Copyright (c) 2023, Perforce Software, Inc. All rights reserved. BY INSTALLING OR DOWNLOADING THE SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS END USER LICENSE AGREEMENT (THE "LICENSE AGREEMENT"), AND IT LEGALLY BINDS YOU AND YOUR EMPLOYER (COLLECTIVELY THE "LICENSEE"), AND PERFORCE SOFTWARE, INC., A DELAWARE CORPORATION ("PERFORCE"), TO THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT (INCLUDING ANY TERMS, CONDITIONS, AND RESTRICTIONS CONTAINED IN ANY ORDER RELATING TO THE SOFTWARE). IF THE LICENSEE DOES NOT ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT THEN DO NOT DOWNLOAD, INSTALL, OR OTHERWISE USE THE SOFTWARE. THE RIGHT TO USE THE SOFTWARE IS CONDITIONAL UPON ACCEPTANCE OF THE LICENSE AGREEMENT, UNLESS THE LICENSEE HAS ENTERED INTO A WRITTEN AND DULY SIGNED LICENSE AGREEMENT WITH PERFORCE, IN WHICH CASE SUCH SIGNED LICENSE AGREEMENT WILL GOVERN THE LICENSEE'S USE OF THE SOFTWARE. 1. Certain Defined Terms. For purposes hereof, the terms provided below, when used anywhere in this License Agreement with initial capital letters, will have the respective meanings as set forth below: 1.1 "Authorized User" shall mean an employee or third-party agent of Licensee who is assigned a unique and fixed user account to consume one license to use the Software licensed under this License Agreement on a single server, or on multiple servers, regardless of whether such individual is actively using the Software at any given time. A non-human operated device, or automated process, will be counted as an Authorized User in addition to all individuals authorized to use the Software licensed under this License Agreement if such devices can access such Software. 1.2 "Background Job" is a software program that uses, or accesses, the Software's server, either by means of Perforce's client programs or the Perforce client API, to perform automated tasks. 1.3 "Software" means the machine-readable object code of Perforce's Helix Core computer software programs, and the then-current printed and digital user manual(s), instructions, on- line help files, and technical documentation for such computer software program(s) made available by Perforce (collectively, the "Documentation"), for which Licensee has paid the applicable license fees, and any modified or updated versions of any of the foregoing made available to Licensee pursuant to Licensee's purchase of either a time-based license or Software Support for a perpetual license, under the same terms and conditions. The Software does not include any third-party software products that may be embedded in or bundled with the Software, which such products are separately licensed by the copyright holder. 1.4 "Software Support" means technical support and maintenance services for the Software licensed under this License Agreement as described in Perforce's then-current Software Support policy available on Perforce's website, and any new releases to the Software for which Licensee is paying the Software Support fee. 2. Grant of License; Restrictions. 2.1 Grant of License. In consideration of Licensee's payment of the license fee, and subject to the terms and conditions of this License Agreement, Perforce grants to Licensee a limited, non-sub licensable, non-exclusive, non-transferable, fully-paid (upon payment of the applicable fees), time-based or perpetual (as is indicated in the ordering document or invoice) license for Licensee's Authorized Users to: (a) install and use the Software ordered by Licensee in accordance with the Documentation for Licensee's own direct internal business purposes, and subject to any limitation on use specified in this License Agreement; (b) install and use the Documentation solely in conjunction with and in support of Licensee's licensed use of the Software; and (c) make the number of exact copies of the Software as required for archival and back-up purposes, and a reasonable number of copies of the Documentation to support the licensed number of users, provided that each copy of the Software and the Documentation retains all copyright and other proprietary notices included in the original copy provided by Perforce to the Licensee. Perforce hereby reserves all rights in and to the Software that are not specifically granted by this License Agreement. 2.2 Restrictions on License Grant. Except as expressly provided in Section 2.1 above, Licensee will not, either directly or indirectly, cause, instruct, direct, or permit any other party to: (a) reverse engineer, translate, disassemble, decompile, sell, rent, lease, manufacture, adapt, create derivative works from, or otherwise modify or distribute the Software or the Documentation, or any part thereof; (b) attempt to discover the source code of the Software, nor permit any third party to do so; (c) copy, in whole or in part, the Software or the Documentation; (d) delete any copyright, trademark, patent or other notices of proprietary rights of Perforce or other parties as they appear anywhere in or on the Software or Documentation; or (e) tamper with, or attempt to tamper with, or circumvent or disable, or attempt to circumvent or disable, any license key or other limiting function delivered with the Software, or otherwise attempt to gain access to functionality or capacity that is not validly licensed by Licensee. Licensee will not remove or otherwise alter any proprietary notices or labels from the Software, Documentation, or any portion thereof. 