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FOUNDRY PRE-RELEASE AGREEMENT FOR KANOVA
THE FOLLOWING PRE-RELEASE AGREEMENT (“AGREEMENT”) IS BETWEEN YOU AND THE FOUNDRY VISIONMONGERS LTD INCORPORATED AND REGISTERED IN ENGLAND AND WALES WITH COMPANY NUMBER 4642027 WHOSE REGISTERED OFFICE IS AT 5 GOLDEN SQUARE, LONDON, W1F 9HT (“FOUNDRY”) AND CONSTITUTE A LEGAL AGREEMENT THAT GOVERNS YOUR USE OF FOUNDRY’S ALPHA, BETA, AND OTHER PRE-RELEASE VERSIONS OF, THE SOFTWARE PROGRAM CURRENTLY KNOWN AS “KANOVA”, AND ALL RELATED DOCUMENTATION, MATERIALS, AND INFORMATION (COLLECTIVELY REFERRED TO AS THE “SOFTWARE”). YOU MUST AGREE TO THIS AGREEMENT BEFORE YOU CAN USE THE SOFTWARE. YOU AGREE TO THIS AGREEMENT BY: A) ACTUALLY USING THE SOFTWARE, AND/OR B) AGREEING TO THIS AGREEMENT BY CLICKING “I AGREE” BELOW. IF YOU DO NOT AGREE TO ANY OF THE FOLLOWING TERMS, PLEASE DO NOT USE THE SOFTWARE. YOU SHOULD PRINT OR OTHERWISE SAVE A COPY OF THIS AGREEMENT FOR YOUR RECORDS
1. Participation. Foundry makes the Software available to certain participants from time to time for the purpose of providing Foundry with feedback on the quality and usability of the Software. You understand and agree that participation is voluntary and does not create a legal partnership, agency, or employment relationship between you and Foundry. You understand that your participation does not obligate Foundry to provide you with any Software. Foundry reserves the right to modify the terms, conditions, and policies of any pre-release program from time to time, and to revoke your participation in this pre-release testing at any time. If Foundry makes changes to the terms and conditions of this Agreement, then Foundry will present such revised terms and conditions via Steam.
2. Licence & Restrictions. Subject to your compliance with this Agreement, Foundry hereby grants you a personal, non-transferable, non-exclusive, non-sublicensable, royalty free, limited term licence to use the Software during the term of this Agreement solely for the purposes of evaluating and testing the Software. You may not (and may not permit any third party to): (i) reverse engineer, decompile, or disassemble the Software; (ii) distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or any portion of the Software to any other person without the prior written consent of Foundry; (iii) remove, alter, or obscure any proprietary notices, labels, or marks from the Software; (iv) modify, translate, adapt, arrange, or create derivative works based on the Software for any purpose (unless otherwise agreed in writing by Foundry); (v) use the Software for competitive analysis, or commercial, professional or other for-profit purposes, (vi) utilise any equipment, device, software or other means designed to circumvent or remove any usage restrictions, or to enable functionality disabled by Foundry; and/or (vii) export or re-export the Software in any form. The prohibitions contained in this clause apply to the fullest extent permitted by applicable law. You may make such copies of the Software as are necessary to evaluate the Software, but you may not make any back-up or archival copies and may not load all or any part of the Software on any computer other than your systems without prior written agreement from Foundry.
3. Duration. The Software is licensed to you on a limited basis until the earlier of: (a) the expiry of any license period specified by Foundry in writing via Steam at the time of download; (b) your purchase of a license to the commercial release of the Software; and (c) termination of this Agreement in accordance with Clause 4. On termination, you will cease all use of the Software and return or destroy the Software and all other Confidential Information in your possession or control.
4. Termination. You may terminate this Agreement at any time, for any reason by ceasing all use of the Software and returning or destroying the Software and all other Confidential Information in your possession or control. Foundry may terminate this Agreement at any time, with or without cause, immediately upon notice (either direct to you or general notification via Steam). Following termination of this Agreement, the restrictions of clause 2, and clauses 4-14, inclusive, will continue to bind the parties.
