Agreement will be deemed to be a third-party beneficiary or entitled to any rights under this Agreement. 
6.7	All notices, requests, reports, submissions and other communications permitted or required to be given under this Agreement will be deemed to have been duly given if such notice or communication is in writing and sent by personal delivery or by airmail, cable, telegram, telex, facsimile transmission, email or other commercial means of rapid delivery, postage or costs of transmission and delivery prepaid, to the parties at addresses specified below until such time as either party gives the other party not less than ten (10) days' prior written notice of a change of address in accordance with the provisions of this Agreement.
6.8	If any provision of this Agreement is determined by a court of competent jurisdiction to be in violation of any applicable law or otherwise invalid or unenforceable, such provision will to such extent as it is determined to be illegal, invalid or unenforceable under such law be deemed null and void, but this Agreement will otherwise remain in full force and effect. Furthermore, it is the intention of the parties that in lieu of such illegal, invalid, or unenforceable provision, there automatically be added as a part of this Agreement a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable.
6.9	Any disputes or proceedings related or arising out of this Agreement will be governed by and construed in accordance with the substantive laws of the State of Texas, without giving effect to its rules regarding conflicts of law.  The International Convention for the Sale of Goods is expressly disclaimed.  The sole and official language of this Agreement is English.  The parties agree that the exclusive venue for any action arising under this Agreement will be in the state or federal courts located in Dallas, Texas, USA.
6.10	This Agreement may be executed in two (2) or more counterparts, each of which will be considered an original, but all of which together will constitute one and the same instrument.  The exchange of a fully executed Agreement (in counterparts or otherwise) by fax will be sufficient to bind the parties to the terms and conditions of this Agreement.

The parties have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written.

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