Pre-Release SaaS License Terms
These license terms are an agreement between KNODE Inc. and you relating to a pre-release KNODE SaaS product. Please read them carefully.
By clicking "Accept" or logging in, you are agreeing to these terms. If you do not accept them, do not click "Accept" or log in.
If you comply with these license terms, you have the rights below.
- USE RIGHTS. A maximum of ten (10) users may use the software within your organization.
- TERM. The term of this agreement is until December 31, 2014, or commercial release of the software, whichever is first; however, either party may terminate this agreement and the license granted immediately upon written notice to the other party.
- PRE-RELEASE SOFTWARE. This software is a pre-release version. It may not work correctly or the way a final version of the software will. KNODE may change it for the final, commercial version, including, but not limited to, adding or removing features or data. KNODE also may elect not to release a commercial version.
- FEEDBACK. If you give feedback about the software to KNODE, you give to KNODE, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You will not give feedback that is subject to a license that requires KNODE to license its software or documentation to third parties because KNODE includes your feedback in the software. These rights survive this agreement.
- DATA USAGE. If you provide KNODE with researcher or organization information, you give to KNODE, without charge, the right to use, share and commercialize this information in any way and for any purpose (see also Privacy Statement). This right to use does not authorize KNODE to sell or otherwise make available such information to third parties for marketing or solicitation purposes, but you understand and acknowledge that KNODE may permit other users to access this information. These rights survive this agreement.
- CONFIDENTIAL INFORMATION. The software is confidential and proprietary to KNODE and its suppliers.
- Use. For five (5) years after you agree to the terms of this license or the software’s commercial release, whichever is first, you may not disclose confidential information to third parties. You may disclose confidential information only to your employees and consultants who need to know the information. You must have written agreements with them that protect the confidential information at least as much as this agreement.
- Survival. Your duty to protect confidential information survives this agreement.
- Exclusions. You may disclose confidential information in response to a judicial or governmental order. You must first give written notice to KNODE to allow it to seek a protective order or otherwise protect the information. Confidential information does not include information that
- becomes publicly known through no wrongful act;
- you received from a third party who did not breach confidentiality obligations to KNODE or its suppliers; or
- you developed independently.
- SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. KNODE reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
- disclose the results of any benchmark tests of the software to any third party on any media, including but not limited to blogs or video clips, without KNODE’s prior written approval;
- work around any technical limitations in the software without KNODE’s prior written approval;
reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
- publish or otherwise provide to unauthorized persons the hosting link or logon credentials;
- copy or publish any data or search results from the system;
- rent, lease, lend or otherwise commercialize the software; or
- transfer the software or this agreement to any third party.
- EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
- SUPPORT SERVICES. Because this software is provided "as is," KNODE may not provide support services for it.
- ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates and support services that you use, are the entire agreement for the software and support services and supersedes and replaces any prior agreement between you and KNODE regarding its subject matter.
- GOVERNING LAW. The construction, interpretation and performance of this agreement, and the transactions under it, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflict of laws and choice of law rules, and jurisdiction over any action to enforce this agreement, or any dispute arising from or relating to this agreement shall subsist solely in the state and/or federal courts located within the Commonwealth of Massachusetts.
- DISCLAIMER OF WARRANTY. The software is licensed "as-is" for evaluation and testing purposes only. You bear the risk of using it. YOU UNDERSTAND THAT THE SOFTWARE IS EXPERIMENTAL AND THAT KNODE DOES NOT WARRANT THE SOFTWARE IN ANY WAY, INCLUDING BUT NOT LIMITED TO PERFORMANCE OR FEATURES OF THE SOFTWARE OR CORRECTNESS OF DATA OR SEARCH RESULTS. KNODE gives no express warranties, guarantees or conditions. KNODE excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE.
- LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from KNODE and its suppliers only direct damages up to U.S. $1.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
It also applies even if KNODE knew or should have known about the possibility of the damages.
- anything related to the software, hosting environment, services, content (including code and data) on third party Internet sites, or third party programs; and
- claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
These pre-release license terms may be superseded by other written agreements executed between KNODE and your organization.