Subject to the terms and conditions of this evaluation, during the Term and solely for the Purpose, Incode hereby grants Company a limited, nonexclusive, nontransferable, non-sublicensable license to use the Evaluation Software and any "sample code" included in the Evaluation Software, but only i) as expressly authorized in the documentation accompanying such code, ii) for internal evaluation by Company, in a non-production environment and no other purpose. Evaluation Software may be installed and used only on internal devices owned by or under the control of the Company. Company shall not, and shall not allow any third party to, (i) copy, modify, enhance or create any derivative work of the Evaluation Software or any portion thereof; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive the underlying source code, ideas, algorithms, structure or organization of the Evaluation Software, except to the limited extent that applicable law prohibits reverse engineering restrictions; (iii) distribute, display, or disclose the Evaluation Software to any person other than as expressly permitted herein; (iv) rent or lease the Evaluation Software for third-party training, time-sharing or service bureau use; (v) use the Evaluation Software for any commercial purposes or in a production environment with live data; or (vi) permit or authorize any third party to do any of the foregoing. Company acknowledges and agrees that suggestions, ideas, comments and other input provided by the Company about the Evaluation Software or any services made available by Incode ("Feedback") is given voluntarily, and Incode may fully and freely exploit Feedback without obligation or restriction of any kind by Company. Company represents, warrants and agrees that: (x) it shall at all times use the Evaluation Software in compliance with all applicable laws; (y) it shall not provide to Incode or process through the Evaluation Software any personal data; and (z) it is solely responsible for maintaining all necessary data backups. Incode shall not be responsible for any data loss, data corruption, or other errors arising from or relating to the Evaluation Software.
No Implied Licenses. Company acknowledges and agrees that Incode owns all right, title and interest (including without limitation all intellectual property right) in and to the Evaluation Software, and any modifications, corrections or enhancements thereto. No rights or licenses are granted other than those expressly set forth herein.
Limitation of Liability
THE EVALUATION SOFTWARE IS PROVIDED "AS-IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE, USAGE OF TRADE, OR COURSE OF DEALING, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.