2.3 Restrictions on License Use. All Software licensed under the terms of this License Agreement will be licensed under one of the following licensing subtypes. (a) Named License. In the case of named licenses for the Software (each a "Named License"), each Authorized User of Licensee (each, a "Named User") will be assigned a unique and fixed user account to consume one license to use the Software licensed under this License Agreement on a single server, or on multiple servers, regardless of whether such individual is actively using the Software at any given time. The Named User who is assigned a Named License will have full access to the functionality of the Software. (b) Bot User License. In the case of a bot user license for the Software (a "Bot User License"), the Authorized User has limited access to the functionality of the Software (a "Bot User"). The Bot User assigned a Bot User License is only permitted to schedule and run "Background Jobs" in connection with the use of the Software and does not have access to any Graphical User Interfaces ("GUI") within the Software. A single Bot User License may be used to run multiple Background Jobs, but the Licensee must acquire the number of Bot User Licenses equal to the number of unique Bot Users it requires (e.g., to provide for traceability and security). Any use of the Bot User License for any other purpose than as set forth in this Section 2.3(b) will be a material breach of this License Agreement. (c) Git Only License. In the case of a Git only user license (a "Git Only License"), the Authorized User has limited access to the functionality of the Software (the "Git Only User"). The Git Only User assigned a Git Only License is restricted to interactions within the Software to contents that are stored in depots of the type, "graph," "spec," and "upload," and the Git Only User holding a Git Only License is not permitted to access any other functionality of the Software, including, without limitation, the Helix Artifacts functionality. Any use of the Git Only License for any other purpose than as set forth in this Section 2.3(c) will be a breach of this License Agreement. (d) Helix Artifacts Only License. In the case of a Helix Artifacts only user license (a "Helix Artifacts Only License"), the Authorized User has limited access to the functionality of the Software ("Helix Artifacts User"). The Helix Artifacts User assigned a Helix Artifacts Only License is restricted to interactions with the Software either through the Artifacts API, or through the Artifacts web interface, and the Helix Artifacts User holding a Helix Artifacts Only License is not permitted to access any other functionality of the Software, including, without limitation, the functionality available to a holder of a Git Only License. Any use of the Helix Artifacts Only License for any other purpose than as set forth in this Section 2.3(d) will be a breach of this License Agreement. (e) Git + Helix Artifacts Only License. In the case of a Git and Helix Artifacts license (a "Git + Helix Artifacts License"), the Authorized User has limited access to the functionality of the Software (the "Git + Helix Artifacts Only User"). The Git + Helix Artifacts Only User assigned a Git + Helix Artifacts Only License has access to the functionality set forth in Sections 2.3(c) and 2.3(d) above. Any use of the Git + Helix Artifacts Only License for any other purpose than as set forth in this Section 2.3(e) will be a breach of this License Agreement. (f) No Shared Use of Any of the License Types. A separate license is required for each Authorized User and may not be shared. Any of the licenses referenced in Sections 2.3 (a) – (e) above that are assigned to an Authorized User to access the Software may not be reassigned other than for the permanent transfer of such license to another Authorized User if the current Authorized User is no longer authorized to have access to the Software. 2.4 Third Party Agents. Licensee will be fully responsible for the compliance with the terms and conditions of this License Agreement by third parties who are delivering services to Licensee pursuant to a written contract with Licensee, and any breach of this License Agreement by a third-party agent will be deemed to be a breach by Licensee. 2.5 Compliance with Laws; Export Control. Licensee agrees to comply fully with all applicable laws, statutes, regulations, rules, ordinances, codes, and standards relating to any export controls and economic sanctions laws of the United States or abroad. Accordingly, any use, transshipment, or diversion of the Software contrary to applicable export control laws or sanctions laws is prohibited. 