GENERAL. The programs, documentation, libraries and run-time source code (collectively the "Software") are licensed, not sold, under the terms of this License. The Software is furnished under worldwide floating license agreement. This product may only be used by the maximum number of users specified by the license, at one time. A user is identified by a login account on a particular computer system. A single user is allowed to run any number of licensed executables simultaneously. Each host operating system is licensed separately. The Unlimited License may be used by any number of users on any supported platform. Executable images built with BullseyeCoverage and the BullseyeCoverage run-time library may be used by any number of users at a time. The purchaser may make one backup copy of the Software for safekeeping. Do not reproduce any part of this publication, by any means, without the consent of Bullseye Testing Technology. By using the Software, you accept the terms of this agreement.
USERS: Users are employees, contractual workers or third parties working for or with the Licensee or the Licensees affiliates, divisions or subsidiaries which have been authorized by the Licensee to use the Software.
TERM. Your license is perpetual and non-revocable.
TRANSFERABILITY. Your license is fully transferable.
WARRANTY. Bullseye Testing Technology provides the Software as-is, with no warranties as to the merchantability or fitness for any particular purpose. Bullseye Testing Technology disclaims all other representations, warranties and conditions, either express or implied, outside this agreement.
ANTI-VIRUS WARRANTY. Bullseye Testing Technology represents and warrants that the Software does not contain any code, programming instruction or set of instructions that is intentionally constructed with the ability to damage, interfere with or otherwise adversely affect computer programs, data files, or hardware without the consent and intent of the computer user and the Software does not contain any virus or computer code designed to disable, damage, impair, or erase the Software or other software or data.
LIMITATION OF LIABILITY. Neither you nor Bullseye Testing Technology shall be liable for any special, incidental, indirect, punitive or consequential damages of any kind, or any damages however caused and on any theory of liability (whether in contract, tort, strict liability or otherwise), to the extent permitted by applicable law. The only type of damages that can be recovered against either party arising from or related to this agreement including without limitation in relation to the provision, use, performance or non-performance of the Software or any portion thereof, shall be the parties' direct damages. In no event shall the aggregate liability of either party exceed the amount paid by you for the product that gave rise to the claim, and Bullseye Testing Technology shall only be liable for damages incurred during the period of the failure.
INTELLECTUAL PROPERTY INDEMNITY
SOURCE CODE LICENSE GRANT. Bullseye Testing Technology licenses to Licensee the worldwide, nonexclusive, nontransferable, and perpetual right, but not the obligation, to use, copy and modify the distributed run-time source code to enable the Software to support running on additional platforms, and to compile the run-time source code into object code for such purpose. Bullseye Testing Technology retains ownership of the Software including all intellectual property rights therein. Licensee owns all right, title and interest, including all intellectual property rights therein, in and to those modifications made by Licensee, subject to Bullseye Testing Technology's ownership of the unmodified run-time source Code.
CONFIDENTIALITY. You agree to maintain the Software in strict confidence and not to disclose or provide access thereto to any person except to your employees with a need for access to exercise the license rights conferred hereby.
ENTIRE AGREEMENT. This agreement is the entire agreement for the Software and support services.
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