Online Demo Terms of Use Agreement

You are requesting to access an "online demonstration" version of Penelope/ Athena (the "product") by Athena Software.net.The Product is the proprietary property of ATHENA SOFTWARE. ATHENA SOFTWARE shall at all times retain the right, title and interest, including all copyrights and intellectual property rights, in and to the Product, including that recorded on the original media and all subsequent copies of the Software, regardless of the form or media in or on which the original or other copies may exist. ATHENA SOFTWARE expressly reserves all rights with respect to the Product not expressly granted by this License Agreement. The Licensee shall acquire no right in or title to the Product other than the license to use the Product as specifically set out herein. The Product is protected by Canadian copyright laws, the Berne Copyright Convention, the Universal Copyright Convention and other intellectual property laws and treaties.

The Licensee agrees that it shall use the Product only as permitted pursuant to this License Agreement, and shall not use it in any unlawful manner whatsoever. The Licensee shall not modify, adapt, translate, reverse engineer,decompile, disassemble, or create derivative works based on the Software, in whole or in part, nor modify, adapt, translate or create derivative works based on the Documentation, in whole or in part, without the prior written consent of ATHENA SOFTWARE. The Licensee agrees not to alter, remove, deface, cover or otherwise obscure any copyright, trademark, patent or otherproprietary rights, notices, and any other markings ATHENA SOFTWARE may have placed in or on any copy of the Software, Printed Materials or storage media, in order that ATHENASOFTWARE’s proprietary rights thereto shall be protected.

The Licensee shall not use, reproduce, or transmit the Software or Documentation to any other party, except as otherwise permitted in this License Agreement. The Licensee shall not assign or sublet the license or any rights granted herein. The Licensee shall not rent, lease, transfer, assign, distribute, sellor otherwise provide access to the Software or Documentation, in whole or in part, on a temporary or permanent basis, except as otherwise expressly permitted by this License Agreement. The Licensee will restrict the use of the Software to the current employees of the LICENSEE organization.

The Licensee acknowledges that any information furnished to or acquired by the Licensee, directly or indirectly, from ATHENA SOFTWARE, including but not limited to, information relating in any way to the Software, the Documentation, the specifications oroperations thereof, or any computer programs or documentation, or any other aspect of ATHENA SOFTWARE’s business (whether or not protected by patent, copyright, trade secret or any otherform of commercial protection) is valuable, proprietary and confidential information of ATHENA SOFTWARE. The Licensee covenants and agrees that all such information shall be kept strictly confidential and shall be treated by the Licensee and any person authorized by the Licensee to have access thereto as being valuable, confidential or proprietary information of ATHENA SOFTWARE. The Licensee acknowledges that any unauthorized disclosure and use of such confidential and proprietary information will cause ATHENA SOFTWARE great and irreparable harm for which damages may not be an adequate remedy. In the event of unauthorized disclosure and use of the confidential and proprietary information, ATHENA SOFTWARE shall, inaddition to any other rights or remedies ATHENA SOFTWARE may have in law or equity under this Agreement and otherwise, be entitled to injunctive relief.

ATHENA SOFTWARE MAKES NO WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED,STATUTORY OR OTHERWISE, WITH RESPECT TO THE PRODUCT PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIIONS OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LICENSEEASSUMES THE ENTIRE RISK AS TO THE USE AND PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY,CURRENTNESS, OR OTHERWISE. IN NO EVENT SHALL ATHENA SOFTWARE, ITS AGENTS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION ORDELIVERY OF THE SOFTWARE AND/OR DOCUMENTATION PROVIDED PURSUANT TO THIS AGGREEMENT BE LIABLE TO THE LICENSEE OR ANY OTHER PERSON ORORGANIZATION FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OFREVENUES OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE ORDOCUMENTATION EVEN IF ATHENA SOFTWARE OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OR SUCH DAMAGE OR CLAIM, OR IT IS FORESEEABLE.

 

Contact us for more information at info@athenasoftware.net or try our free 30-day trial.

 

   
 

 

Athena Software.net | 1.888.826.0811 | info@athenasoftware.net