2.6 Federal Government End Use Provisions. Perforce may provide the Software for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Software include only those rights customarily provided to the public as defined in this License Agreement. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Computer Software), and the Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not conveyed under these terms, it must negotiate with Perforce to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights. 2.7 Verification. Upon providing Licensee with ten (10) days' advance written notice, Perforce may review Licensee's use of the Software to verify Licensee's compliance with the terms of this License Agreement. Any such verification process will be: (a) restricted in scope, documentation, manner, and duration to that which is reasonably necessary to achieve its purpose; and (b) conducted during regular business hours at Licensee's facilities if a remote verification process is not possible. Perforce will not unreasonably interfere with Licensee's business activities during such verification process. Licensee will be liable for promptly remedying any underpayments revealed during the audit at the then-current price per Authorized User. 2.8 Confidentiality. Each party to this License Agreement agrees to keep confidential and to use only for purposes of performing its obligations under this License Agreement, any proprietary or confidential information of the other party disclosed pursuant to this License Agreement that is marked as confidential, is identified at the time of disclosure as confidential, or that would reasonably be considered confidential or proprietary in nature. The obligation of confidentiality shall not apply to information that is publicly available through authorized disclosure, or information that is required to be disclosed by law, government order, or request to be disclosed (provided that the receiving party shall give reasonable advance written notice to the other party prior to such disclosure and an opportunity, at the objecting party's expense, to take legal steps to resist or narrow such request). Licensee acknowledges and agrees that the Software shall be deemed as Perforce's confidential information. Each party's obligations of nondisclosure with regard to proprietary or confidential information are effective as of the date such proprietary or confidential information is first disclosed to the receiving party and will expire five (5) years thereafter; provided, however, with respect to any proprietary or confidential information that constitutes a trade secret (as determined under applicable laws), such obligations of nondisclosure will survive the termination or expiration of this License Agreement for as long as such proprietary or confidential information remains subject to trade secret protection under applicable laws. 3. Limited Warranties and Disclaimers. 3.1 Limited Warranty. Perforce warrants that for a period of thirty (30) days after the receipt of the latest release of Software, the Software will perform substantially in accordance with its Documentation. Perforce does not warrant, however, that Licensee's use of the Software will be uninterrupted, that the operation of the Software will be error-free, that the Software will meet Licensee's requirements or that all errors will be corrected. If, during the warranty period, as defined above, the Software fails to perform in accordance with the warranty, Perforce shall use reasonable commercial efforts to correct the failure of the Software to perform in accordance with this warranty. 3.2 Warranty Not Applicable. The above limited warranty will not apply to: (i) any defects caused by the combination, operation, or use of the Software with software, hardware, or other materials not provided by Perforce; (ii) the Software being modified by any party other than Perforce; and (iii) any use of the Software that does not conform to Perforce's requirements as set forth in the documentation. 3.3 DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 3.1, THE SOFTWARE IS PROVIDED "AS IS," AND PERFORCE MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, AND PERFORCE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS RELATING TO THE SOFTWARE, OR OTHER SUBJECT MATTER OF THIS LICENSE AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. PERFORCE DOES NOT MAKE ANY WARRANTY WITH RESPECT TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE. TO THE EXTENT THAT PERFORCE IS NOT PERMITTED BY APPLICABLE LAW TO DISCLAIM ANY WARRANTY PROVIDED HEREIN, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM REQUIRED UNDER SUCH LAW. 3.4 Licensee Back-Ups. Licensee is responsible for backing up all data or reports produced by the Software, and for providing an operating environment for the Software as specified in the Documentation. 4. Intellectual Property Ownership; Intellectual Property Infringement. 