End user agreement for GetMyLAN
REAL TIME LOGIC
SOFTWARE SERVICE LICENSE AGREEMENT
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT ("LICENSE AGREEMENT") CAREFULLY BEFORE USING THE SOFTWARE. REAL TIME LOGIC LLC AND/OR ITS SUBSIDIARIES ("REAL TIME LOGIC") IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS "YOU" OR "YOUR") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND REAL TIME LOGIC. BY CLICKING THE "ACCEPT" OR "YES" BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE "I DO NOT ACCEPT" OR "NO" BUTTON OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE, AND CONTACT REAL TIME LOGIC CUSTOMER SERVICE FOR INFORMATION ON HOW TO OBTAIN A REFUND OF THE MONEY YOU PAID FOR THE SOFTWARE AT ANY TIME DURING THE SIXTY (60) DAY PERIOD FOLLOWING THE DATE OF PURCHASE.
The software and documentation that accompanies this License Agreement (collectively the "Software") is the property of REAL TIME LOGIC or its licensors, and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. While REAL TIME LOGIC continues to own the Software, after Your acceptance of this License Agreement You will have certain rights to use the Software during the Service Period. The "Service Period" shall begin on the date of Your purchase of the Software License, and shall last for the period of time set forth in the Software License. The Software may automatically deactivate and become non-operational at the end of the Service Period. A subscription for renewals of the Service Period is available via the integrated BarracudaDrive license management application.
This license governs any releases, revisions, updates or enhancements to the Software that REAL TIME LOGIC may make available to You. Such releases, revisions, updates or enhancements to the Software are at additional charge. Your rights and obligations with respect to the use of this Software are as follows.
You may use the free online bulletin board for Your support questions. You will find it at http://barracudaserver.com/bb/
During the Service Period, You may:
1. use one copy of the Software on a single computer. If a greater number of copies and/or number of computers is required, an additional license for each such computer must be purchased.
2. use the Software in accordance with any additional permitted uses set forth below.
You may not:
1. sublicense, rent or lease any portion of the Software.
2. reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software or create derivative works from the Software.
3. separate the components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer, nor otherwise used separately from the other parts.
4. use the Software in any manner that is not permitted pursuant to this license.
5. use it to service more than the number of computer devices for which a License has been purchased.
6. use a private or academic license for business use.
7. for business use, add more users to Your User Database than the number of users for which payment has been made.
8. use this software for any illegal activity, including but not limited to illegal transfers of encrypted information.
B. Software Feature and Content Updates:
Software features and content may be updated from time to time; these updates are collectively referred to as "Software Updates". You shall have the right to purchase Software Updates for the Software at any time.
C. Product Installation. Required Activation:
There may be technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that REAL TIME LOGIC may use these measures to protect REAL TIME LOGIC against software piracy. This Software may contain enforcement technology that limits the ability to install and uninstall the Software on a computer to not more than a finite number of times for a finite number of computers. This License Agreement and the Software containing enforcement technology require activation as further set forth in the Documentation. In the event that You are not able to activate the Software over the Internet, or through any other method specified during the activation process, You may contact REAL TIME LOGIC Customer Support using the information provided by REAL TIME LOGIC during activation.
D. Privacy. Data Protection.
From time to time, the Software will collect certain information from the computer on which it is installed, which may include:
* Information regarding installation of the Software. This information indicates to REAL TIME LOGIC whether installation of the Software was successfully completed and is collected by REAL TIME LOGIC for the purpose of evaluating and improving REAL TIME LOGIC's product installation success rate. This information will not be correlated with any personally identifiable information.
* The name given during initial setup to the computer on which the Software is being installed. If collected, the name will be used by REAL TIME LOGIC as an account name for such computer under which You may elect to receive additional services and/or under which You may use certain features of the Software. REAL TIME LOGIC may disclose the collected information if asked to do so by a law enforcement official as required or permitted by law or in response to a subpoena or other legal process.
E. Sixty (60) Day Money Back Guarantee:
If You are the original licensee of this copy of the Software and are not completely satisfied with it for any reason, please contact REAL TIME LOGIC Customer Service for a refund of the money You paid for the Software at any time during the sixty (60) day period following the date of purchase.
F. Limited Warranty:
REAL TIME LOGIC warrants that for 60 days from purchase, the Software will perform substantially in accordance with the accompanying electronic documentation. Otherwise, we will return the purchase price or repair or replace the Software, at our option. REAL TIME LOGIC does not warrant that the Software will meet Your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
G. Disclaimer of Damages:
SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL REAL TIME LOGIC OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF REAL TIME LOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL REAL TIME LOGIC'S OR ITS LICENSORS' LIABILITY EXCEED THE PURCHASE PRICE FOR THE APPLICABLE SERVICE PERIOD. The disclaimers and limitations set forth above will apply regardless of whether You accept the Software.
H. U.S. Government Restricted Rights:
The Software is deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Software - Restricted Rights" and DFARS 227.7202, "Rights in Commercial Computer Software or Commercial Computer Software Documentation", as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Software by the U.S. Government shall be solely in accordance with the terms of this Agreement.
I. Export Regulation:
You acknowledge that REAL TIME LOGIC products and controlled technology may be subject to the export and import control laws of the United States and any country where the product or controlled technology is manufactured or received. By using REAL TIME LOGIC products and controlled technology You agree that You will not violate any such laws. You agree not to export any REAL TIME LOGIC product or controlled technology to any prohibited country, entity, or person for which an export license or other governmental approval is required. Obtaining necessary licenses and approvals is solely Your obligation. You agree that You will not export or sell any REAL TIME LOGIC product or controlled technology for use in connection with chemical, biological, or nuclear weapons, or missiles capable of delivering such weapons.
This License Agreement will be governed by, and the parties to this Agreement submit to the jurisdiction of, the laws of the State of California, United States of America for enforcement of this Agreement. This License Agreement is the entire agreement between You and REAL TIME LOGIC relating to the Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. Notwithstanding the foregoing, nothing in this License Agreement will diminish any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction that may not be waived by contract. This License Agreement shall terminate upon Your breach of any term contained herein and You shall cease use of and destroy all copies of the Software. The disclaimers of warranties and damages and limitations on liability shall survive termination. The Software is delivered electronically. This License Agreement may only be modified by the Documentation or by a written document that has been signed by both You and REAL TIME LOGIC. Should You have any questions concerning this License Agreement, or if You desire to contact REAL TIME LOGIC for any reason, please write to: REAL TIME LOGIC Customer Service, 729W.16th Street - B7 Costa Mesa, CA 92627, USA.