5. No Warranty. You acknowledge that the Software is a pre-release version, does not represent a final product, and may contain bugs, errors and other defects or deficiencies that may cause system failures and which may not be corrected by Foundry. ACCORDINGLY, THE SOFTWARE IS PROVIDED “AS IS” AND NO REPRESENTATIONS, CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND ARE GIVEN IN RESPECT OF THE SOFTWARE, AND ALL STATUTORY WARRANTIES AND CONDITIONS ARE EXCLUDED TO THE FULLEST EXTENT POSSIBLE. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL USE THE SOFTWARE AT YOUR OWN RISK. Foundry expressly disclaims any warranty, express or implied, regarding the Software, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement and any warranties arising by statute or otherwise in law, or from a course of dealing or usage or trade. Foundry specifically disclaims and does not warrant that the Software will meet your requirements.
6. Liability Limitation. Save for death or personal injury caused by Foundry's negligence, Foundry will have no liability of any kind in any circumstances whatever to you or any third party in respect of the Software. IN PARTICULAR, FOUNDRY SHALL HAVE NO LIABILITY IN ANY CIRCUMSTANCES WHATEVER FOR ANY LOST PROFITS, INCIDENTAL OR CONSEQUENTIAL DAMAGES, DATA LOSS OR CORRUPTION (EVEN IF FOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). YOU BEAR ALL RISKS OF PERFORMANCE OF THE SOFTWARE AND AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR PROTECTING YOUR DATA DURING EVALUATION OF THE SOFTWARE AND ASSUMING THE COST OF ANY CORRECTION REQUIRED TO YOUR SYSTEMS AS A RESULT OF OR IN CONNECTION WITH USE OF THE SOFTWARE.
7. No obligation to release. You acknowledge that Foundry will have no obligation to release any product or make available any service based on the Software provided under this Agreement. The Software may undergo significant changes prior to release of the corresponding generally available final version, if any, as Foundry may determine in its discretion.
8. No Support and Maintenance. During your participation in any Software evaluation or testing pursuant to this Agreement, Foundry is not obligated to provide you with any maintenance, technical or other support for the Software. If Foundry agrees, in its discretion, to provide any support or maintenance, you agree to abide by any support terms issued by Foundry in order to receive such support.
9. Confidentiality. In consideration of the disclosure by Foundry to you of the Software and any information related thereto including the existence, features and capabilities of the Software (whether existing or planned) and any related commercially sensitive, business, technical or financial information relating to the Software or Foundry (“Confidential Information”), you undertake that you will respect and preserve the confidentiality of the Confidential Information after the date of such disclosure. You will not without the prior written consent of Foundry: (i) communicate or otherwise make available the Confidential Information to any third party; or (ii) use the Confidential Information itself for any purpose other than the internal evaluation and testing of the Software; or (iii) copy, adapt, or otherwise reproduce the Confidential Information save as strictly necessary for the purposes of this Agreement. You may disclose the Software and Confidential Information or any part thereof, with the prior consent of Foundry, to any of your employees who needs access to the Software and the Confidential Information in connection with this Agreement. You agree to ensure, before such disclosure, that the employee in question is made aware of the confidential nature of the Software and Confidential and that he/she is bound by conditions of secrecy no less strict than those set out in this Agreement. You agree to monitor the use of the Software and Confidential Information by these employees and to enforce their obligations of confidence at the request of Foundry.
The obligations contained in this clause will not apply, or will cease to apply, to such part of the Confidential Information as you can show to the reasonable satisfaction of Foundry: (a) has become public knowledge other than through your or your employee’s breach of this Agreement, to whom it has been disclosed in accordance with this Agreement; or (b) was already known to you prior to disclosure to you by Foundry; or (c) has been received from a third party who neither acquired it in confidence from Foundry, nor owed Foundry a duty of confidence in respect of it. On termination of this Agreement, you will return to Foundry or destroy (at Foundry’s discretion) all copies of all or any part of the Confidential Information together with all analyses, studies and other materials produced by you which are derived from, contain or could reveal, all or any part of the Confidential Information.
