Variant Free Development License Agreement
“We,” “us,” and “our” refers to Variant, Inc., a California Corporation. “You” and “your” refers to the individual or entity that wishes to use software programs from Variant, Inc. “Developer Desktop Computer” refers to your physical computer that is accessed and used for software development and testing purposes by only one person (each “Your Developer”) and with respect to use of the Programs does not participate in a Shared Development Environment. A Developer Desktop Computer may, for Your Developer’s sole use, host one or more multiple virtual machines containing the Programs. “Shared Development Environment” refers to (a) software development occurring in a network or computer infrastructure shared by multiple people; and/or (b) software development occurring on a computer that is not dedicated to use only by Your Developer. “Unit Testing” refers to the testing of sets of one or more computer program modules making up a portion of an application together with control data, usage procedures, and operating procedures to determine if such computer program module(s) meet operation objectives. “License” refers to your right to use the Programs under the terms of this agreement.
This agreement is governed by the substantive and procedural laws of California. You and Variant agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco or Santa Clara counties in California in any dispute arising out of or relating to this agreement.
We are willing to license the Programs to you only upon the condition that you accept all of the terms contained in this agreement. Read the terms carefully and select the “Accept License Agreement” check box to confirm your acceptance. If you are not willing to be bound by these terms, do not check the “Accept License Agreement” check box.
We grant you a nonexclusive, nontransferable limited license to use the Programs only for the purpose of developing, testing (including Unit Testing with production data), prototyping and demonstrating your application(s), and not for any other purpose. This license permits you to allow each of Your Developers to deploy the Programs on a Developer Desktop Computer or use the Programs in a Shared Development Environment. For deployment of the application(s) you develop under this license for any internal data processing or for any commercial or production purposes, or if you want to use the Programs for any purpose other than as permitted under this agreement, you must first contact Variant to obtain the appropriate Production License. You may continue to develop, test, prototype and demonstrate your application(s) with the Programs under this license after you have deployed the application(s) for any internal data processing, commercial or production purposes (subject to the requirement to procure a production release version of the Programs as described in the preceding sentence). You acknowledge that we may not produce a production release version of the program and any development efforts undertaken by you are at your own risk. We may audit your use of the Programs. Program documentation, if available, may be accessed online at http:/getvariant.com/docs. We reserve all rights not expressly granted in this agreement.
Ownership and Restrictions
We retain all ownership and intellectual property rights in the Programs. For each of Your Developers, the Programs may be installed on one Developer Desktop Computer only, and used by Your Developer in the operating environment identified by us. You may make one copy of the Programs for backup purposes. You are responsible for each of Your Developer’s compliance with this agreement.
You may not:
- use the Programs for your own internal data processing or for any commercial or production purposes, or use the Programs for any purpose except the development, testing, prototyping, and demonstrating of your application(s);
- use the application(s) you develop with the Programs for any internal data processing or commercial or production purposes , including testing or running production or commercial workloads on the developer desktop, without obtaining an appropriate license from us;
- remove or modify any program markings or any notice of our proprietary rights;
- make the Programs available in any manner to any third party;
- use the Programs to provide third party training;
- assign this agreement or give or transfer the Programs or an interest in them to another individual or entity;
- cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the Programs;
- disclose results of any program benchmark tests without our prior consent.
Disclaimer of Warranty and Exclusive Remedies
THE PROGRAMS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
No Technical Support
Variant will not provide technical support, phone support, or updates to you for the Programs licensed under this agreement.
End of Agreement
You may terminate this agreement by destroying all copies of the Programs. We have the right to terminate your right to use the Programs if you fail to comply with any of the terms of this agreement, in which case you shall destroy all copies of the Programs.
Relationship Between the Parties
The relationship between you and us is that of licensee/licensor. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity. Nothing in this agreement shall be construed to limit either party’s right to independently develop or distribute software that is functionally similar to the other party’s products, so long as proprietary information of the other party is not included in such software.
You agree that this agreement is the complete agreement for the Programs and licenses, and this agreement supersedes all prior or contemporaneous agreements or representations. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
We may contact you to ask if you had a satisfactory experience installing and using this free development software download.
Last updated: May 15 2017