4.1 Intellectual Property. Licensee acknowledges and agrees that it obtains no ownership rights in the Software, Documentation, or the Software Support under the terms of this License Agreement, and that Perforce has and retains all right, title, interest, and ownership, including all intellectual property rights, in and to the Software, Documentation, and Software Support, and in any copies, improvements, enhancements, or updates of the Software and the Documentation, whether made by Licensee or Perforce. As between Perforce and Licensee, Perforce owns all rights, title, interest, ownership, and proprietary rights in and to the Software, Documentation, and all related intellectual property therein. Perforce's rights include, but are not limited to, all copies of the Software, Documentation, and any patent rights (including but not limited to patent applications and disclosures), copyrights, trademark rights, trade secret rights, and any other intellectual property right recognized in any country or jurisdiction in the world. The Software is protected by United States laws, laws of other nations, and international treaty provisions. The Software, any license keys to the Software, and the Documentation constitute and embody valuable confidential information and trade secret information of Perforce, and Licensee will secure and protect such confidential information and trade secret information consistent with Perforce's rights therein and will not disclose such confidential information and trade secret information to any third party. 4.2 Claim of Intellectual Property Infringement. Notwithstanding any other provision of this License Agreement, Perforce will defend, or settle at its own expense, any action brought against Licensee to the extent that it is based on a claim that any Software supplied by Perforce hereunder infringes any third party intellectual property right (an "Infringement Claim"), and indemnify Licensee and its officers, directors, shareholders, employees, accountants, attorneys, and third party agents, against fines, penalties, costs, damages and expenses (including reasonable legal fees) finally awarded against Licensee by a court of competent jurisdiction, or agreed to in a written settlement agreement by Perforce, arising out of such Infringement Claim. Perforce's obligation to indemnify Licensee pursuant to this Section 4.2 is subject to the following conditions: (a) Licensee must give Perforce prompt written notice of any Infringement Claim; (b) Licensee must provide, at Perforce's expense, reasonable information and assistance in connection with the defense and settlement of such Infringement Claim; (c) Licensee agrees in writing with Perforce that Perforce has sole control of the settlement or defense of such Infringement Claim; and (d) has not compromised or settled such Infringement Claim without Perforce's prior written approval. 4.3 Notwithstanding the foregoing, Perforce will have no obligation under Section 4.2 or otherwise with respect to any infringement claim based upon: (i) any use of the Software not in accordance with this License Agreement or the Documentation; (ii) any use of the Software in combination with other products, equipment, software, or data not supplied by Perforce where the combination gives rise to the claim; (iii) use of the Software in conjunction with Licensee data where use with such data gives rise to the claim; (iv) Licensee's failure to use updated or modified versions of the Software provided to Licensee by Perforce in order to avoid potential claims; (v) Software licensed for no fee, including trial, evaluation, or beta Software; or (vi) any modification of the Software by any party other than Perforce, or an authorized third party agent of Perforce. If a temporary or permanent injunction is obtained against the use of any part of the Software for the reason that it infringes any third party's intellectual property rights, Perforce will, at its option and expense, either (a) procure for Licensee the right to continue to use the Software, (b) modify the Software so that it becomes non-infringing but remains in substantial compliance with the Documentation, or (c) terminate Licensee's license to the affected Software and refund to Licensee the Software Support fees, or the Subscription Fees, as applicable, paid for the remaining portion of the term of the affected license(s). THE PROVISIONS OF THIS SECTION 4 STATE THE EXCLUSIVE LIABILITY OF PERFORCE, AND THE EXCLUSIVE REMEDY OF LICENSEE, WITH RESPECT TO ANY CLAIM OF INTELLECTUAL PROPERTY INFRINGEMENT. 5. Limitation of Liability. THE CUMULATIVE LIABILITY OF PERFORCE TO LICENSEE FOR ALL CLAIMS RELATING TO THE LICENSED SOFTWARE AND THIS LICENSE AGREEMENT, INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES PAID IN TO PERFORCE HEREUNDER. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS LICENSE AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. PERFORCE SHALL HAVE NO LIABILITY FOR LOSS OF DATA OR DOCUMENTATION, IT BEING UNDERSTOOD THAT LICENSEE IS RESPONSIBLE FOR REASONABLE BACK-UP PRECAUTIONS. IN NO EVENT SHALL PERFORCE BE LIABLE FOR ANY LOSS OF PROFITS, ANY INDIRECT, SPECIAL, INCIDENTAL, AND/OR CONSEQUENTIAL DAMAGES, INCLUDING PUNITIVE OR MULTIPLE DAMAGES, OR ANY CLAIMS OR DEMANDS BROUGHT AGAINST LICENSEE, EVEN IF PERFORCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DEMANDS. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS LICENSE AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. LICENSEE MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (E.G., CONSUMER LAWS) THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS APPLY, CERTAIN EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO LICENSEE; HOWEVER, ALL OTHER RESTRICTIONS AND LIMITATIONS SHALL REMAIN IN EFFECT 6. Term and Termination. 6.1 This License Agreement will commence on the Effective Date and continue until terminated in accordance with the terms hereof. Perforce may terminate this License Agreement if Licensee breaches its obligations hereunder. Perforce will affect such termination by giving Licensee notice of termination, specifying therein the alleged breach. If the breach is curable, Licensee will have a grace period of fifteen (15) days after such notice is served to cure the breach described therein. If the breach is cured within the fifteen (15) day grace period, then this License Agreement will remain in effect; otherwise, this License Agreement will automatically terminate upon the conclusion of the fifteen (15) day grace period. Upon termination of the License Agreement for any reason the following terms shall apply: (a) all rights granted under this License Agreement will immediately terminate and Licensee must immediately stop all use of the Software; (b) Licensee must return to Perforce or destroy all copies of the Software provided to or made by or on behalf of Licensee, and will, within ten (10) days after the effective date of termination, provide Perforce with written certification that all such copies have been returned or destroyed; and (c) all provisions of this License Agreement that expressly, by implication, or necessity, contemplates performance or observance subsequent to the termination of this License Agreement will survive termination or expiration of the License Agreement and will continue in full force and effect, including any outstanding payment obligations. Any termination shall be without prejudice to the rights and remedies of either party that may have accrued prior to such termination. For the avoidance of doubt, and except in the case of breach of this License Agreement by Perforce, Licensee shall not be entitled to a refund of any prepaid fees upon termination of the License Agreement, and Perforce will not release Licensee from its obligations to pay Perforce all fees that have accrued under this License Agreement prior to its termination. For purposes of clarity, if this License Agreement is terminated pursuant to an uncured breach by Perforce, then such termination will not affect Licensee's perpetual right to continue to use the Software if perpetual licenses of the Software were acquired by Licensee. Either party will have the right to terminate this License Agreement effective immediately if: (a) a petition of bankruptcy is granted against the other party; (b) the other party makes an assignment for the benefit of creditors; (c) the other party admits to being unable to meet its obligations as they come due; or (d) a petition of bankruptcy is filed by or against the other party and if such petition is not dismissed by the bankruptcy court within sixty (60) days after its filing. A party's intent to terminate this License Agreement under this Section 6 will be made by a written notice to the other party. 7. Miscellaneous. 7.1 This License Agreement, or any of your rights and obligations under this License Agreement, cannot be assigned or otherwise transferred in whole or in part, and any such attempted assignment or transfer by Licensee in violation of the foregoing will be null and void. 7.2 This License Agreement and any claim, cause of action or dispute arising out of, or related thereto, shall be governed by, and construed in accordance with the laws of, the State of Delaware, regardless of Licensee's country of origin or where Licensee uses the licenses from, without giving effect to any conflict of law principles, which would result in the application of the laws of a jurisdiction other than the State of Delaware. Any dispute, claim, or controversy arising out of, connected with, or relating to this License Agreement, the Software, or any use related thereto, will be submitted to the sole and exclusive jurisdiction of the competent court located in State of Delaware. The 1980 United Nations Convention on Contracts for the International Sale of Goods, any state's enactment of the Uniform Computer Information Transactions Act, and the United Nations Convention on the Limitation Period in the International Sale of Goods, and any subsequent revisions thereto, do not apply to this License Agreement. 