Please review the Evaluation License Agreement below. You must accept these terms before accessing the Tychon evaluation software.
Evaluation License Agreement
TYCHON Enterprise Endpoint Management Platform, TYCHON Quantum Readiness, TYCHON Agentless, TYCHON Data Management Node and Tactical TYCHON
EVALUATION LICENSE AGREEMENT
This TYCHON Enterprise Endpoint Management Platform, TYCHON Quantum Readiness, TYCHON Agentless, TYCHON Data Management Node and Tactical TYCHON Evaluation License Agreement (“Agreement”) is entered into by and between Tychon, LLC (“Company”) and Licensee. In addition to these references as Company and Licensee, the parties to this Agreement hereafter may also be referred to individually as a “Party,” and collectively as “Parties.”
BY YOUR INSTALLATION, ACCESS OR USE OF THE COMPANY SOFTWARE ON BEHALF OF LICENSEE, YOU AFFIRM YOU HAVE READ AND CONFIRM YOUR AGREEMENT WITH THE TERMS SET FORTH BELOW. YOU ALSO AFFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LICENSEE TO COMPLIANCE WITH THE TERMS HEREUNDER, INCLUDING ALL OBLIGATIONS HEREUNDER. AMONG OTHER THINGS, THIS MEANS, IF YOU ARE A DESIGNATED USER REGISTERING FOR A GOVERNMENT LICENSE/ACCOUNT, YOU MUST BE A BONA FIDE EMPLOYEE OF OR INDEPENDENT CONTRACTOR TO THE GOVERNMENT ENTITY IN WHOSE NAME THE LICENSE/ACCOUNT IS HELD AND BE AUTHORIZED TO REGISTER UNDER THE NAME OF THE GOVERNMENT ENTITY. IF YOU DO NOT HAVE THE LEGAL AUTHORITY TO CONTRACT AND BIND THE LICENSEE, DO NOT INSTALL, COPY, ACCESS OR USE THE COMPANY SOFTWARE.
IF LICENSEE DOES NOT AGREE TO THESE TERMS:
• DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE COMPANY SOFTWARE, AND
• PROMPTLY RETURN THE COMPANY SOFTWARE AND PROOF OF THE ENTITLEMENT TO IT TO THE PARTY FROM WHOM LICENSEE ACQUIRED THEM.
1. LICENSE GRANT. Subject to all the terms of this Agreement, Company hereby grants a limited, one-time, non-exclusive, non-transferable, non-sublicenseable and royalty-free license to install and operate the machine-readable, executable version of Company’s proprietary application software (“Software”) further specified in Exhibit A solely for internal evaluation purposes on computer systems owned, operated or under the supervision and control of Licensee for a period of up to 90 DAYS during the term of this agreement from the date of Licensee’s first installation of the Software ("Evaluation Period"). The term of this agreement is 12 months beginning on the effective date unless terminated sooner in accordance with the provisions contained herein. Licensee may use the Software and associated documentation only for internal evaluation purposes (and not for production use) as specified in Exhibit A and solely in accordance with applicable documentation provided by Company.
2. LICENSEE OBLIGATIONS. Licensee will not use the Software for production use or any purposes beyond the scope of the licenses granted in this Agreement and will not authorize or permit use of the Software by persons other than authorized users employed by the Licensee. Without limiting the generality of the foregoing, Licensee hereby agrees that it shall not: (i) reverse compile, reverse engineer, disassemble, unobfuscate, reformat, or otherwise attempt to read or make readable the source code (or the underlying ideas, algorithms, structure or organization) of the Software, in whole or in part; (ii) modify the Software or create any derivative work based on the Software; (iii) combine or integrate the Software with hardware, software or technology not provided to Licensee by Company hereunder (provided that use of the standard application programming interface of the Software, as contemplated in the documentation, will not be considered to violate the foregoing); (iv) make copies of the Software; (iv) rent, lease, sell, sublicense, or grant a security interest in, or otherwise transfer any rights in the Software; (v) remove or alter any marks or proprietary notices or labels contained in the Software; (vi) use the Software in any manner that violates any intellectual property or privacy rights of any third party or of Company; or (vii) use the Software in any manner that violates any applicable international, federal, state or local law or regulation.
