Temporary Use License:
Cityworks and related materials delivered are proprietary to Azteca Systems, LLC and contain intellectual property and trade secrets, inclusive of unpublished specifications. In exchange for the temporary use license granted herein You (“User”) agree to abide by the Agreement terms concerning Cityworks and related materials for the temporary use license. All rights, title, and ownership in patents, trademarks, copyrights, trade secrets, intellectual property, know-how, or any other proprietary rights in Cityworks and related materials remains exclusively with Azteca Systems.
The intended purpose and objective of this temporary use of Cityworks Software and related materials is for the purposes and conditions listed below:
- You will use Cityworks for evaluation, and training purposes only and will have limited use of Cityworks excluding demos, implementations and anything relating to procuring new business.
- You may use the Cityworks Software internally in your organization solely for evaluation and training only.
- You will not utilize Cityworks products and related materials for purposes other than the Permitted Use as outlined in this section. Utilization of Cityworks and related materials for the design and creation of a derivative or competing software product or transferring Cityworks and related materials to a third-party for the creation of a derivative or competing software product, are expressly prohibited.
- You may not modify or adapt the Programs in whole or in part including but not limited to translating or creating derivative works or reverse engineer, de-compile or disassemble the Programs.
- The Agreement may be discontinued at any time for any reason upon notice by Azteca Systems.
- You agree to fully indemnify Azteca Systems for any violation of the terms of this agreement.
- Upon expiration or termination of this Agreement, the rights of use shall immediately terminate.
CITYWORKS AND RELATED MATERIALS ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. USER BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND RELATED MATERIALS PROVIDED.
Azteca Systems and User agree that Cityworks and related materials will be used only for temporary and training use purposes as stated herein. Azteca Systems reserves the right to make any change it deems necessary or desirable to Cityworks and related materials.
Azteca Systems shall not be liable for any loss or damage hereunder, including but not limited to any direct, indirect, special, incidental, loss of profits, or consequential damages related to your use of Cityworks Software and related materials, even if Azteca Systems is advised of the possibility of such damage.
Your usage of the software is deemed a consent to these terms and is subject to the applicable license agreement of party providing or assisting in training or evaluation.