10. Property Rights. Foundry owns the Software, Confidential Information and all related documentation. You acknowledge that disclosure to you of Confidential Information and use by you of the Software shall not confer on you any intellectual property or other rights in relation to the Software or the Confidential Information other than the right to use the Software subject to an in accordance with the terms of this Agreement. Ownership of all complete or partial copies of the Software and related documentation will at all times remain with Foundry. If you propose or make any modifications, corrections or enhancements to the Software pursuant to this Agreement, you hereby assign to Foundry all right, title and interest thereto, without further compensation. For avoidance of doubt, this Agreement does not change the ownership of any and all intellectual property rights: (i) owned by you as at the date on which you agree to this Agreement and/or (ii) developed independently by you without access to the Software and/or Confidential Information. In using the Software, you may provide certain comments, suggestions, input, ideas, data, or other information to Foundry relating to the Software or proposed product specifications thereof (collectively "Feedback"). You hereby grant Foundry the worldwide, exclusive, transferable, perpetual, irrevocable, royalty-free, fully paid-up rights to (a) make, use, copy, modify, and create derivative works of the Feedback as part of or in connection with any product, technology, service, content, material, specification or documentation of Foundry (including, without limitation, in connection with the marketing or sale thereof); (b) to publicly make available, display, distribute, license, offer to sell and sell, rent, or lend copies of the Feedback (and derivative works thereof and improvements thereon); and (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, without additional compensation to you. If a third party notifies you of any claim that the use of the Software infringes any right of a third party, you agree to immediately notify Foundry. If any such claim is made to you or Foundry, you will, at Foundry's request, immediately cease use of the Software. If Foundry is unable to allow you to continue evaluation of the Software, the provisions of clause 4 (Termination) will apply.
11. No Export. You agree that you will not export or re-export any of the Software or Confidential Information received from Foundry except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (i) into any U.S. embargoed countries or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You certify that the Software will only be used for evaluation and testing purposes, and will not be rented, sold, leased, sublicensed, assigned, or otherwise transferred. Further, you certify that you will not transfer or export any product, process or service that is a direct product of the Software.
12. Third Party Software & Information. Portions of the Software may include third party software and other copyrighted material. Acknowledgements, licensing terms, and disclaimers for such material may be contained in the Software, and your use of such material is governed by such respective terms. Mention of third parties and third party products in any materials, advertising, promotions or coupons provided to pre-release participants is for informational purposes only and constitutes neither an endorsement nor a recommendation. All third party product specifications and descriptions are supplied by the respective vendor or supplier, and Foundry shall have no responsibility with regard to the selection, performance, or use of these vendors or products. All understandings, agreements, or warranties, if any, take place directly between the vendors and the prospective users.
13. Privacy Policy. Any data collected pursuant to this Agreement by Foundry will be treated in accordance with Foundry’s Privacy & Cookies Policy as may be amended from time to time and available from www.foundry.com.
14. General. You confirm that you are authorised to enter into this Agreement and to be bound by them. You may not vary this Agreement unless such variation is in writing and signed by Foundry. Foundry may vary this Agreement at any time by notice (either direct to you or general notification via Steam) This Agreement and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the law of England and Wales. However, Foundry may enforce your obligation of confidentiality in the courts of any jurisdiction having competence to issue a directly enforceable injunction. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. This Agreement and any additional Foundry software product licenses accompanying the Software, constitutes the entire agreement with respect to the matters set out herein and supersedes all prior or contemporaneous oral or written agreements concerning such matters. Except to the extent provided in this Agreement, any inconsistencies between this Agreement and any end-user license agreement accompanying Foundry software products will be governed by the license agreement accompanying Foundry software products.