7.3 Failure by Perforce to enforce any rights under this License Agreement will not be construed as a waiver of such rights, and a waiver in one or more instances will not be construed as constituting a continuing waiver or as a waiver in other instances. No modification of this License Agreement shall be binding unless it is in writing and is signed by an authorized representative of the party against whom enforcement of the modification is sought. Except as expressly provided in this License Agreement, there are no third-party beneficiaries of this License Agreement. 7.4 Licensee acknowledges that money damages may not be an adequate remedy in the event of actual or threatened breach of the obligations and/or undertakings hereunder. Therefore, in addition to any other remedies available hereunder, by law or otherwise, Perforce will be entitled to seek and obtain injunctive relief and/or any other appropriate decree of specific performance or any other appropriate equitable relief. 7.5 The parties will be independent contractors under this License Agreement, and nothing herein will constitute either party as the employer, employee, agent, or representative of the other party, or both parties as joint venturers or partners for any purpose. 7.6 If any provision of this License Agreement is held invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, and the enforceability of the remaining provisions of this License Agreement will not be impaired thereby. To the extent any provision cannot be enforced in accordance with the stated intentions of the parties, such provision will be deemed not to be a part of this License Agreement. 7.7 Neither party will be deemed to be in breach of this License Agreement, nor otherwise liable to the other, by reason of any delay in performance or non-performance of any of its obligations under this License Agreement arising out matters beyond the reasonable control of a party, including, war, strikes, lock outs, or industrial disputes (except in relation to a party's own workforce), outbreak of hostilities, riots, civil disturbances, pandemics, epidemics, or quarantines, acts or orders of any government department or constituted body, fire, explosion, earthquake, flood, acts of God, or acts of terrorism; provided, however, that no event will be treated as beyond the reasonable control of a party if it is attributable to a willful act or omission by such party, or any failure by such party to take reasonable precautions or any failure to mitigate or take reasonable steps to overcome such event. If the performance of the impacted party is prevented for a period of thirty (30) days or more, the party not affected may terminate this License Agreement upon providing seven (7) days' advance written notice. 7.8 This License Agreement, including all invoices hereunder, constitutes the sole and entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels any prior and contemporaneous oral or written proposals, promises, or agreements. There are no promises, covenants, or undertakings other than those expressly set forth in this License Agreement. If Licensee issues a Licensee purchase order, or any other Licensee generated documentation, and the terms and conditions conflict with this License Agreement, the terms and conditions contained in this License Agreement, including all invoices incorporated hereunder, will control. For purposes of clarity, no terms or conditions, including any pre-printed or boilerplate terms and conditions, stated in any Licensee purchase order, or in any other Licensee documentation, will be incorporated into or form any part of this License Agreement, and all such terms or conditions will be null and void and of no force and effect. 8. Evaluation License. The terms of this Section 8 solely apply to installations of the Software in a non-production environment for a limited time period under the terms and conditions of this License Agreement, during which an Authorized User may evaluate the Software for use in support of Licensee's internal business operations (such Software, the "Evaluation Software"). The terms of Sections 2.1, 2.3, 3, 4, and 6 shall not apply to the parties' rights and obligations with respect to Evaluation Software. 8.1 Rights and Restrictions. Perforce grants Licensee a non-exclusive, non- transferable license to (i) install the Evaluation Software on Licensee's internal server in the country to which such Evaluation Software is delivered, and (ii) Use the Evaluation Software for the sole purpose of internally evaluating the Software, for a period agreed to in writing between Licensee and Perforce, or the period specified in the applicable license key delivered to Licensee for the Evaluation Software and any extensions thereto (the "Trial Period"). Licensee may not make use of the Evaluation Software, for any commercial or production purposes. Perforce may provide Licensee with limited installation support for the Evaluation Software during the Trial Period. Upon the expiration of the Trial Period, the license granted above shall terminate, and Licensee shall uninstall and cease use of the Evaluation Software. Perforce may also include a "time bomb" within the Evaluation Software that shall prevent use of the Evaluation Software after the Trial Period has expired. Notwithstanding the Trial Period, this License Agreement shall terminate immediately upon notice from Perforce if Licensee fails to comply with any provision of this License Agreement. 