Evaluation License Agreement
Last modified: September 1, 2016
The Feng-GUI Evaluation License Agreement applies between Feng-GUI and the User ("Licensee") of Feng-GUI Web Services platform for evaluation and testing purposes. The Web Services include the Web Services API, Feng-GUI Dashboard and all other web services that we make available to you on the Feng-GUI Web Services-branded web sites accessible from http://www.feng-gui.com and https://service.feng-gui.com, except those web services for which we specifically provide a separate customer agreement.
The Licensee will be provided with one Feng-GUI ID to access Feng-GUI Web Services platform (hereinafter collectively referred to as "Software") for testing and evaluation purposes only. This Agreement shall exclusively set forth any and all rights of the Licensee with regard to the Software. The use of Feng-GUI Web Services is only permitted if the Licensee complies with the terms and conditions set forth in the Feng-GUI Evaluation License Agreement.
Right to Use
The Licensee is hereby granted a non-exclusive and non-transferable license to use the Software for a 30 days evaluation period. For testing and evaluation purposes, Licensee may implement the Software into their environment.
In the event that the Licensee is a reseller, the above mentioned right includes the right to implement the software into third party applications for testing and presentation purposes. Therefore the Licensee is allowed to transfer the granted rights to the third party.
The usage of the Software is limited to 100 sessions or 1,000 transactions within the 30 days evaluation period. A session means the authentication of an application with the Feng-GUI ID. A transaction is, but not limited to, every image analysis. The transaction limit refers to the sum of all requests made during the 30 day evaluation period. In the event that the session or transaction limit has been reached, the Feng-GUI ID will be locked.
The Licensee shall not
* use the software for commercial purposes;
* sell the Software in any way to any third person;
* alter the Software in any way;
* decompile the Software or any part thereof into the source-code or make any other efforts of reengineering or discovering the features of the Software;
* reproduce the Software by any means and in any form, not even as a back-up copy.
* use the software to develop and/or compare with competitive products.
The Licensee acknowledges that these prohibitions include any activities set forth under Copy Rights Act, as the use of the Software is granted exclusively for evaluation purposes. In case the Software provided to the Licensee should not be usable for whatever reason, Feng-GUI will, at its own discretion during the term of this Agreement and at the request of the Licensee, provide another copy of the Software for which the provisions of this Agreement shall apply.
Further, any use of the Software beyond the purpose of evaluation in a business-related context, including but not limited to demonstration, training, and development-related purposes, shall be forbidden and is subject to a separate license Agreement.
During the term of this Agreement, the Licensee is entitled to receive support through e-mail at support feng-gui.com .
The 30 days evaluation license is free of charge as long as the terms and conditions set forth in this Agreement are obeyed. The Licensee will have the option to purchase a License or licenses for commercial use.
Term & Obligations Upon Termination
The term of this Agreement shall be 30 days from the day the Licensee has accepted this Agreement by signing this Agreement or by using the Licensee Feng-GUI ID credentials to log on into Feng-GUI Web Services platform. Upon termination, the Licensee shall immediately destroy any and all copies of the Software received under this Agreement. Upon request of Feng-GUI, the Licensee will confirm in writing that any and all copies of the Software were destroyed.
The right to an earlier termination for cause remains unaffected.
Apart from deliberate damaging action, Feng-GUI is, in addition to the limitations of liability set forth in Feng-GUI's general Terms of Service, in no way liable to the Licensee for (i) any defect of the API, (ii) any lack of expected performance or functionality of the Software, even if mentioned in the Product Description, (iii) imprecision or mistakes in the image analysis, or (iv) any additional work or efforts the Licensee incurs as a result of any amendment to the Software or its functions. In no event is Feng-GUI liable to the Licensee for consequential or indirect damages or lost profits in any way.
The Licensee is liable towards Feng-GUI and will hold Feng-GUI indemnified at all times from any third party claims relating to any infringement with third parties' rights on the website of the Licensee, in which the Software was used, or any other damage of Feng-GUI that may result from any infringement by the Licensee or the Licensee's website with the law, this License Agreement, or the general Terms of Service of Feng-GUI.
This Agreement shall be governed and construed under the laws of Israel.
Should any of the provisions contained herein be invalid or unenforceable, the remaining provisions shall remain unaffected and such provisions shall be replaced by valid and enforceable provisions that meet the economic intentions of the parties.
In addition, Feng-GUI 's general Terms of Service apply.
This License Agreement and the general Terms of Service of Feng-GUI are hereby accepted.