© Foundry 2018
THE FOLLOWING PRE-RELEASE AGREEMENT (“AGREEMENT”) IS BETWEEN YOU AND THE FOUNDRY VISIONMONGERS LTD INCORPORATED AND REGISTERED IN ENGLAND AND WALES WITH COMPANY NUMBER 4642027 WHOSE REGISTERED OFFICE IS AT 5 GOLDEN SQUARE, LONDON, W1F 9HT (“FOUNDRY”) AND CONSTITUTE A LEGAL AGREEMENT THAT GOVERNS YOUR USE OF FOUNDRY’S ALPHA, BETA, AND OTHER PRE-RELEASE VERSIONS OF, THE SOFTWARE PROGRAM CURRENTLY KNOWN AS “KANOVA”, AND ALL RELATED DOCUMENTATION, MATERIALS, AND INFORMATION (COLLECTIVELY REFERRED TO AS THE “SOFTWARE”). YOU MUST AGREE TO THIS AGREEMENT BEFORE YOU CAN USE THE SOFTWARE. YOU AGREE TO THIS AGREEMENT BY: A) ACTUALLY USING THE SOFTWARE, AND/OR B) AGREEING TO THIS AGREEMENT BY CLICKING “I AGREE” BELOW. IF YOU DO NOT AGREE TO ANY OF THE FOLLOWING TERMS, PLEASE DO NOT USE THE SOFTWARE. YOU SHOULD PRINT OR OTHERWISE SAVE A COPY OF THIS AGREEMENT FOR YOUR RECORDS
1. Participation. Foundry makes the Software available to certain participants from time to time for the purpose of providing Foundry with feedback on the quality and usability of the Software. You understand and agree that participation is voluntary and does not create a legal partnership, agency, or employment relationship between you and Foundry. You understand that your participation does not obligate Foundry to provide you with any Software. Foundry reserves the right to modify the terms, conditions, and policies of any pre-release program from time to time, and to revoke your participation in this pre-release testing at any time. If Foundry makes changes to the terms and conditions of this Agreement, then Foundry will present such revised terms and conditions via Steam.
2. Licence & Restrictions. Subject to your compliance with this Agreement, Foundry hereby grants you a personal, non-transferable, non-exclusive, non-sublicensable, royalty free, limited term licence to use the Software during the term of this Agreement solely for the purposes of evaluating and testing the Software. You may not (and may not permit any third party to): (i) reverse engineer, decompile, or disassemble the Software; (ii) distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or any portion of the Software to any other person without the prior written consent of Foundry; (iii) remove, alter, or obscure any proprietary notices, labels, or marks from the Software; (iv) modify, translate, adapt, arrange, or create derivative works based on the Software for any purpose (unless otherwise agreed in writing by Foundry); (v) use the Software for competitive analysis, or commercial, professional or other for-profit purposes, (vi) utilise any equipment, device, software or other means designed to circumvent or remove any usage restrictions, or to enable functionality disabled by Foundry; and/or (vii) export or re-export the Software in any form. The prohibitions contained in this clause apply to the fullest extent permitted by applicable law. You may make such copies of the Software as are necessary to evaluate the Software, but you may not make any back-up or archival copies and may not load all or any part of the Software on any computer other than your systems without prior written agreement from Foundry.
3. Duration. The Software is licensed to you on a limited basis until the earlier of: (a) the expiry of any license period specified by Foundry in writing via Steam at the time of download; (b) your purchase of a license to the commercial release of the Software; and (c) termination of this Agreement in accordance with Clause 4. On termination, you will cease all use of the Software and return or destroy the Software and all other Confidential Information in your possession or control.
4. Termination. You may terminate this Agreement at any time, for any reason by ceasing all use of the Software and returning or destroying the Software and all other Confidential Information in your possession or control. Foundry may terminate this Agreement at any time, with or without cause, immediately upon notice (either direct to you or general notification via Steam). Following termination of this Agreement, the restrictions of clause 2, and clauses 4-14, inclusive, will continue to bind the parties.
