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an Evaluation

DevTools evaluations are free for a 90 day period.To evaluate DevTools components, please complete the details below. Once the evaluation information is submitted we will contact you to discuss your application further and provide you details required to get started with DevTools components. Note that Devtools components are a software development tool, not an end user product.


SOFTWARE EVALUATION AGREEMENT

This Software Evaluation Agreement ("Agreement") is effective on the date of the submission of the evaluation application, by and between Visual Kinematics, Incorporated, a California corporation ("Visual Kinematics") having its principal place of business at 14395 Saratoga Ave., Suite 110, Saratoga, CA 95070, and with the applicants organization (“Recipient”).

After the evaluation application has been approved by Visual Kinematics, the Recipient will be contacted and notified as such by the email address provided in the application evaluation. The parties hereby agree as follows:

Section 1. Definitions
(a) "Designated Computer" shall mean the central processing unit(s) identified in the evaluation application by model and operating system and operated by Recipient for its own internal use at the Designated Site.

(b) "Designated Site" shall mean a specific physical location of Recipient's business as set forth in the evaluation application.

(c) "Software" shall mean one (1) copy of the proprietary computer programs listed in the evaluation appliction provided by Visual Kinematics to Recipient.


Section 2. Use of Software
The Software is to be used solely for the purpose of evaluation by Recipient's employees only for a ninety (90) day period commencing upon the date specified above ("Term"). The evaluation is to be limited to the Designated Computer at the Designated Site.


Section 3. Title and Ownership
The Software, including all copies and portions thereof that may be incorporated into Recipient's programs during the Term, is and shall at all times remain the property of Visual Kinematics and title thereto, as well as all associated copyrights, trade secrets and other proprietary rights, shall at all times remain with Visual Kinematics.


Section 4. WARRANTY
THE SOFTWARE IS FURNISHED "AS IS". VISUAL KINEMATICS DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OF IMPLIED, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.


Section 5. Limitation of Liability
Recipient agrees (a) that no claim shall be made against Visual Kinematics for indirect, consequential, special, incidental or punitive damages, including loss of use, profit, revenue or goodwill, whether based in contract, negligence or otherwise arising out of, resulting from or in any way relating to the use of Software by Recipient, and (b) to hold Visual Kinematics harmless from any and all liability or expense, including reasonable attorney's fees, arising out of this Agreement.


Section 6. Proprietary Information
Recipient acknowledges that the Software is proprietary information and a trade secret of Visual Kinematics. Recipient agrees that it shall (a) hold the Software in confidence, (b) not reproduce, provide or otherwise make available the Software to anyone other than employees of Recipient who have a need to know consistent with Recipient’s authorized use of the Software, and (c) take appropriate action by instruction, agreement or otherwise to protect and keep confidential the Software.


Section 7. Termination
Recipient agrees that the Software, together with any copies thereof, will be destroyed or erased or returned to Visual Kinematics upon expiration of the Term unless this Agreement is earlier terminated by Visual Kinematics. Visual Kinematics may terminate this Agreement with or without any cause at any time and Recipient agrees to destroy or erase or return the Software to Visual Kinematics within five (5) days of any written notice from Visual Kinematics of termination of the Agreement. The obligations of confidentiality and non-disclosure shall survive for a period of 12 months following termination of this Agreement.


Section 8. General
This Agreement shall be governed by the laws of the State of California. Recipient may not assign this Agreement without the prior written consent of Visual Kinematics. All rights of Visual Kinematics hereunder are cumulative and in addition to any rights it may have in law or in equity. No modification, change or amendment to this Agreement shall be of any force or effect unless in writing and signed by an authorized representative of each party. The parties have executed this Agreement as of the date specified above.


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