3. WARRANTY. THE SOFTWARE, THE DOCUMENTATION, AND ANY RELATED SERVICES PROVIDED BY COMPANY IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND. COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, THE DOCUMENTATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, TITLE, NON-INFRINGEMENT AND/OR QUIET ENJOYMENT, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY OR ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, OR COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION. COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. THE SOFTWARE IS PROVIDED GRATUITOUSLY AND, THEREFORE, COMPANY SHALL NOT BE LIABLE OR OBLIGATED TO YOU OR ANY OTHER PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE NATURE OF THE CLAIM OR UNDER ANY THEORY OF LIABILITY WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. THE CUMULATIVE LIABILITY OF COMPANY TO LICENSEE FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT THEN-PAID TO COMPANY BY LICENSEE UNDER SECTION 1 DURING THE TWELVE (12)-MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT, ACT OR OMISSION GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. LICENSEE ACKNOWLEDGES THAT COMPANY’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF LICENSEE ONLY.
4. OWNERSHIP. Subject to the rights granted herein by the License Grant in Section 1, Company retains all right, title and interest in and to the Software, the documentation and all associated intellectual property rights, including, without limitation, all copyrights, trademarks, patents, trade secrets, proprietary and other intellectual property rights contained in or associated with the Software, all copies thereof, and all enhancements or modifications thereto. Licensee acknowledges that it neither owns nor acquires any rights in any of the foregoing not expressly granted by this Agreement. Licensee further acknowledges that Company retains the right to use the Software for any purpose in its sole discretion and that Company will not be obligated to provide any further license for the Software after the evaluation hereunder or as a result of having offered the evaluation hereunder. Company reserves all rights not expressly granted in this Agreement.
5. CONFIDENTIALITY (a) Confidentiality. Licensee acknowledges that the Software, documentation, and services constitute and incorporate confidential and proprietary information developed or acquired by or licensed to Company and are hereby defined as “Confidential Information”. Licensee will take all reasonable precautions necessary to safeguard the confidentiality of the Confidential Information, including at a minimum those taken by Licensee to protect its own confidential information.
(b) Disclosure. Licensee will not disclose, in whole or in part, the Confidential Information, or any other information that has been designated as confidential to any individual, entity or other person, except to those of Licensee's employees or consultants who require access for Licensee’s authorized use of the Software for evaluation, provided such consultants agree in writing to comply with the use and non-disclosure restrictions applicable to the Confidential Information under this Agreement. Licensee acknowledges that any unauthorized use or disclosure of the Confidential Information may cause irreparable damage to Company. Company agrees to treat any information, designated in writing as proprietary, which it receives from Licensee ("Licensee Information") as it would treat the Confidential Information of Company.
(c) Limitation. Neither Company nor Licensee will have any confidentiality obligation with respect to any portion of the Confidential Information that: (i) the receiving party knew or independently developed before receiving such Confidential Information or Licensee Information under this Agreement; (ii) the receiving party lawfully obtained from a third party under no confidentiality obligation before receiving such Confidential Information or Licensee Information under this Agreement; (iii) became available to the public other than as a result of any act or omission by the receiving party or any of receiving party's employees or consultants; or (iv) which is requested pursuant to a judicial or government request, requirement or order under law, provided that the receiving party provides the other party with sufficient prior notice to the extent practicable in order to contest such request, requirement or order or to seek protective measures.
6. TERMINATION. The license granted hereunder shall terminate at the earliest of (i) the end of the specified Evaluation Period, if any; (ii) immediately upon your failure to comply with all of the terms and limitations described herein; or (iii) immediately upon written notice of termination by Company, with or without cause. Upon termination for any reason, you shall remove and delete all copies of the Software in Licensee’s environment and verify this action in writing to Company. Sections 2, 3, 4, 5, 6, 7 and 8 shall survive any termination or expiration of this Agreement or the license granted hereunder.
7. GOVERNING LAW. This Agreement shall be construed and governed by and interpreted in accordance with the laws of the Commonwealth of Virginia, excluding any conflicts of laws principles. For any licensee that is a department or agency of the US Government, this Agreement shall be construed and governed by and interpreted in accordance with the laws of the United States; however for such a licensee, in the absence of applicable federal law requiring that this Agreement be construed and governed by and interpreted in accordance with the laws of the United States and to the extent permitted by federal law, this Agreement shall be construed and governed by and interpreted in accordance with the laws of the Commonwealth of Virginia, excluding any conflicts of laws principles.
