(A) Aspects of the software use or include third-party software and other copyrighted material. Confirmations, licensing conditions and disclaimers for these materials are available on the Kony website when accessing the software, and your use of this material is subject to their respective conditions. “licensed software,” the Docker software identified on a purchase order (except open source software) and authorized to the customer under the terms of this agreement, namely the trusted docker registry software. B or any other Docker licensed software identified on the purchase order (except the open source software that is included). 12. Full agreement. This contract is the entirety of the agreement between you and Kony regarding the software and all related documentation and replaces all other prior or concurrent agreements or communications regarding the software and associated documentation, whether written or oral. Licensed software. Subject to compliance with the terms of this Contract by the Client, Docker grants the Customer, during the trial period, a limited, non-exclusive, non-transferable, non-sub-conceded license for the installation, reproduction and use of licensed software only for the internal evaluation of the customer in the context of the provision of a maximum of a proceeding. “Confidential information” means information that any party (“Discloser”) refers to, directly or indirectly, in writing, orally or by an inspection of material property called “confidential,” “owner” or similar name, or that the recipient designates as confidential to the other party in circumstances where such information would reasonably be considered confidential. Confidential information may contain information provided confidentially to Discloser by third parties.
For the purposes of this agreement, licensed software and the results of a performance evaluation, operation or other evaluations of the licensed software are considered confidential information provided by Docker. THIS DOCKER SOFTWARE EVALUATION AGREEMENT (“AGREEMENT”) IS OF AND BETWEEN DOCKER, INC., LOCATED AT 144 TOWNSEND STREET, SAN FRANCISCO, CA 94107 (“DOCKER”) AND THE INDIVIDUAL OR LEGAL ENTITY THAT HAS SOME FORM OF ORDER (OR OTHER ORDER OR PURCHASE DOCUMENT) AGREES BY THE EXECUTION OF AN ORDER FORM AND THE CUSTOMER EXPRESSLY ACCEPTS THE TERMS OF THAT AGREEMENT. IF YOU ARE A NATURAL PERSON WHO ACCEPTS THE TERMS OF THIS AGREEMENT ON BEHALF OF A COMPANY, SUCH AS Z.B YOUR EMPLOYER, YOU DECLARE THAT YOU HAVE THE LEGAL AUTHORITY TO HIRE IT AND THE “CUSTOMER” WILL REFER TO IT. IF YOU DO NOT HAVE SUCH A POWER OR IF YOU DO NOT AGREE WITH THE TERMS OF THIS CONTRACT, YOU CANNOT EXECUTE THE ORDER FORM AND NOT USE THE LICENSED SOFTWARE (DEFINED BELOW).