Software License Agreement

License Grants and Restrictions - Evaluation Use

Subject to the terms of this License, Hyfinity® Limited ("Hyfinity®") grants to you a non-exclusive, non-transferable, license to use the evaluation version of the PxP Intelligent Web Services Platform (the "Software"), in binary object code form for evaluation and trial purposes only. You may use any third party software products or modules supplied by Hyfinity® or other companies with the Software, unless the licensing terms of the third party software products or modules specify otherwise. This license begins upon downloading and ends forty five (45) days thereafter (the "Evaluation Period"). When the license expires you must stop using the Software. You are forbidden from using the Software for Production Use or offering it for resale. All rights not specifically granted to you herein are retained by Hyfinity®.

Disclaimer of Warranty

THE SOFTWARE IS PROVIDED "AS IS." Hyfinity® MAKES NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE, AND Hyfinity® HEREBY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES. Hyfinity® MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SOFTWARE OR ABOUT THE ACCURACY OF ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE.

Limitation on Liability

EVALUATION USE SOFTWARE IS PROVIDED GRATUITOUSLY AND, THEREFORE, Hyfinity® AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING , BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL DAMAGES , PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION) UNDER ANY THEORY OF LIABILITY (INCLUDING TORT CONTRACT, OR ANY OTHER THEORY) WHETHER SUFFERED BY YOU OR ANY OTHER USER OF THE SOFTWARE, OR ANY THIRD PARTY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Software Changes

Hyfinity® reserves the right at any time not to release or to discontinue release of any Software and to alter licensing terms, prices, features, specifications, capabilities, functions, release dates, general availability or other characteristics of the Software.

Ownership

Title, ownership rights, and all intellectual property rights in and to the Software and Documentation shall remain the sole and exclusive property of Hyfinity® and/or its licensors. You agree to abide by the copyright law and all other applicable laws of the United Kingdom. You acknowledge that the Software contains valuable confidential information and trade secrets of Hyfinity® and/or its licensors; therefore, you agree not to modify the Software, create derivative works of, or attempt to decipher, decompile, disassemble or reverse engineer the Software or assist or encourage any third party in doing so.

Non Assignment / Binding License

Neither this License nor any rights under this License may be assigned or otherwise transferred by you, in whole or in part, whether voluntary or by operation of law without the prior written consent of Hyfinity®. Subject to the foregoing, this License will be binding upon and will inure to the benefit of the parties and their respective successors and assigns. Use of Hyfinity's software constitutes an acceptance of the terms of this license. If you do not agree to be bound by these provisions, you should not download this software. Downloading this software constitutes an acceptance of the terms of this license.