End user agreement for IP Monitor
SOFTWARE LICENSE AND LIMITED WARRANTY
This is an agreement between you, the end user, and Barefoot Productions ("BAREFOOT PRODUCTIONS"). By using this software, you are agreeing to become bound by the terms of this agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE. REMOVE ALL COMPONENTS FROM YOUR SYSTEM AND RETURN THE ENTIRE PACKAGE TO THE PLACE WHERE YOU OBTAINED IT FOR A FULL REFUND.
1. GRANT OF LICENSE. BAREFOOT PRODUCTIONS, as Licenser, grants to you, the LICENSEE, a nonexclusive right to use this copy of a BAREFOOT PRODUCTIONS software program (hereinafter the "SOFTWARE") on a single COMPUTER (i.e. with a single CPU) at a single location so long as you comply with the terms of this License. Each workstation upon which the SOFTWARE is used, whether such workstation is a stand-alone computer, a networked computer or a terminal on a multi-user computer must have a separately licensed copy of the SOFTWARE.
2. SITE AND CORPORATE LICENSE GRANT. If you acquired a "SITE LICENSE" or a "CORPORATE LICENSE", BAREFOOT PRODUCTIONS grants to you the right to use the number of copies of the SOFTWARE for which you have paid. For single-user computers or workstations attached to a network ("Network Stations"), the quantity of the SOFTWARE in use is considered to be the maximum number of Network Stations on which the SOFTWARE is either loaded in memory or virtual memory or stored on a hard disk or other storage device at one time. For a multi-user computer, a use is counted for every session of the SOFTWARE running on the computer. If the anticipated number of users of the SOFTWARE will exceed the number of applicable Licenses for which you have paid, you must have a process in force to assure that the number of concurrent users of the SOFTWARE does not exceed the number of Licenses.
3. OWNERSHIP OF SOFTWARE. BAREFOOT PRODUCTIONS retains the copyright, title and ownership of the SOFTWARE and the written materials of the form or media in or on which the original and other copies may exist. You may make one (1) copy of the SOFTWARE solely for backup purposes. You must reproduce and include the copyright notice on the backup copy. The software, any accompanying printed materials and other supplied materials are owned by BAREFOOT PRODUCTIONS and are protected by copyright, trademark and trade secret laws and international treaty provisions. This software is licensed for use and not sold.
4. TRANSFERS. You may physically transfer the SOFTWARE from one of your computers to another provided that the SOFTWARE is used on only one computer at a time. You may not distribute copies of the SOFTWARE or accompanying written materials to others. You may not transfer the SOFTWARE to anyone without the prior written consent of BAREFOOT PRODUCTIONS. In no event may you transfer, assign, rent, lease, sell or otherwise dispose of the SOFTWARE on a temporary basis.
5. TERMINATION. This license is effective until terminated. This License will terminate automatically without notice from BAREFOOT PRODUCTIONS if you fail to comply with any provision of this License. Upon termination you shall destroy the written materials and all copies of the SOFTWARE, including modified copies, if any.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and any accompanying materials are provided with Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Barefoot Productions, Inc., 1101 W. Enclave Circle, Louisville, CO 80027, USA.
7. LIMITED WARRANTY. BAREFOOT PRODUCTIONS warrants the media on which the SOFTWARE is furnished to be free of defects in material and workmanship, under normal use, for a period of ninety (90) days following the date of delivery to you. In the event of defects, BAREFOOT PRODUCTIONS's sole liability shall be to replace the defective media which has been returned to BAREFOOT PRODUCTIONS or the supplier with your dated invoice and is shown to be defective. In the event that BAREFOOT PRODUCTIONS is unable to replace defective media, BAREFOOT PRODUCTIONS shall refund your money upon your termination of this license.
8. DISCLAIMER OF WARRANTIES. BAREFOOT PRODUCTIONS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. BAREFOOT PRODUCTIONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT EVEN IF BAREFOOT PRODUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Should any other warranties be found to exist, such warranties shall be limited in duration to ninety (90) days following the date of delivery to you. In no event will BAREFOOT PRODUCTIONS's liability for any damages to you or any other person exceed the amount paid for the license to use the SOFTWARE.
11. This license shall be governed and construed in accordance with the laws of the State of Colorado and shall benefit BAREFOOT PRODUCTIONS, its successors and assigns.
12. TERMINATION OF LICENSE. The License will terminate automatically if the Licensee fails to comply with any provisions of the License or upon transfer of the software and documentation.
13. ACKNOWLEDGEMENT. The Licensee acknowledges that the Licensee has read the Agreement in full, has fully understood its terms and agrees to be bound thereby. The Agreement contains the complete and exclusive agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties and supersedes all proposals or prior agreements, oral and written, and any other communications between the parties relating to the subject matter of the Agreement.
Copyright © 1997-2005 Barefoot Productions, Inc. All Rights Reserved.