Data Assistant Trial Download

Software Trial License Agreement

This agreement (hereinafter ‘this Agreement’), governed and construed in accordance with the laws of England and Wales, is for trial and evaluation of Software and made between:

a. Exprodat Consulting Ltd. whose registered office is at 4th Floor, Capital House, 85 King William St, London, EC4N 7BL, United Kingdom (hereinafter ‘Licensor’)

b. Person(s) and company stated in Schedule A below (hereinafter ‘Licensee’)

Licensor and Licensee (hereinafter ‘Party’ or ‘Parties’) agree as follows:

1.1 Definitions

‘Software” means the actual copy of all or any portion of Exprodat’s proprietary software technology, computer software code, components, dynamic link libraries (DLLs), underlying organization, object model, programs delivered on any media, any release provided in source, object, or executable code format(s), inclusive of backups, updates, service packs, patches, sample code, sample applications, sample extensions, sample data, software documentation, help files, user reference documentation, training documentation or technical information for the products as defined in Schedule A below. 

‘Effective Date’ means the date on Licensee completes the form on this web page.

1.2 License

a. Grant of License. Subject to the terms of this License Agreement, Exprodat grants to Licensee a non-exclusive, non-transferable license to use the Software for Licensee’s own internal use only and in accordance with the licensed configuration on file as authorised by Exprodat or its authorised distributor.

b. License Term. The license is effective upon acceptance of this License Agreement and shall continue until (i) such time that Licensee elects in writing to discontinue use of the Software and terminates the license; or (ii) expiration of a term license or subscription. The trial license term is typically 1 month but may vary depending on the licenses provided by Licensor.

c. Technical Support. Licensor will provide support to Licensee users by email and telephone between UK office hours (9am – 5pm). Out of office hours support will be provided on a best-endeavours basis via email.

d. Title to Software. Title to the Software and the intellectual property rights therein is and will remain the property of Licensor and, if applicable, of suppliers of programs built into the Software which permit redistribution. The Software is licensed and not sold. Exprodat and its Licensors reserve all rights not specifically granted in this License Agreement

e. Confidentiality. Licensee acknowledges that the Software is confidential to Licensor and constitutes valuable trade secrets and proprietary information. Licensee shall take all reasonable steps to ensure that the proprietary information contained in the Software is not disclosed, duplicated, misappropriated or used in any manner not expressly permitted by this Agreement.

f. Third Parties and Consultants. Licensee shall not disclose or make available to third parties the Software or any portion thereof, except to consultants evaluating Software on behalf of Licensee, who will be identified in writing to Licensor at the beginning of the trial period. Under no circumstances shall the Licensee allow any third party to take a copy of Software.

g. Beta Testing. Occasionally the Licensor may provide un-released (‘Beta’) versions of the Software for evaluation and review. In such cases the Licensee is prohibited from sharing Software with any outside contractor or consultant hired by the Licensee or any non-Licensee company personnel.

h. Non-competition. Licensee agrees not to allow its employees and/or consultants to use the trial license period for the purpose of developing software which accomplishes the same operations for their internal use or for the purpose of subsequent commercialisation.

i. Images of Software. Images of Licensor software created by Licensee are only for Licensee’s use; Licensee is prohibited from displaying Licensor software images in Licensee presentations without purchasing a license to the Licensor software; furthermore, Licensee is prohibited from exchanging, copying or transferring Licensor software images to other entities without the prior written consent of Licensor.

j. Licensee’s Responsibilities Licensee accepts responsibility for the observance of all restrictions by its employees and consultants. The obligation to treat the Software as confidential shall survive any termination of this Agreement.

k. Termination. Upon termination of a license, Licensee shall uninstall, remove, and destroy all Software, and any whole or partial copies, modifications, or merged portions in any form, unless otherwise agreed by email with Licensor.

1.3 Uses Not Permitted

The following uses of the Software are not permitted.

a. Licensee shall not sell, rent, lease, sublicense, lend or share the Software to any third party.

b. Licensee shall not act as a service bureau or commercial Application Service Provider (ASP) allowing third party access to the Software (i.e. generating revenue by charging for access).

c. Licensee shall not reverse engineer, decompile, or disassemble the Software.

d. Licensee shall not make any attempt to circumvent the technological measures that control access to, or use of, the Software.

e. Licensee shall not redistribute the Software registration number/license authorisation file(s), developer license file(s), or website access codes.

f. Licensee shall not unbundle individual or component parts of the Software for independent use.

g. Educational use Licensee shall not use Software for profit-generating or commercial activities.