End user agreement for IPAppmon
END-USER LICENSE AGREEMENT(EULA) FOR IPAppmon(C) v4.5.12
IMPORTANT READ CAREFULLY: This IP Worx End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and IP Worx for the IP Worx software product identified above, which includes computer software and associated media and printed materials (if any), and may include online or electronic documentation (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.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
Use and Copy. IP Worx grants to you the right to use copies of the SOFTWARE PRODUCT only on a number of computers for which you have licenses. You may also make copies of the SOFTWARE PRODUCT for backup and archival purposes.
a)You must maintain all copyright notices on all copies of the SOFTWARE PRODUCT.
b)You may not distribute copies of the SOFTWARE PRODUCT or Serial Registration Information to third parties.
c)You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT.
d)You may not rent or lease the SOFTWARE PRODUCT.
e)You must comply with all applicable laws regarding the use of the SOFTWARE PRODUCT.
f)You may not send unsolicited bulk email with the SOFTWARE PRODUCT.
3. TERMINATION. Your rights under this EULA terminate without prejudice to any other rights, IP Worx 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.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT and any copies thereof are owned by IP Worx or its suppliers.
5. BULK EMAIL RESTRICTIONS.
You agree that you will not send unsolicited bulk email with the SOFTWARE PRODUCT. Sending unsolicited Bulk Email with this software is (but not limited to); cause for your license to be revoked immediately and without refund or notice, cause to be reported to your provider; cause to be reported to authorities, and cause for civil action. The sole opinion of IP Worx, as to what constitutes a violation of this clause, will be absolute.
6. 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 USA export restrictions. You warrant and represent that neither the USA Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.
7. NO WARRANTY. ANY USE OF THE SOFTWARE PRODUCT IS AT YOUR OWN RISK. To the maximum extent permitted by applicable law, IP Worx and its suppliers disclaim all warranties and conditions, either expressed or implied, including, but not limited to, implied warranties of merchantability, and fitness for a particular purpose.
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
To the maximum extent permitted by applicable law, in no event shall IP Worx or its suppliers 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 or inability to use the software product, even if IP Worx 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.
9. APPLICABLE LAWS: Any claim arising under or relating to this Agreement shall be governed by the internal substantive laws of the State of Oklahoma or federal courts located in Oklahoma without regard to principles of conflict of laws.
10. LIMITATION OF LIABILITY. Except for third party claims of infringement, IP Worx' entire liability and your exclusive remedy under this EULA shall not exceed five dollars (USD $5.00).
11. INDEMNIFICATION: IP Worx warrants that the Software and related documentation do not infringe on any patents, copyrights or trademarks or constitute misappropriation of third party proprietary information. IP Worx will indemnify and hold you harmless against any claim that the Software infringes on or was created in whole or in part by violation of copyright, patent, trade secret or other intellectual property right, provided that: (a) You promptly notify IP Worx of the claim; (b) IP Worx has primary control of the defense provided that you shall have full right to participate in the litigation and in all settlement negotiations. You shall further have the right to settle any such claim without IP Worx' approval solely on your own behalf under such claim, provided that any such settlement shall be non-binding upon IP Worx and shall not in any manner prejudice IP Worx's defenses to any claims by you; and (c) You provide IP Worx with reasonable assistance, information and authority in the litigation.