This Evaluation License Agreement (“Agreement”) governs your download, installation, copying, transmission, distribution, and use of the evaluation version of the software made available by System & Method A/S, a company organized under the laws of Denmark (“System & Method,” “we,” “us,” or “our”), together with all accompanying files, data, and materials (collectively, the “Software”).

By downloading, installing, copying, transmitting, distributing, or otherwise using the Software, you (“you” or, if you are using the Software on behalf of an organization, that organization) agree to be bound by all of the terms of this Agreement. If you do not agree to any of these terms, do not download, install, copy, transmit, distribute, or use the Software.

Note on naming: this Agreement is referred to as the “Evaluation License Agreement” to distinguish it from the separate License Agreement or Subscription Agreement that governs paid use of the Software after the trial period, as described in Section 9 below.

01. Grant of Evaluation License

Subject to your compliance with this Agreement, System & Method grants you a limited, non-exclusive, non-transferable, revocable license to install and use one copy of the Software solely for the purpose of internally evaluating its features and functionality, for a period of thirty (30) days from the date you first install the Software (the “Evaluation Period”), unless a different evaluation period is agreed with System & Method in writing.

Upon expiration of the Evaluation Period, you must either (a) obtain a paid license or subscription to continue using the Software under a separate License Agreement or Subscription Agreement entered into with System & Method, or (b) immediately cease all use of the Software and destroy or permanently delete all copies of the Software in your possession or control.

02. Redistribution of Evaluation Copies

Subject to the restrictions in this Section 2, and without any payment to System & Method, you may:

1. give exact, unmodified copies of the evaluation version of the Software to other individuals or organizations;
2. distribute exact, unmodified copies of the evaluation version of the Software; and
3. reproduce as many exact copies of the evaluation version of the Software as you reasonably need for the distribution described in items (a) and (b) above.

You may not charge a fee or request a donation of any kind for any copy of the Software distributed under this Section 2, and you may not bundle or distribute such copies together with any other product, commercial or otherwise, without System & Method's prior written permission. System & Method may revoke the redistribution rights granted in this Section 2 at any time, with or without cause and without notice.

03. Ownership and Reserved Rights 

The Software is licensed, not sold, to you. As between you and System & Method, System & Method and its licensors retain all right, title, and interest in and to the Software, including all related intellectual property rights. Except for the limited rights expressly granted in this Agreement, all rights in the Software are reserved to and by System & Method.

You may not, and may not permit any third party to:

1. rent, lease, lend, sell, sublicense, or otherwise transfer or make available the Software to any third party;

2. modify, translate, adapt, or create derivative works based on the Software;

3. reverse engineer, decompile, or disassemble the Software, except and only to the extent that such restriction is prohibited by applicable law notwithstanding this limitation;

4. make the Software available to others in connection with a hosting service, application service provider, managed service, or similar offering; or

5. use the Software to provide services such as presentation, calculation, transformation, conversion, or similar services to third parties for a fee.

There are no third-party beneficiaries of any promises, obligations, or representations made by System & Method in this Agreement.

04. Third-Party and Open-Source Components

The Software may include third-party or open-source components that are licensed to you under separate terms provided with the Software or its documentation. Your use of those components is governed solely by the applicable third-party terms, which may grant you rights in addition to, or impose obligations different from, those in this Agreement.

05. Disclaimer of Warranty

THE SOFTWARE AND ALL ACCOMPANYING FILES, DATA, AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SYSTEM & METHOD DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. GOOD DATA PROCESSING PRACTICE DICTATES THAT ANY PROGRAM BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE BEING RELIED UPON, AND YOU ASSUME THE ENTIRE RISK OF USING THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

06. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SYSTEM & METHOD, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SOFTWARE OR YOUR RELATIONSHIP WITH SYSTEM & METHOD, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF SYSTEM & METHOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SYSTEM & METHOD'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL FEES, IF ANY, PAID BY YOU FOR THE SOFTWARE (WHICH, FOR THE EVALUATION VERSION, IS ZERO). THE FOREGOING LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW.

07. High-Risk Use

System & Method does not authorize you to use the Software in any application or system where a failure of the Software could reasonably be expected to result in significant physical injury, loss of life, or serious environmental or property damage, including without limitation the operation of nuclear facilities, aircraft navigation or communication, air traffic control, life-support systems, or weapons systems. Any such use is entirely at your own risk, and you agree to hold System & Method harmless from any claims or losses relating to such unauthorized use.

08. Compliance with Laws; Export Control

You are responsible for complying with all laws and regulations applicable to your download, installation, use, and distribution of the Software, including applicable export control and economic sanctions laws. You represent that you are not located in, and will not export, re-export, or transfer the Software to, any country, entity, or person subject to an applicable embargo or sanctions regime, and that you are not listed on any applicable restricted-party or denied-persons list.

09. Relationship to a Paid License

If you purchase a license or subscription to the Software following the Evaluation Period, your continued use of the Software will be governed by the applicable License Agreement or Subscription Agreement that you enter into with System & Method, which will govern in place of this Agreement from the date it takes effect.

10. Term and Termination

This Agreement takes effect on the date you first download, install, or use the Software and continues until the earlier of (a) expiration of the Evaluation Period described in Section 1, or (b) termination under this Section 10. System & Method may terminate this Agreement and the license granted under it immediately, without notice, if you breach any term of this Agreement. Upon expiration or termination, you must immediately cease all use of the Software and destroy or permanently delete all copies of the Software in your possession or control. Sections 3, 5, 6, 7, 8, and 12 survive any expiration or termination of this Agreement.

11. Data Collection and Privacy

The Software does not collect license validation, diagnostic, telemetry, or other data during the Evaluation Period. To the extent System & Method processes personal data in connection with the Software, System & Method will do so in accordance with applicable data protection law, including the EU General Data Protection Regulation where it applies.

12. General Provisions

Entire Agreement. This Agreement is the complete and exclusive statement of the agreement between you and System & Method regarding its subject matter, and it merges and supersedes all prior or contemporaneous understandings, purchase orders, agreements, and arrangements, whether oral or written.

1. Governing Law and Venue. This Agreement is governed by the laws of Denmark, without regard to its conflict-of-laws principles. The courts of Denmark have exclusive jurisdiction and are the exclusive venue for any dispute arising out of or relating to this Agreement, and you consent to that jurisdiction and venue.

2. Severability. If any provision of this Agreement is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

3. No Waiver. No failure or delay by System & Method in exercising any right under this Agreement operates as a waiver of that right.

4. Assignment. You may not assign or transfer this Agreement, in whole or in part, without System & Method's prior written consent. System & Method may assign or transfer this Agreement without restriction.

5. Amendment. System & Method may update this Agreement from time to time for future downloads of the Software; the version presented to you at the time you download or install the Software governs your use of that copy.