This Evaluation Agreement (“Agreement”) is a legal agreement between you (the “User”) and Global Graphics Software Limited, with a registered office at Building 2030, Cambourne Business Park, Cambourne, Cambridge CB23 6DW (“Global Graphics”).  This Agreement sets out the terms upon which the Software is licensed to the User.

The User must only install and use the Software in accordance with the terms and conditions of this Agreement. The User is responsible for the installation of the Software and installation must be performed in accordance with the terms of the documentation accompanying the Software.  By installing, loading, copying, storing or otherwise using the Software, the User agrees to be bound by the terms and conditions of this Agreement. If the User does not wish to be bound by the terms and conditions of this Agreement the User should not install, load, copy, store or otherwise use the Software in any circumstances.

1. Definitions

“Software” means a standard version of those Global Graphics’ Mako Core in object code format, source code format or any other appropriate format, including without limitation any related materials and documentation accompanying the Software and any updates to the Software (if any) provided hereunder by Global Graphics.

2. License Grant

(a) Global Graphics grants to the User, at no charge, a non-exclusive, non-transferable licence to use the Software solely for internal testing and evaluation purposes and only in accordance with the terms of this Agreement.

(b) Except as expressly stated herein, the User shall not, distribute, sublicense, sell, display, assign or otherwise transfer the Software.  The User may make one (1) copy of the Software, including any related materials, only for archival and back-up purposes.  The Software may not be modified, decompiled, disassembled or otherwise reverse engineered, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(c) No title to or ownership of the Software is transferred to the User.  All right, title to, and interest in the Software, and any other materials or information provided by Global Graphics hereunder, and any modifications and derivatives thereof, including rights in patents, trademarks, trade secrets, copyrights or other proprietary rights shall remain in Global Graphics and/or any third party from whom Global Graphics has acquired licence rights.

3. Installation, Use and Evaluation

(a) The User is responsible for installing the Software and any updates Global Graphics may provide to the User under this Agreement. The User is responsible for all equipment, services, facilities, and personnel that are necessary for the User to use, test and evaluate the Software.

(b) The User may, at its option, provide Global Graphics with test results and feedback on its opinion and evaluation of the Software detailing any problems encountered, deficiencies noted, and recommendations.  Such communications may be given in writing or by electronic mail, as mutually agreed by the parties.

(c) All reports, test results, and other feedback provided to Global Graphics shall be the property of the User, however, the User grants to Global Graphics a royalty free, perpetual license to use any reports, test results and feedback for any purpose without restriction.  The User may use these reports, test results and feedback for internal purposes only, and may not communicate any of their contents or any opinions concerning the Software to any third party, without the prior written permission of Global Graphics.

4. Confidentiality

The User acknowledges that the Software, whether in source code, object code, generic code or other code form is Global Graphics Confidential Information, and the User agrees to keep confidential and not to disclose the Software, in any form, to any other person or entity or to allow any other person or entity to copy or view such Software.

5. Disclaimer of Warranty and Limitation of Liability

THE USER ACKNOWLEDGES THAT THE SOFTWARE IS LOANED TO THE USER “AS-IS”, THAT THE SOFTWARE MAY CONTAIN DEFECTS, AND THAT GLOBAL GRAPHICS MAKES NO REPRESENTATIONS OR WARRANTY REGARDING ITS USE OR PERFORMANCE. 

GLOBAL GRAPHICS DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

GLOBAL GRAPHICS SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USER’S USE OR POSSESSION OF THE SOFTWARE, INCLUDING LOSS OF DATA, LOSS OF USE, AND LOST PROFITS.  IN NO EVENT SHALL GLOBAL GRAPHICS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF GLOBAL GRAPHICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Termination

(a) The term of this Agreement shall be for a period of thirty (30) days from the date of activation of the Software by the User, unless otherwise terminated as provided herein.  Global Graphics may terminate this Agreement immediately if the User takes any action in derogation of Global Graphics rights hereunder.

(b) Upon expiration or termination of this Agreement the User shall immediately either return to Global Graphics, or erase or destroy, the Software and any written proprietary information furnished to the User, and any copies of any of the foregoing whether in electronic, written, machine-readable, or other form.  The User shall certify in writing to Global Graphics that it has returned, erased or destroyed the foregoing.

(c) Sections 2 (c), 3(c), 4 and 5 will survive termination of this Agreement.

7. Entire Agreement

This Agreement supersedes all prior agreements between the parties whether written or oral concerning the subject matter herein and may not be amended or modified except by written consent of both parties.

8. Governing Law

This Agreement is governed in all respects by the laws of England, and by entering into this Agreement, the parties hereby submit to the exclusive jurisdiction of the Courts of England.

9. Data Protection.

Global Graphics will need to obtain an email address from the User, as well as any other information relevant to this evaluation, in order to provide the User with an evaluation product key. Global Graphics may use this email address, and any other relevant information, to follow up with the User from time to time to discuss the progress of the User’s evaluation. Global Graphics will not use your email address, or any other information we obtain from you pursuant to this evaluation, for any other purpose.  Global Graphics will store your email address, and any other information that may be relevant to this evaluation, securely and shall comply with its obligations under applicable data protection and privacy laws

At any time you may request that Global Graphics does not contact you any further and deletes your email address by emailing privacy-information@globalgraphics.com

If you have any questions/comments about privacy, you should email privacy-information@globalgraphics.com.