END-USER
LICENSE AGREEMENT
ipSentry® is
Copyright 1997-2018 RGE, Inc.
All Rights
Reserved
IMPORTANT
READ CAREFULLY:
This
End-User License Agreement (EULA) is a legal agreement between you and THE
AUTHOR (RGE, Inc.) for the ipSentry Network Monitoring software and ipSentry
IPSX line of software products, applications, and add-ons, which includes
computer software and associated media and printed materials (if any), and
may include online or electronic documentation, help systems, images,
graphical representations, styles, and other data referred to as SOFTWARE
PRODUCT or SOFTWARE.
By
installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to
be bound by the terms of this EULA. If you do not agree to the terms of this
Agreement, you are not authorized to use the SOFTWARE PRODUCT.
Copyright
laws and international copyright treaties, as well as other intellectual
property laws and treaties protect the SOFTWARE PRODUCT.
The SOFTWARE
PRODUCT is licensed, not sold.
GRANT OF
LICENSE
This EULA
grants you the following rights:
USE AND COPY
You may
install SOFTWARE PRODUCT on no more than one machine per valid license.
You may make other copies of the SOFTWARE PRODUCT for backup and
archival purposes only.
SOFTWARE
PRODUCT and associated add-in components are licensed on a RUN-TIME basis,
which means, that for each machine on which SOFTWARE PRODUCT is installed, a
valid run-time license must exist.
Software licenses are provided as unique registration codes and/or serial
numbers used to remove time-out settings in the software. A run-time license
allows for installation and execution of the licensed SOFTWARE PRODUCT on
one machine only.
RESTRICTIONS
Unregistered
versions (unlicensed, evaluation) of the SOFTWARE PRODUCT may be used for a
period of not more than 21 days.
After 21 days, you must either stop using and uninstall the SOFTWARE PRODUCT
or purchase a valid license for the product.
PRODUCT
COPYRIGHT, TRADEMARK, EVALUATION
You may not
sell copies of the SOFTWARE PRODUCT to third parties without express written
consent of THE AUTHOR and under THE AUTHOR's instruction.
EVALUATION
copies may distributed freely and without charge so long as the SOFTWARE
PRODUCT remains whole including but not limited to existing copyright
notices, installation and setup utilities, help files, licensing agreement,
run-time libraries, etc. and DOES NOT CONTAIN valid, invalid, or illegal
serial numbers. You may not distribute or
reproduce valid license unlock codes, registrations, or serial numbers. You may not bundle or
redistribute the ipSentry software product with commercial distributions or
for commercial use without the express written consent of the AUTHOR.
Distributing modified versions of the software, license codes, or
similar copyright, trademark, or license violations, to the maximum extent
permitted by applicable law you may be held liable for loss of revenue to
THE AUTHOR or THE AUTHOR's representatives due to loss of sales or
devaluation of the SOFTWARE PRODUCT or both including all legal fees, court
costs, and other expenses related to the violation.
You may not
reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and
only to the extent that such activity is expressly permitted by applicable
law notwithstanding this limitation.
You may not
rent or lease the SOFTWARE PRODUCT or the functionality of, or benefits
derived from, the use of the SOFTWARE PRODUCTS, including but not limited to
levy of a fee for system monitoring services using ipSentry without the
express written consent of the AUTHOR.
You must
comply with all applicable laws regarding the use of the SOFTWARE PRODUCT.
You may not
execute this software on more than ONE machine per valid license.
TERMINATION
THE AUTHOR
may terminate this EULA if you fail to comply with the terms and conditions
of this EULA. In such event, you must destroy all copies of the SOFTWARE
PRODUCT.
COPYRIGHT
All title,
copyrights, trademarks, patents, and other intellectual property rights in
and to the SOFTWARE PRODUCT and any copies thereof are owned by THE AUTHOR.
EXPORT
RESTRICTIONS
You agree
that you will not export or re-export the SOFTWARE PRODUCT to any country,
person, entity or end user subject to
NO WARRANTY
ANY USE OF
THE SOFTWARE PRODUCT IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR
DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NONINFRINGEMENT.
NO LIABILITY
FOR CONSEQUENTIAL DAMAGES.
TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AUTHOR BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER
PECUNIARY LOSS) ARISING OUT OF THE USE OF, MIS-USE OF OR INABILITY TO USE
THE SOFTWARE PRODUCT, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. BECAUSE SOME STATES
AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
LIMITATION
OF LIABILITY
THE AUTHOR'S
ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS EULA SHALL NOT EXCEED
ONE UNITED STATES DOLLAR ($1.00 US).
MISCELLANEOUS
This
agreement will be governed by the State of Indiana and the State of Indiana,
USA shall be the exclusive venue for resolution of any dispute arising out
of or relating to this agreement. Should you have any questions concerning
this EULA, or if you desire to contact THE AUTHOR for any reason, please
send E-Mail to: support@ipsentry.com or via US Mail to:
RGE, Inc.
Fax:
317.745.3147
ipSentry® is
a registered trademark of RGE, Inc.