5. No Warranty. You acknowledge that the Software is a pre-release version, does not represent a final product, and may contain bugs, errors and other defects or deficiencies that may cause system failures and which may not be corrected by Foundry. ACCORDINGLY, THE SOFTWARE IS PROVIDED “AS IS” AND NO REPRESENTATIONS, CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND ARE GIVEN IN RESPECT OF THE SOFTWARE, AND ALL STATUTORY WARRANTIES AND CONDITIONS ARE EXCLUDED TO THE FULLEST EXTENT POSSIBLE. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL USE THE SOFTWARE AT YOUR OWN RISK. Foundry expressly disclaims any warranty, express or implied, regarding the Software, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement and any warranties arising by statute or otherwise in law, or from a course of dealing or usage or trade. Foundry specifically disclaims and does not warrant that the Software will meet your requirements.
6. Liability Limitation. Save for death or personal injury caused by Foundry's negligence, Foundry will have no liability of any kind in any circumstances whatever to you or any third party in respect of the Software. IN PARTICULAR, FOUNDRY SHALL HAVE NO LIABILITY IN ANY CIRCUMSTANCES WHATEVER FOR ANY LOST PROFITS, INCIDENTAL OR CONSEQUENTIAL DAMAGES, DATA LOSS OR CORRUPTION (EVEN IF FOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). YOU BEAR ALL RISKS OF PERFORMANCE OF THE SOFTWARE AND AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR PROTECTING YOUR DATA DURING EVALUATION OF THE SOFTWARE AND ASSUMING THE COST OF ANY CORRECTION REQUIRED TO YOUR SYSTEMS AS A RESULT OF OR IN CONNECTION WITH USE OF THE SOFTWARE.
7. No obligation to release. You acknowledge that Foundry will have no obligation to release any product or make available any service based on the Software provided under this Agreement. The Software may undergo significant changes prior to release of the corresponding generally available final version, if any, as Foundry may determine in its discretion.
8. No Support and Maintenance. During your participation in any Software evaluation or testing pursuant to this Agreement, Foundry is not obligated to provide you with any maintenance, technical or other support for the Software. If Foundry agrees, in its discretion, to provide any support or maintenance, you agree to abide by any support terms issued by Foundry in order to receive such support.
9. Confidentiality. In consideration of the disclosure by Foundry to you of the Software and any information related thereto including the existence, features and capabilities of the Software (whether existing or planned) and any related commercially sensitive, business, technical or financial information relating to the Software or Foundry (“Confidential Information”), you undertake that you will respect and preserve the confidentiality of the Confidential Information after the date of such disclosure. You will not without the prior written consent of Foundry: (i) communicate or otherwise make available the Confidential Information to any third party; or (ii) use the Confidential Information itself for any purpose other than the internal evaluation and testing of the Software; or (iii) copy, adapt, or otherwise reproduce the Confidential Information save as strictly necessary for the purposes of this Agreement. You may disclose the Software and Confidential Information or any part thereof, with the prior consent of Foundry, to any of your employees who needs access to the Software and the Confidential Information in connection with this Agreement. You agree to ensure, before such disclosure, that the employee in question is made aware of the confidential nature of the Software and Confidential and that he/she is bound by conditions of secrecy no less strict than those set out in this Agreement. You agree to monitor the use of the Software and Confidential Information by these employees and to enforce their obligations of confidence at the request of Foundry.
The obligations contained in this clause will not apply, or will cease to apply, to such part of the Confidential Information as you can show to the reasonable satisfaction of Foundry: (a) has become public knowledge other than through your or your employee’s breach of this Agreement, to whom it has been disclosed in accordance with this Agreement; or (b) was already known to you prior to disclosure to you by Foundry; or (c) has been received from a third party who neither acquired it in confidence from Foundry, nor owed Foundry a duty of confidence in respect of it. On termination of this Agreement, you will return to Foundry or destroy (at Foundry’s discretion) all copies of all or any part of the Confidential Information together with all analyses, studies and other materials produced by you which are derived from, contain or could reveal, all or any part of the Confidential Information.