8. MISCELLANEOUS (a) All notices or approvals required or permitted under this Agreement must be given in writing. Any terms and conditions of any unilateral letter, memorandum, purchase order or other writing issued by Licensee shall not be binding on Company.
(b) Licensee shall not assign any of its rights or delegate any of its duties hereunder without the prior written consent of Company, and, absent such consent, any attempted assignment or delegation shall be null, void and of no effect.
(c) Except as otherwise provided by federal law, in the event of a breach of this Agreement, monetary damages may not be a sufficient remedy, and Company shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief (without posting of a bond) as may be deemed proper by a court of competent jurisdiction.
(d) If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.
(e) The failure of Company to require your performance of any provision herein shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Company of a breach of any provision herein be taken or held to be a waiver of the provision itself.
(f) Company waives any and all entitlement to compensation for software, documentation, and services provided or performed under this Agreement. It is Company’s intent that this Agreement be in compliance with applicable laws and regulations with respect to gratuitous services. It is specifically understood that all software, documents and services provided under this Agreement to a Government department or agency are for the sole benefit and use of the Government department or agency and are not provided to or for the benefit of any individual government employee for his or her personal use. Company may use any technical information it derives from providing services related to the software or documentation for problem resolution, troubleshooting, product functionality enhancements and fixes, for its knowledge base. Company agrees not to identify the Licensee or disclose any of its confidential information in any item in the knowledge base.
(g) Company may provide gratuitous services to Licensee to assist Licensee in the evaluation of the software. The scope and staffing of the services to be provided by Company shall be at Company’s sole discretion.
(h) All rights not expressly granted in this Agreement are reserved. Additionally, Licensee may not incorporate, contribute or otherwise combine Company’s software, documentation or developments with any software or other materials that require as a condition of use, modification, and/or distribution of Company’s software, documentation or services (either in whole or in part).
(i) This Agreement sets forth the entire agreement and understanding between the Parties hereto with respect to the subject matter hereof and, except as specifically provided herein, supersedes and merges all prior oral and written agreements, discussions and understandings between the Parties with respect to the subject matter hereof, and neither of the Parties shall be bound by any conditions, inducements or representations other than as expressly provided for herein. No terms or provisions or any purchase order or similar document provided by or on behalf of Licensee shall be binding on Company.
EVALUATION LICENSE AGREEMENT
This TYCHON Enterprise Endpoint Management Platform, TYCHON Quantum Readiness, TYCHON Agentless, TYCHON Data Management Node and Tactical TYCHON Evaluation License Agreement (“Agreement”) is entered into by and between Tychon, LLC (“Company”) and Licensee. In addition to these references as Company and Licensee, the parties to this Agreement hereafter may also be referred to individually as a “Party,” and collectively as “Parties.”
BY YOUR INSTALLATION, ACCESS OR USE OF THE COMPANY SOFTWARE ON BEHALF OF LICENSEE, YOU AFFIRM YOU HAVE READ AND CONFIRM YOUR AGREEMENT WITH THE TERMS SET FORTH BELOW. YOU ALSO AFFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LICENSEE TO COMPLIANCE WITH THE TERMS HEREUNDER, INCLUDING ALL OBLIGATIONS HEREUNDER. AMONG OTHER THINGS, THIS MEANS, IF YOU ARE A DESIGNATED USER REGISTERING FOR A GOVERNMENT LICENSE/ACCOUNT, YOU MUST BE A BONA FIDE EMPLOYEE OF OR INDEPENDENT CONTRACTOR TO THE GOVERNMENT ENTITY IN WHOSE NAME THE LICENSE/ACCOUNT IS HELD AND BE AUTHORIZED TO REGISTER UNDER THE NAME OF THE GOVERNMENT ENTITY. IF YOU DO NOT HAVE THE LEGAL AUTHORITY TO CONTRACT AND BIND THE LICENSEE, DO NOT INSTALL, COPY, ACCESS OR USE THE COMPANY SOFTWARE.
IF LICENSEE DOES NOT AGREE TO THESE TERMS:
• DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE COMPANY SOFTWARE, AND
• PROMPTLY RETURN THE COMPANY SOFTWARE AND PROOF OF THE ENTITLEMENT TO IT TO THE PARTY FROM WHOM LICENSEE ACQUIRED THEM.
