Bevywise Networks–EULA

Evaluation / FREE License:

In limited situations, Bevywise may make available the Software in object code form to end users only for evaluation, training or other limited non-commercial purposes without charging a license fee (“Evaluation License”) (i.e) The software bundle is FREE to use for personal use only.

Other than this, no express or right of any kind is granted to user and user shall not charge, or allow others to charge, any third party for access and use of the Software; or directly or indirectly use the Software to generate revenue or otherwise commercially exploit the Software. The user has no rights to sell or redistribute the application built over the FREE licensed software to any third party on a commercial or non commercial purpose.

Where Arista has provided an Evaluation License, all of the terms of this End User License Agreement shall apply except for the above requirement to pay a license fee.

General Limitations:

Except as otherwise expressly provided under this Agreement, Customer shall have no right and Customer specifically agrees not to:

• Transfer, assign or sublicense its license rights to any other person, or use the Software on unauthorized and any such attempted transfer, assignment or sublicense shall be void;
• Make error corrections to or otherwise modify Software, or to permit third parties to do the same; or
• Decompile, decrypt, reverse engineer, disassemble or otherwise reduce the Software to human readable form to gain access to trade secrets or confidential information in the Software.

To the extent required by law, at Customer’s request, Bevywise shall provide Customer with the interface information needed to achieve interoperability between the Software and another independently created program, on payment of Bevywise’s applicable fee. Customer shall observe strict obligations of confidentiality with respect to such information.

Usage Restriction:

The products purchased from the Bevywise should be solely used for the purpose it is intended for and should not be used for any unlawful purpose.

Upgrades and Additional Copies:

For purposes of this Agreement, “Software” shall include (and the terms and conditions of this Agreement shall apply to) any upgrades, updates, bug fixes or modified versions (collectively, “Upgrades”) or backup copies of the Software licensed or provided to Customer by Bevywise or an authorized Bevywise reseller or distributor for which Customer has paid the applicable license fees.

Notwithstanding any Other provision of this agreement:

• Customer has no license or right to use any such additional copies or upgrades unless customer, at the time of acquiring such copy or upgrade, already holds a valid license to the original software and has paid the applicable fee for the upgrade;
• Use of upgrades is limited to arista equipment for which customer is the original end user purchaser or lessee or who otherwise holds a valid license to use the software which is being upgraded; and (3) use of additional copies is limited to backup purposes only.

Limitation of Responsibility:

You will indemnify, hold harmless, and defend Bevywise, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Bevywise’s Software.

In no event (including, without limitation, in the event of negligence) will Bevywise, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, the Software of Bevywise or the use or inability to use the software or the furnishing, performance or use of any other matters here under whether based upon contract, tort or any other theory including negligence.

Bevywise’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Bevywise) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Bevywise.

Warranties:

Except as expressly stated in writing, Bevywise makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose. To Know more, visit limited warranty page.

Governing Law:

This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

Termination:

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Software purchased from Bevywise and destroy all copies of Software supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

Disclaimer of Warranty:

This software and the accompanying files are sold “as is” and without warranties as to performance or merchantability or any other warranties whether expressed or implied. This disclaimer concerns all files generated and edited by the software of Bevywise as well.

Consent of Use of Data:

You agree that Bevywise may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to its Software, Bevywise may also use this information to provide notices to you which may be of use or interest to you.