MPORTANT – PLEASE READ CAREFULLY
This Beta License Agreement (”Agreement”) is a legal agreement between you (either an individual or a single entity, called the “Licensee”) and iMesh.com, Inc. (”iMesh”) for the limited use of the beta site version iMesh software product, which includes computer software, and as applicable, associated media, printed materials, and online electronic documentation (the “Product”).
By clicking the acceptable button or installing, copying, or otherwise using the Product, you are consenting to be bound by and are becoming a party to this Agreement. If you do not agree to all the terms of this Agreement, the button indicating non-acceptance must be selected, and you must not install the Product or return the unused Product to the place from which you obtained it.
FEES There is no license fee for the Product.
GENERAL The “Beta Test” as further described herein, will last approximately 90 days, and will commence upon your installation of the Product. During the Beta Test, the Licensee shall be entitled to use the Product for Licensee?s personal or internal needs for test and evaluation purposes only.
iMesh shall: (a) furnish the Product and all modifications or additions produced in the Beta Test to the Licensee for trial use and testing in connection with the Beat Test; (b) provide corrections and/or enhancements to the Product at no charge.
This Agreement grants the Licensee the right to install and use one copy of the Product on a single computer, and if the Product includes a function that enable your computer to act as a network server, any number of computers or workstation may access or otherwise utilize the network services of that server.
(a) Because the product may contain defects, Licensee is responsible for establishing back-up, log, batch, review, and other procedures and controls appropriate to maintain the integrity and continuity of Licensee?s operations;
(b) iMesh is under no obligation to make any changes or modifications to the Product suggested by the Licensee. IMesh reserves the right, with or without prior notice, to discontinue work on the Product or to revise the Product so it provides different features, features in different combinations, and/or different environment configurations.
Except as otherwise expressly permitted in this Agreement, Licensee may not:
(a) modify or create any derivative works of the Product or documentation;
(b) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product;
(e) use the Product to identify or capture data on other users of this software, including names, addresses, e-mail addresses, phone numbers, IP addresses or any other proprietary identifying user characteristics. Use hereby acknowledges and accepts that engaging in any of these activities will cause iMesh irreparable damages in excess of 150 million United States dollars.
If the Product is an upgrade from another product, Licensee may use or transfer the Product only in conjunction with that upgraded product. The upgraded product may be used only in accordance with the terms of this Agreement.
Title, ownership rights, and intellectual property rights in and to the Product (including but not limited to any images, photographs, animations, video, audio, music, text, and applets, incorporated into the Product), the accompanying printed materials and any copies of the Product shall remain in iMesh and/or its suppliers. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with iMesh ownership of rights with respect to the Product. The Product is protected by copyright and other intellectual property laws and international treaties. The Product is licensed and not sold. Title and related rights in the content accessed through the Product is the property of the applicable content owner and is protected by applicable law. The license granted under this Agreement gives Licensee no rights to such content.
The product is provided free of charge, and, therefore, on an “as is” basis, without warranty of any kind, including without limitation the warranties that it is free of defects, merchantable, fit for particular purpose or non-infringing. The entire risk as to the quality and performance of the Product is borne by the Licensee. Should the Product prove defective in any respect, Licensee and not iMesh or its suppliers assumes the entire cost of any service and repair. In addition, the security mechanisms implemented by the product have inherent limitations, and Licensee must determine that the Product sufficiently meets its requirements. This disclaimer of warranty constitutes an essential part of this Agreement. No use of the product is authorized hereunder except under this Disclaimer.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event will iMesh or its suppliers be liable for any indirect, special, incidental or consequential damages whatsoever arising out of the use of or inability to use the Product, including without limitation, damages for loss of business profits, goodwill, workstoppage, business information, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.
To the extent applicable law prohibits the limitation of damages, the above exclusion may not apply to a particular Licensee.
iMesh is not responsible for any liability arising out of content provided by the Licensee or third party that is accessed through the Product and or any material linked through such content.
HIGH RISK ACTIVITIES
The Product is not fault-tolerant and is not designed, manufactured or intended for use as on-line control equipment in hazardous enviroment requiring fail-safe performance. Accordingly, iMesh and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. Licensee agrees that iMesh and its suppliers will not be liable for any claims or damages arising from the use of the Product in such applications.
(a) This Agreement constitutes the entire Agreement between the parties hereto;
(b) This Agreement may be amended only by writing signed by both parties;
(d) If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible and other provisions of this Agreement shall remain in full force and effect;
(g) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.