MicroEJ Binary Evaluation Test License

WHEREAS

MicroEJ® Corp, with main office at 11 rue du chemin rouge bat D 44373 Nantes France (herein after MicroEJ) holds the copyright, patents and any other intellectual property rights which protect the Binary (the BINARY) or has been properly licensed the rights to integrate and distribute the third party components included in the BINARY under the terms and conditions of this Agreement.

WHEREAS

MicroEJ has developed a Binary File for a specific Hardware device (which is described and named in the datasheet of the BINARY) which is intended to run on such Hardware and You want to use this BINARY for demonstration purpose or make demonstration of the combination of the Hardware with the BINARY. Hardware includes computer PC intended to run the BINARY that can be a simulator demonstration.

WHEREAS

The Binary File is provided for demonstration purpose only, without any right to use the BINARY for any other purpose (such as, but not limited to, the production of a final product that is intended to be sold or used as a tool)

NOW THEREFORE,

in consideration of the premises and the faithful performance of the mutual covenants hereinafter set forth, the parties hereto hereby agree as follows:

This is a legal agreement ("this AGREEMENT") between MicroEJ and You, who want to deploy, and use the BINARY for demonstration purpose only.
This Agreement is governed by the laws of France.
MicroEJ licenses the BINARY only if all the following terms are accepted by You. The BINARY is limited to the BINARY executable bytecode and shall not integrate any other code or bytecode.
For the avoidance of doubt, this AGREEMENT shall not apply to any Plug-In, application, BINARY, driver, documentation, that may be provided by anyone but MicroEJ to You. 
By installing and using the BINARY, You indicate that You have read and understand this AGREEMENT and agree to be bound by its terms and conditions.
If this AGREEMENT is unacceptable to You, You must not download, copy, deploy and use for test the BINARY and You must destroy any copies of the BINARY in Your possession.

1- LICENSE CONDITIONS

1.1 MicroEJ grants You a non-exclusive, free of charge license to install the BINARY and to use it only for the purpose of testing the BINARY, and MicroEJ store services. Any copies of the BINARY should be complete copies including any copyright notices.
1.2 You may not reverse engineer, disassemble, decompile, alter, or translate the BINARY, or otherwise attempt to derive the source code of the BINARY.
1.3 You acknowledge that the BINARY is furnished hereunder for evaluation of MicroEJ software technologies and services and demonstration of MicroEJ software technologies.
1.4 No claims whatsoever can be made on MicroEJ based on any expectation about the BINARY.

2- TERM, TERMINATION AND SURVIVAL

2.1 This AGREEMENT is effective unless terminated as follows:
* You may terminate this AGREEMENT at any time by uninstalling the BINARY and destroying all copies of the BINARY in Your possession.
* If You fail to comply with any term of this AGREEMENT, this AGREEMENT is terminated and You have no further right to use the BINARY.
2.2 Upon termination of this AGREEMENT, You shall have no claim on or arising from the BINARY. The BINARY and any copies shall be destroyed.

3- NO WARRANTY

3.1 The BINARY is licensed to You on an "AS IS" basis.
3.2 You are solely responsible for determining the suitability of the BINARY and accept full responsibility and risks associated with the use of the BINARY.
4- MAINTENANCE AND SUPPORT
4.1 MicroEJ is not required to provide maintenance or support to You under this AGREEMENT.
5- LIMITATION OF LIABILITY
5.1 In no event will MicroEJ be liable for any damages, including but not limited to any loss of revenue, profit, or data, software or Hardware failure, however caused, directly or indirectly, by the BINARY or by this AGREEMENT.

6- DISTRIBUTION AND DUPLICATION AND USE LIMITATION

6.1 Subject to this Agreement, You can deploy the BINARY on a reasonable quantity of Hardware devices solely for the purpose of product testing. Product testing implies that the product is not an END-PRODUCT and, as such, can never be sold, rent, or used as equipment. 
6.2 YOU ACCEPT THAT ALL INFORMATION OBTAINED ABOUT THE BINARY (INCLUDING TEST RESULTS AND BENCHMARKS) MUST BE TREATED AS CONFIDENTIAL.
6.3 In the context of this paragraph, reasonable quantity of Hardware devices can never be higher than thirty (30) units.

Version 1.6, Avril 2020