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Anonymizer 2004 Beta Test
Thank you for participating in the Anonymizer 2004 Beta Test! Requirements In order to provide the greatest possible level of assistance, please be sure you meet the following criteria: * Microsoft Windows 98/NT 4.0/2000/XP * Microsoft Internet Explorer 5.5 or higher, Netscape 6.x or higher, Mozilla 1.3 or higher, Opera 6.x or higher are supported. * Anonymizer Private Surfing or Privacy Manager must not be running while using Anonymizer 2004 Beta. * Currently, Anonymizer 2004 Beta does not support external proxies. If you have specified a proxy within your browser settings, you will not be able to use the product at this time. By clicking this link, you agree to the following Anonymizer, Inc. Software Evaluation Agreement. Anonymizer, Inc. ("Anonymizer") hereby grants to you ("Licensee") the right, at no charge, to conduct an evaluation of the proprietary software product(s), including any accompanying user documentation, known as Anonymizer 2004, version 1.0 (collectively, "Software"), on the terms set forth in this Agreement. Licensee and Anonymizer hereby agree to the following: 1. _License Grant_. Anonymizer hereby grants Licensee a non-exclusive, non-transferable license to use the Software for the sole purpose of evaluating the Software and only at Licensee's site to which Anonymizer ships the Software. The Software may be used only on a single personal computer. Licensee will provide Anonymizer with feedback on the operation and performance of the Software and acknowledges that Anonymizer may use such feedback to improve the Software without compensation to Licensee. 2. _Proprietary Rights; Restrictions_. Licensee agrees that all Software provided hereunder are copyrighted programs and constitute trade secrets and proprietary information of Anonymizer and/or its licensors, as are all materials provided by Anonymizer in connection with the Software. Licensee acknowledges that Anonymizer retains all title to and ownership of the Software and other materials licensed or provided by Anonymizer as a result of this Agreement. Licensee agrees to keep the Software and such other materials in confidence, and Licensee shall not copy the Software or transfer or disclose the Software to any other person or entity. Licensee shall not reverse assemble, reverse compile, modify or create derivative works of any Software provided hereunder, in whole or in part, or permit any other person to do so. Licensee understands that its license is for an executable version of the Software; Licensee has no right to receive or use any source code of the Software, and Licensee agrees not to attempt to discover any source code or underlying algorithms of the Software. Licensee shall not provide, sell, lease, lend, use for timesharing or service bureau purposes or otherwise allow use of the Software for the benefit of third parties. 3. _Term_. The term of this evaluation license shall be for [60] days from the date of this Agreement. The term of such license and this Agreement may be terminated by Anonymizer in the event that Licensee breaches this Agreement and such breach is incurable or, if curable, is not cured within 5 days after occurrence of such breach. At the end of the evaluation period, Licensee will promptly cease all use of the Software and return to Anonymizer or destroy all related media and documentation provided hereunder. 4. _No Warranties_. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. ANONYMIZER MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL ANONYMIZER OR ANY OF ITS LICENSORS BE LIABLE TO LICENSEE OR TO ANY OTHER PARTY FOR ANY LOSS, INCLUDING BUT NOT LIMITED TO, TIME, MONEY, GOODWILL, DATA OR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE FROM USE OF THE SOFTWARE, EVEN IF ANONYMIZER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Anonymizer makes no representation or warranty of the accuracy, safety or usefulness of the Software, or that the Software is error free or will meet Licensee's requirements. 5. _General_. Licensee's rights to the Software may not be assigned, sublicensed or otherwise transferred by Licensee. This Agreement is the entire understanding of the parties with respect to the subject matter hereof, supersedes any prior understandings or agreements, whether oral or written, and may not be modified or waived without the written consent of the party purporting to have consented to such modification or waiver. This Agreement shall be interpreted under the laws of the State of California* *without giving effect to its conflict of laws principles. _In the event of any dispute between the parties to this Agreement, the prevailing party shall be entitled to recover attorneys' fees and costs of suit from the other party in addition to such other relief as may be granted._ Paragraphs 2 through 5 shall survive termination or expiration of this Agreement.** |