GML SDK Trial Software

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*           Evaluation License Agreement for GML SDK™            *
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This Agreement constitutes the entire agreement between the 
parties covering Licensee’s use of the product.  This Agreement 
replaces and supersedes any prior verbal or written 
understandings, communications, and representations. Licensee 
expressly agrees to be bound by and to respect the terms and 
conditions of this Agreement.

TERMS AND CONDITIONS

Definitions

Unless otherwise defined herein, capitalized terms used herein 
shall have the same meaning as set forth in the Agreement; and 
unless there is something inconsistent in the subject or context, 
words denoting the singular number include the plural and vice 
versa.

“Documentation” means only technical publications relating to the 
use of the GML SDK™, such as a reference, user, installation, 
system administrator, and technical guides, delivered by Galdos 
to Licensee.

“Product” means the object code form of GALDOS’ GML SDK™ computer 
program and associated third party software contained within 
GALDOS’ GML SDK™ (hereinafter referred to as the “Product”).  No 
transfer of ownership of the Product is granted or implied.  The 
Product remains the property of Galdos Systems Inc. or the third 
party software provider.

1. License

Galdos grants Licensee a non-exclusive, nontransferable evaluation 
license to use one copy of the Product.  Any third party software 
products or modules provided by Galdos to Licensee shall be used 
solely with the Galdos Product.

Licensee expressly acknowledges that the Product is being provided 
for evaluation purposes only. No license, right, or interest in 
any Galdos trademark, trade name, or service mark is granted 
hereunder.

2. License Exclusions

Licensee shall NOT:
*  Copy the Product;
*  Modify or merge the Product with other products or 
   applications, including prototypes;
*  Cause or permit reverse compilation or reverse assembly of all 
   or any portion of the Product;
*  Distribute, disclose, market, rent, lease or transfer to any 
   third party any portion of the Product, other than pursuant to 
   any Legal requirement to disclose (in which case, Licensee 
   shall provide written notice to Galdos of the requirement to 
   disclose and shall make such disclosure only to the extent 
   required by such legal requirement) 
*  Disclose the results of Product performance benchmarks to any 
   third party without the prior written consent of Galdos;
*  Export the Product in violation of U.S. Department of Commerce 
   export administration regulations;
*  Invoke support libraries other than through documented API 
   calls.

3. Title and Protection

Galdos (or its third-party providers) retains title to all 
portions of the Product, Galdos represents that the Product 
contains valuable proprietary information, and Licensee shall not 
disclose the Product to anyone other than those of its employees 
or consultants under non-disclosure obligations who have a need 
to know for purposes consistent with this Agreement and/or 
pursuant to any Legal requirement to disclose (in which case, 
Licensee shall provide written notice to Galdos of the 
requirement to disclose and shall make such disclosure only to 
the extent required by such legal requirement).  Licensee shall 
affix, to each full or partial copy of the Product made by 
Licensee, all copyright and proprietary information notices as 
affixed to the original.  The obligations set forth in this 
paragraph shall survive termination of this Agreement.

4. Default and Termination

The following shall constitute an event of default:
*  Licensee fails to perform any of its obligations under the 
   sections entitled “License Exclusions” or “Title and 
   protection”.

5. Limited Warranty

Galdos warrants that it has title to the Product and the authority 
to grant licenses to use the Product.  GALDOS DISCLAIMS ALL OTHER 
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE 
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR 
PURPOSE.

6. Limitation of Liability

GALDOS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR 
CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST DATA OR 
LOST PROFITS, HOWEVER ARISING, EVEN IF IT HAS BEEN ADVISED OF THE 
POSSIBILITY OF SUCH DAMAGES. GALDOS’ LIABILITY FOR DAMAGES UNDER 
THIS AGREEMENT (WHETHER IN CONTRACT OR TORT) SHALL IN NO EVENT 
EXCEED THE AMOUNT PAID BY LICENSEE TO GALDOS FOR THE PRODUCT OR 
THE SERVICE FROM WHICH THE CLAIM AROSE.  THE PARTIES AGREE TO THE 
ALLOCATION OF LIABILITY RISK, WHICH IS SET FORTH IN THIS SECTION.

7. Assignment

Licensee may not assign this Agreement (by operation of law or 
otherwise) or sublicense the Product without the prior written 
consent of Galdos, and any prohibited assignment or sublicense shall 
be null and void.

8. Nondisclosure Obligation

The terms, conditions, pricing, and any other information clearly 
marked “confidential” under this agreement are confidential and 
shall not be disclosed, orally or in writing, by Licensee to any 
third party without the prior written consent of Galdos.

Licensee shall protect the software with at least the same degree 
of care and confidentiality, which Licensee utilizes for similar 
Licensee information, which it does not wish disclosed to the 
public. Licensee may provide access to and use of the Product 
only to those third parties, (undertaking similar nondisclosure 
obligations), providing services concerning Licensee’s use of the 
Product.

9. Governing Law

This Agreement shall be governed by and construed and enforced in 
accordance with the laws of the Province of British Columbia, 
Canada, without regard to any conflict of law provisions, and 
shall be binding upon the parties hereto in Canada and worldwide. 
The parties consent and attorn to the exclusive jurisdiction of 
the federal and provincial courts within the Province of British 
Columbia to adjudicate any dispute arising out of this Agreement. 
The parties agree that the United Nations Convention on Contracts 
for the International Sale of Goods is specifically excluded from 
application to this Agreement.

10. General

The section headings herein are provided for convenience only and 
have no substantive effect on the construction of this Agreement. 
If any provision of this Agreement is held to be unenforceable, 
this Agreement shall be construed without such provision.  The 
failure by a party to exercise any right hereunder shall not 
operate as a waiver of such party’s right to exercise such right 
or any other right in the future.

GML SDK Evaluation license agreement v1.0                    E&OE

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