Please Read this Document Carefully.
You have agreed to the terms of this Agreement before Downloading
the Software from the Internet.
I (hereinafter Recipient) and Siemens
Power Transmission and Distribution, Inc., Power Technologies
International (Siemens PTI)., hereby agree to the following conditions
regarding delivery, receipt, and use of a demonstration copy of
the PSS®ODMS program:
(a) Recipient hereby acknowledges that PSS®ODMS
is a valuable proprietary trade secret of Siemens Power Transmission
& Distribution, Inc., Power Technologies International
(b) Siemens Power Transmission & Distribution, Inc., Power
Technologies International will provide instructions on how to
download PSS®ODMS evaluation program,
documentation and sample files from the Siemens Power Transmission
& Distribution, Inc., Power Technologies International web site.
(c) Recipient will use PSS®ODMS
solely for the purpose of evaluating its suitability for Recipient’s
engineering purposes, and will not use it for the benefit of any
third party.
(d) Recipient will not disclose any part of PSS®ODMS
or its documentation to any party except those of Recipient’s
regular and direct full-time employees who will require such information
in working on the evaluation of PSS®ODMS.
Recipient shall take appropriate precautions with its employees
to protect the secrecy of the Programs and Information and to
carry out its obligations under this Agreement.
(e) At the conclusion of the evaluation period, or when
instructed to do so by Siemens Power Transmission & Distribution,
Inc., Power Technologies International, Recipient will erase or
otherwise destroy all copies of PSS®ODMS
made by Recipient. Recipient shall obtain no right of any kind
in the Programs and Information, other than the right to use the
information for the specific purpose aforesaid. All Programs and
Information remains the property of Siemens Power Transmission
& Distribution, Inc., Power Technologies International
(f) The PSS®ODMS Program
provided to Recipient under this Letter Agreement is without any
warranty whatsoever.
(g) Recipient may purchase a license for the use of PSS®ODMS,
under Siemens Power Transmission & Distribution, Inc., Power Technologies
International’s currently applicable terms and conditions,
at any time. Upon execution of Siemens PTI's PSS®ODMS
license agreement by Recipient and issuance of Recipient’s
order for the PSS®ODMS license, the
material delivered to Recipient under this Letter Agreement shall
be covered by and subject to the terms of the PSS®ODMS
License Agreement and this Letter Agreement shall be terminated.
(h) If Recipient does not purchase a License for PSS®ODMS,
this Letter Agreement shall terminate upon destruction of all
PSS®ODMS materials in accordance
with item g), except that the nondisclosure provision, d), of
this Letter Agreement shall remain in force permanently.