8.2 Exclusion of Warranties. ALL EVALUATION SOFTWARE AND SOFTWARE SUPPORT SERVICES THAT ARE PROVIDED BY PERFORCE ARE PROVIDED "AS IS." NO WARRANTIES OR COMMITMENTS, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THE EVALUATION SOFTWARE OR SOFTWARE SUPPORT SERVICES SUPPLIED BY PERFORCE HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION, TITLE, SATISFACTORY QUALITY AND NON-INFRINGEMENT. THE SOLE REMEDY OF LICENSEE FOR ANY ASSERTED DEFECT, ERROR, OR OTHER SHORTCOMING IN THE EVALUATION SOFTWARE IS THAT LICENSEE MAY REQUEST SOFTWARE SUPPORT SERVICES FOR EVALUATION SOFTWARE. This distribution also includes the following third party software; please consult the accompanying license file for the license terms that apply to that software only: libcrypto-1_1-1.1.1.dll Licenses: License: Python CNRI Reference: https://www.python.org/ LicenseText: License Text Under Appendix Copyrights: Copyright: Copyright Python Software Foundation Reference: https://www.python.org/ libffi-7.dll Licenses: License: MIT Reference: https://github.com/libffi/libffi LicenseText: License Text Under Appendix Copyrights: Copyright: Copyright (c) 1996-2022 Anthony Green, Red Hat, Inc and others Reference: https://github.com/libffi/libffi libssl-1_1-1.1.1.dll Licenses: License: OpenSSL Reference: https://www.openssl.org/ LicenseText: License Text Under Appendix Copyrights: Copyright: Copyright 2021 OpenSSL Project Authors Reference: https://www.openssl.org/ psutil-5.9.4-cp36-abi3-manylinux_2_12_x86_64.manylinux2010_x86_64.manylinux_2_17_x86_64.manylinux2014_x86_64.whl Licenses: License: BSD 3 Reference: https://index.whitesourcesoftware.com/gri/app/reader/resource/content/asString/41108d72-6841-47bc-8f75-cb157041b7ca LicenseText: License Text Under Appendix Copyrights: Copyright: Copyright 2009 Jay Loden, Dave Daeschler, Giampaolo Rodola' Reference: https://index.whitesourcesoftware.com/gri/app/reader/resource/content/asString/41108d72-6841-47bc-8f75-cb157041b7ca Author: Jay Loden, Dave Daeschler, Giampaolo Rodola' vcruntime140_1-14.34.31931.0.dll Licenses: License: MIT Reference: https://github.com/dotnet/windowsdesktop LicenseText: License Text Under Appendix Copyrights: Copyright: Copyright .NET Foundation Reference: https://github.com/dotnet/windowsdesktop vcruntime140_cor3-14.34.31931.0.dll Licenses: License: MIT Reference: https://github.com/dotnet/windowsdesktop LicenseText: License Text Under Appendix python3-3.10.9.dll Licenses: License: PSF LicenseText: License Text Under Appendix Copyrights: Copyright: Copyright © 2001-2023 Python Software Foundation; All Rights Reserved. python310-3.10.9.dll Licenses: License: PSF LicenseText: License Text Under Appendix Copyrights: Copyright: Copyright © 2001-2023 Python Software Foundation; All Rights Reserved. pywintypes310.dll Licenses: License: PSF Reference: https://github.com/mhammond/pywin32 LicenseText: License Text Under Appendix Copyrights: Copyright: Copyright (c) 1994-2008, Mark Hammond Reference: https://github.com/mhammond/pywin32 Appendix: Additional Conditions for this Windows binary build --------------------------------------------------- This program is linked with and uses Microsoft Distributable Code, copyrighted by Microsoft Corporation. The Microsoft Distributable Code is embedded in each .exe, .dll and .pyd file as a result of running the code through a linker. If you further distribute programs that include the Microsoft Distributable Code, you must comply with the restrictions on distribution specified by Microsoft. In particular, you must require distributors and external end users to agree to terms that protect the Microsoft Distributable Code at least as much as Microsoft's own requirements for the Distributable Code. See Microsoft's documentation (included in its developer tools and on its website at microsoft.com) for specific details. Redistribution of the Windows binary build of the Python interpreter complies with this agreement, provided that you do not: - alter any copyright, trademark or patent notice in Microsoft's Distributable Code; - use Microsoft's trademarks in your programs' names or in a way that suggests your programs come from or are endorsed by Microsoft; - distribute Microsoft's Distributable Code to run on a platform other than Microsoft operating systems, run-time technologies or application platforms; or - include Microsoft Distributable Code in malicious, deceptive or unlawful programs. These