1. LICENSE GRANT. Subject to all the terms of this Agreement, Company hereby grants a limited, one-time, non-exclusive, non-transferable, non-sublicenseable and royalty-free license to install and operate the machine-readable, executable version of Company’s proprietary application software (“Software”) further specified in Exhibit A solely for internal evaluation purposes on computer systems owned, operated or under the supervision and control of Licensee for a period of up to 90 DAYS during the term of this agreement from the date of Licensee’s first installation of the Software ("Evaluation Period"). The term of this agreement is 12 months beginning on the effective date unless terminated sooner in accordance with the provisions contained herein. Licensee may use the Software and associated documentation only for internal evaluation purposes (and not for production use) as specified in Exhibit A and solely in accordance with applicable documentation provided by Company.
2. LICENSEE OBLIGATIONS. Licensee will not use the Software for production use or any purposes beyond the scope of the licenses granted in this Agreement and will not authorize or permit use of the Software by persons other than authorized users employed by the Licensee. Without limiting the generality of the foregoing, Licensee hereby agrees that it shall not: (i) reverse compile, reverse engineer, disassemble, unobfuscate, reformat, or otherwise attempt to read or make readable the source code (or the underlying ideas, algorithms, structure or organization) of the Software, in whole or in part; (ii) modify the Software or create any derivative work based on the Software; (iii) combine or integrate the Software with hardware, software or technology not provided to Licensee by Company hereunder (provided that use of the standard application programming interface of the Software, as contemplated in the documentation, will not be considered to violate the foregoing); (iv) make copies of the Software; (iv) rent, lease, sell, sublicense, or grant a security interest in, or otherwise transfer any rights in the Software; (v) remove or alter any marks or proprietary notices or labels contained in the Software; (vi) use the Software in any manner that violates any intellectual property or privacy rights of any third party or of Company; or (vii) use the Software in any manner that violates any applicable international, federal, state or local law or regulation.
3. WARRANTY. THE SOFTWARE, THE DOCUMENTATION, AND ANY RELATED SERVICES PROVIDED BY COMPANY IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND. COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, THE DOCUMENTATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, TITLE, NON-INFRINGEMENT AND/OR QUIET ENJOYMENT, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY OR ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, OR COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION. COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. THE SOFTWARE IS PROVIDED GRATUITOUSLY AND, THEREFORE, COMPANY SHALL NOT BE LIABLE OR OBLIGATED TO YOU OR ANY OTHER PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE NATURE OF THE CLAIM OR UNDER ANY THEORY OF LIABILITY WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. THE CUMULATIVE LIABILITY OF COMPANY TO LICENSEE FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT THEN-PAID TO COMPANY BY LICENSEE UNDER SECTION 1 DURING THE TWELVE (12)-MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT, ACT OR OMISSION GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. LICENSEE ACKNOWLEDGES THAT COMPANY’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF LICENSEE ONLY.
4. OWNERSHIP. Subject to the rights granted herein by the License Grant in Section 1, Company retains all right, title and interest in and to the Software, the documentation and all associated intellectual property rights, including, without limitation, all copyrights, trademarks, patents, trade secrets, proprietary and other intellectual property rights contained in or associated with the Software, all copies thereof, and all enhancements or modifications thereto. Licensee acknowledges that it neither owns nor acquires any rights in any of the foregoing not expressly granted by this Agreement. Licensee further acknowledges that Company retains the right to use the Software for any purpose in its sole discretion and that Company will not be obligated to provide any further license for the Software after the evaluation hereunder or as a result of having offered the evaluation hereunder. Company reserves all rights not expressly granted in this Agreement.
5. CONFIDENTIALITY (a) Confidentiality. Licensee acknowledges that the Software, documentation, and services constitute and incorporate confidential and proprietary information developed or acquired by or licensed to Company and are hereby defined as “Confidential Information”. Licensee will take all reasonable precautions necessary to safeguard the confidentiality of the Confidential Information, including at a minimum those taken by Licensee to protect its own confidential information.
(b) Disclosure. Licensee will not disclose, in whole or in part, the Confidential Information, or any other information that has been designated as confidential to any individual, entity or other person, except to those of Licensee's employees or consultants who require access for Licensee’s authorized use of the Software for evaluation, provided such consultants agree in writing to comply with the use and non-disclosure restrictions applicable to the Confidential Information under this Agreement. Licensee acknowledges that any unauthorized use or disclosure of the Confidential Information may cause irreparable damage to Company. Company agrees to treat any information, designated in writing as proprietary, which it receives from Licensee ("Licensee Information") as it would treat the Confidential Information of Company.