10. Property Rights. Foundry owns the Software, Confidential Information and all related documentation. You acknowledge that disclosure to you of Confidential Information and use by you of the Software shall not confer on you any intellectual property or other rights in relation to the Software or the Confidential Information other than the right to use the Software subject to an in accordance with the terms of this Agreement. Ownership of all complete or partial copies of the Software and related documentation will at all times remain with Foundry. If you propose or make any modifications, corrections or enhancements to the Software pursuant to this Agreement, you hereby assign to Foundry all right, title and interest thereto, without further compensation. For avoidance of doubt, this Agreement does not change the ownership of any and all intellectual property rights: (i) owned by you as at the date on which you agree to this Agreement and/or (ii) developed independently by you without access to the Software and/or Confidential Information. In using the Software, you may provide certain comments, suggestions, input, ideas, data, or other information to Foundry relating to the Software or proposed product specifications thereof (collectively "Feedback"). You hereby grant Foundry the worldwide, exclusive, transferable, perpetual, irrevocable, royalty-free, fully paid-up rights to (a) make, use, copy, modify, and create derivative works of the Feedback as part of or in connection with any product, technology, service, content, material, specification or documentation of Foundry (including, without limitation, in connection with the marketing or sale thereof); (b) to publicly make available, display, distribute, license, offer to sell and sell, rent, or lend copies of the Feedback (and derivative works thereof and improvements thereon); and (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, without additional compensation to you. If a third party notifies you of any claim that the use of the Software infringes any right of a third party, you agree to immediately notify Foundry. If any such claim is made to you or Foundry, you will, at Foundry's request, immediately cease use of the Software. If Foundry is unable to allow you to continue evaluation of the Software, the provisions of clause 4 (Termination) will apply.
11. No Export. You agree that you will not export or re-export any of the Software or Confidential Information received from Foundry except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (i) into any U.S. embargoed countries or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You certify that the Software will only be used for evaluation and testing purposes, and will not be rented, sold, leased, sublicensed, assigned, or otherwise transferred. Further, you certify that you will not transfer or export any product, process or service that is a direct product of the Software.
12. Third Party Software & Information. Portions of the Software may include third party software and other copyrighted material. Acknowledgements, licensing terms, and disclaimers for such material may be contained in the Software, and your use of such material is governed by such respective terms. Mention of third parties and third party products in any materials, advertising, promotions or coupons provided to pre-release participants is for informational purposes only and constitutes neither an endorsement nor a recommendation. All third party product specifications and descriptions are supplied by the respective vendor or supplier, and Foundry shall have no responsibility with regard to the selection, performance, or use of these vendors or products. All understandings, agreements, or warranties, if any, take place directly between the vendors and the prospective users.
13. Privacy Policy. Any data collected pursuant to this Agreement by Foundry will be treated in accordance with Foundry’s Privacy & Cookies Policy as may be amended from time to time and available from www.foundry.com.
14. General. You confirm that you are authorised to enter into this Agreement and to be bound by them. You may not vary this Agreement unless such variation is in writing and signed by Foundry. Foundry may vary this Agreement at any time by notice (either direct to you or general notification via Steam) This Agreement and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the law of England and Wales. However, Foundry may enforce your obligation of confidentiality in the courts of any jurisdiction having competence to issue a directly enforceable injunction. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. This Agreement and any additional Foundry software product licenses accompanying the Software, constitutes the entire agreement with respect to the matters set out herein and supersedes all prior or contemporaneous oral or written agreements concerning such matters. Except to the extent provided in this Agreement, any inconsistencies between this Agreement and any end-user license agreement accompanying Foundry software products will be governed by the license agreement accompanying Foundry software products.
© Foundry 2018