IPHost Network Monitor End User License Agreement
READ THE LICENSE TERMS CAREFULLY BEFORE COMPLETING THE INSTALLATION
PROCESS AND USING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF
THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. BY INSTALLING,
COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE
BOUND BY THE TERMS OF THIS EULA.
1. LICENSE GRANT. Licenser grants you a license to use one copy of the
version of this SOFTWARE on a single computer. "You" means the company,
entity or individual whose funds are used to pay the license fees. "Use"
means storing, loading, installing, executing or displaying the SOFTWARE.
You may not modify the SOFTWARE or disable any licensing or control
features of the SOFTWARE except as an intended part of the SOFTWARE
programming features. This license is not transferable to any other
system, or to another organization or individual.
2. TRIAL and REGISTRATION. You are granted the right to use the SOFTWARE
without registration solely for the purposes of evaluating the
performance of the SOFTWARE for a period of no more than 30 days. If
after that time continued use of the SOFTWARE is desired then the
SOFTWARE must be registered with Licenser subject to the terms as
laid out in the registration information which can be found in the
documentation accompanying the SOFTWARE. You are expected to use the
SOFTWARE on your system and to thoroughly evaluate its usefulness and
functionality before making a purchase. This "try before you buy"
approach is the ultimate guarantee that the SOFTWARE will perform to
your satisfaction.
3. OWNERSHIP. The SOFTWARE is owned and copyrighted by Licenser. Your
license confers no title or ownership in the SOFTWARE and should not be
construed as a sale of any right in the SOFTWARE.
4. COPYRIGHT. The SOFTWARE and all rights, without limitation including
proprietary rights therein, are owned by Licenser or its suppliers
and are protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties. The SOFTWARE is
licensed, not sold. You acknowledge that no title to the intellectual
property in the SOFTWARE is transferred to you. You further acknowledge
that title and full ownership rights to the SOFTWARE will remain the
exclusive property of Licenser and you will not acquire any rights to
the SOFTWARE except as expressly set forth in this license. You agree
that any copies of the SOFTWARE will contain the same proprietary notices
which appear on and in the SOFTWARE.
5. REVERSE ENGINEERING. You agree that you will not attempt to reverse
compile, modify, translate, or disassemble the SOFTWARE in whole or in
part.
6. NO OTHER WARRANTIES. THE SOFTWARE PRODUCT IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. LICENSER DISCLAIMS ALL OTHER WARRANTIES WITH
RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY
FROM JURISDICTION TO JURISDICTION.
7. SEVERABILITY. In the event of invalidity of any provision of this
license, the parties agree that such invalidity shall not affect the
validity of the remaining portions of this license.
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL LICENSER OR
ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL
OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY,
PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF LICENSER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LICENSER
LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER
THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
9. GENERAL PROVISION. This is the entire agreement between you and Licenser,
which supersedes any prior agreement or understanding, whether
written, or oral, relating to the subject matter of this license. If any
part of this agreement is found void and unenforceable, it will not
affect the validity of the balance of the agreement, which shall remain
valid and enforceable according to its terms. This agreement shall
automatically terminate upon failure by you to comply with its terms.
Licenser, on its sole discretion, may modify this agreement in writing
at any time.
IPHost Network Monitor End User License Agreement