This Evaluation Software License Agreement (this “Agreement ) is entered into as of the Effective Date (as set forth below) between XXX and Licensee. This Agreement includes and incorporates this Cover Sheet, the accompanying Terms and Conditions, and any other exhibits or attachments hereto. Any additional or conflicting terms in any purchase order or other response by Licensee shall be deemed objected to without need of further notice of objection, and shall be of no effect or in any way binding upon XXX.
Agreed to and executed by authorized representatives of the parties. 双方授权代表共同签署
TERMS AND CONDITIONS 合约条款
1. Definitions. Capitalized terms not defined herein are defined on the
“Documentation〞 means the published documentation accompanying the Software and Rules.
“Intellectual Property Rights" means all copyright rights, patent rights, trademark rights, trade secret rights, moral rights, rights of publicity, authors′rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all applications therefore and registrations, renewals, continuations, continuations in part and extensions thereof, regardless of whether such rights arise under the law of the United States or any other state, country or jurisdiction.
“Licensed Materials〞 means, collectively, the Software, the Rules, and the Documentation.
“Rules〞 means XXX′s proprietary security coding rules specified on the Cover Sheet.
“Software〞 means the executable form of XXX′s proprietary software specified on the Cover Sheet.