(c) Limitation. Neither Company nor Licensee will have any confidentiality obligation with respect to any portion of the Confidential Information that: (i) the receiving party knew or independently developed before receiving such Confidential Information or Licensee Information under this Agreement; (ii) the receiving party lawfully obtained from a third party under no confidentiality obligation before receiving such Confidential Information or Licensee Information under this Agreement; (iii) became available to the public other than as a result of any act or omission by the receiving party or any of receiving party's employees or consultants; or (iv) which is requested pursuant to a judicial or government request, requirement or order under law, provided that the receiving party provides the other party with sufficient prior notice to the extent practicable in order to contest such request, requirement or order or to seek protective measures.
6. TERMINATION. The license granted hereunder shall terminate at the earliest of (i) the end of the specified Evaluation Period, if any; (ii) immediately upon your failure to comply with all of the terms and limitations described herein; or (iii) immediately upon written notice of termination by Company, with or without cause. Upon termination for any reason, you shall remove and delete all copies of the Software in Licensee’s environment and verify this action in writing to Company. Sections 2, 3, 4, 5, 6, 7 and 8 shall survive any termination or expiration of this Agreement or the license granted hereunder.
7. GOVERNING LAW. This Agreement shall be construed and governed by and interpreted in accordance with the laws of the Commonwealth of Virginia, excluding any conflicts of laws principles. For any licensee that is a department or agency of the US Government, this Agreement shall be construed and governed by and interpreted in accordance with the laws of the United States; however for such a licensee, in the absence of applicable federal law requiring that this Agreement be construed and governed by and interpreted in accordance with the laws of the United States and to the extent permitted by federal law, this Agreement shall be construed and governed by and interpreted in accordance with the laws of the Commonwealth of Virginia, excluding any conflicts of laws principles.
8. MISCELLANEOUS (a) All notices or approvals required or permitted under this Agreement must be given in writing. Any terms and conditions of any unilateral letter, memorandum, purchase order or other writing issued by Licensee shall not be binding on Company.
(b) Licensee shall not assign any of its rights or delegate any of its duties hereunder without the prior written consent of Company, and, absent such consent, any attempted assignment or delegation shall be null, void and of no effect.
(c) Except as otherwise provided by federal law, in the event of a breach of this Agreement, monetary damages may not be a sufficient remedy, and Company shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief (without posting of a bond) as may be deemed proper by a court of competent jurisdiction.
(d) If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.
(e) The failure of Company to require your performance of any provision herein shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Company of a breach of any provision herein be taken or held to be a waiver of the provision itself.
(f) Company waives any and all entitlement to compensation for software, documentation, and services provided or performed under this Agreement. It is Company’s intent that this Agreement be in compliance with applicable laws and regulations with respect to gratuitous services. It is specifically understood that all software, documents and services provided under this Agreement to a Government department or agency are for the sole benefit and use of the Government department or agency and are not provided to or for the benefit of any individual government employee for his or her personal use. Company may use any technical information it derives from providing services related to the software or documentation for problem resolution, troubleshooting, product functionality enhancements and fixes, for its knowledge base. Company agrees not to identify the Licensee or disclose any of its confidential information in any item in the knowledge base.
(g) Company may provide gratuitous services to Licensee to assist Licensee in the evaluation of the software. The scope and staffing of the services to be provided by Company shall be at Company’s sole discretion.
(h) All rights not expressly granted in this Agreement are reserved. Additionally, Licensee may not incorporate, contribute or otherwise combine Company’s software, documentation or developments with any software or other materials that require as a condition of use, modification, and/or distribution of Company’s software, documentation or services (either in whole or in part).
(i) This Agreement sets forth the entire agreement and understanding between the Parties hereto with respect to the subject matter hereof and, except as specifically provided herein, supersedes and merges all prior oral and written agreements, discussions and understandings between the Parties with respect to the subject matter hereof, and neither of the Parties shall be bound by any conditions, inducements or representations other than as expressly provided for herein. No terms or provisions or any purchase order or similar document provided by or on behalf of Licensee shall be binding on Company.