restrictions apply only to the Microsoft Distributable Code as defined above, not to Python itself or any programs running on the Python interpreter. The redistribution of the Python interpreter and libraries is governed by the Python Software License included with this file, or by other licenses as marked. LICENSE ISSUES ============== The OpenSSL toolkit stays under a double license, i.e. both the conditions of the OpenSSL License and the original SSLeay license apply to the toolkit. See below for the actual license texts. OpenSSL License --------------- /* ==================================================================== * Copyright (c) 1998-2019 The OpenSSL Project. All rights reserved. * * Redistribution and use in source and binary forms, with or without * modification, are permitted provided that the following conditions * are met: * * 1. Redistributions of source code must retain the above copyright * notice, this list of conditions and the following disclaimer. * * 2. Redistributions in binary form must reproduce the above copyright * notice, this list of conditions and the following disclaimer in * the documentation and/or other materials provided with the * distribution. * * 3. All advertising materials mentioning features or use of this * software must display the following acknowledgment: * "This product includes software developed by the OpenSSL Project * for use in the OpenSSL Toolkit. (http://www.openssl.org/)" * * 4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to * endorse or promote products derived from this software without * prior written permission. For written permission, please contact * openssl-core@openssl.org. * * 5. Products derived from this software may not be called "OpenSSL" * nor may "OpenSSL" appear in their names without prior written * permission of the OpenSSL Project. * * 6. Redistributions of any form whatsoever must retain the following * acknowledgment: * "This product includes software developed by the OpenSSL Project * for use in the OpenSSL Toolkit (http://www.openssl.org/)" * * THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY * EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR * PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR * ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, * SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT * NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; * LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, * STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) * ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED * OF THE POSSIBILITY OF SUCH DAMAGE. * ==================================================================== * * This product includes cryptographic software written by Eric Young * (eay@cryptsoft.com). This product includes software written by Tim * Hudson (tjh@cryptsoft.com). * */ ----- MIT ----- Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the ``Software''), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED ``AS IS'', WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. 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The following terms apply to all files associated with the software unless explicitly disclaimed in individual files. The authors hereby grant permission to use, copy, modify, distribute, and license this software and its documentation for any purpose, provided that existing copyright notices are retained in all copies and that this notice is included verbatim in any distributions. No written agreement, license, or royalty fee is required for any of the authorized uses. Modifications to this software may be copyrighted by their authors and need not follow the licensing terms described here, provided that the new terms are clearly indicated on the first page of each file where they apply. IN NO EVENT SHALL THE AUTHORS OR DISTRIBUTORS BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THIS SOFTWARE, ITS DOCUMENTATION, OR ANY DERIVATIVES THEREOF, EVEN IF THE AUTHORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 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Notwithstanding the foregoing, the authors grant the U.S. Government and others acting in its behalf permission to use and distribute the software in accordance with the terms specified in this license. Copyright (c) 1993-1999 Ioi Kim Lam. Copyright (c) 2000-2001 Tix Project Group. Copyright (c) 2004 ActiveState This software is copyrighted by the above entities and other parties. The following terms apply to all files associated with the software unless explicitly disclaimed in individual files. The authors hereby grant permission to use, copy, modify, distribute, and license this software and its documentation for any purpose, provided that existing copyright notices are retained in all copies and that this notice is included verbatim in any distributions. No written agreement, license, or royalty fee is required for any of the authorized uses. 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