End user agreement for VPN Dialer
Onsitehelp.com Software License Agreement
License Revision March 2, 2009
This software and associated documentation are the intellectual property of Onsitehelp.com (OSH). All rights are retained by OSH. You may use the software pursuant to terms of this license agreement.
Backup Copies and Transfer of Binary Images. You may copy the unmodified binary executable of the software any number of times, and transfer them to anyone, but you may not transfer the actual license codes and/or keys to non-licensees. If the binary executable supports a trial mode, you may install it exactly once, for the purpose of determining if it meets your needs, unless granted special permission to extend the trial period.
Trial Period. After the trial period, your options are a) continue using the software for a reasonable limited time with reduced functionality if provided by the software, b) to uninstall the software, c) request special permission to extend the trial period, or d) purchase a product code to enable converting the software from trial mode to fully licensed mode.
Modifications. You may not modify, reverse engineer, or attempt to defeat any mechanism within the software to protect the software from unauthorized use. Such protective mechanisms check for valid license codes and/or keys before the software will operate in normal fully licensed mode.
No Linking. You may not link to components of software for uses not within the scope of the supplied and documented functionality. Specifically, distributed executables which have functionality accessible from the command line are distributed strictly for use by the software distributed, and may not be used from other software without being in breach of copyright. If you wish to use such components, you should make an inquiry about obtaining a special license.
License Scope. The software is licensed on a per-machine, per-seat, per-remote IP address, or per-person basis, as specified in the purchase. You may not install the software on machines in such a way that usage exceeds the scope of specified in the purchase. You may not transfer license keys and/or files to parties outside the scope of the purchased license.
Secondary use. The software does not include secondary use rights, such as the right to use on a mobile computer or home computer, except in where specifically provided in the purchase.
Freeware Versions. If this software is specified as freeware, it is free for any qualified individual or organization to use without obtaining a license, within limits specified. To qualify, the organization or individual must have no outstanding financial balance due and owing to Onsitehelp.com.
Site License. If the license specifies “site license” this means the program may be installed at any number of computers located in the physically contiguous site, belonging to one organization, being licensed. In addition, the program may also be installed on the mobile computers and home computers of people who are officially based in that site, provided the company maintains documentation at all times, available for inspection, specifying who are based out of the site.
Organizational License. If the license specifies “organizational license” this means the program may be installed at any number of computers located in any site belonging to the organization worldwide. In addition, the program may also be installed on the mobile computers and home computers of those officially employed by the organization, provided the company maintains an official list of such employees.
Extranet License. If the license specifies “extranet license” this means the program may be installed in the manner described for Organizational License, but the company may also install the program on computers belonging to individuals and companies who have a provable official business relationship (e.g., vendor, affiliate, customer) with the company. The company must maintain an official list of business associates who qualify for licensure, but this list may refer to other lists (e.g., the company’s official vendors list, customer list, etc.). The business relationship must be of a nature that is not limited to obtaining access to license of this or similar software in exchange for consideration. You must make clear to the users outside of your organization, that their use of the software is covered by an extranet license for your company and they are bound by all the licensing terms that apply. You must also make reasonable effort to notify whose who use the software but who have ceased to be associated with your organization, that since they have ceased to be associated with your organization, they are legally responsible to uninstall the software, or acquire their own license, as the extranet license that previously covered them no longer covers them.
Transfer of License. This software is licensed to the party who purchased the license. You may not rent, lease, or loan the license to another party. An exception is allowed when the computer system or remote IP address to which a license is bound, is temporarily or permanently transferred to another party – in which case the license may be regarded as having been transferred along with the computer system or right to connect to the remote IP address to which the license is bound.
Activation Technology. If this software product uses activation technology, certain information about your system, such as the computer’s name, its security ID, network card MAC addresses, and IP addresses, may be sent to the activation server for the purposes of fixing the product code to the system being licensed. As part of this licensing agreement, you consent to transfer this type of information for the purpose of generating a license file binding the product code to your computer system. You also agree not to circumvent activation protection of the software.
Collection of Setup Options Data. Running a setup wizard with integrated communication with our servers may result in relaying data related to options selected during setup, which are not personally identifiable, to enable us to better understand how the technology is being used. You understand and agree to this type of collection and relaying of data.
Security Related Issues. User agrees and understands that security-related issues related to the manner in which the program is used, is entirely the user’s responsibility. This includes, but is not limited to, the need to secure a computer sufficiently to make it safe to use in a split tunneling configuration when using VPN Dialer.
Warranty. The software is guaranteed to perform according to functionality described in the documentation, where system requirements are met, subject to trial availability exclusion. The maximum amount of the refund is for the original purchase price of the software, regardless of any additional factors which may have caused the licensee to experience additional costs.
Trial Availability Exclusion for Warranty. If the software is distributed with a trial mode, no warranty is provided for the software. For software with trial mode, the user has the responsibility to fully validate the suitability of the software while in trial mode, before committing to the purchase.
Indemnification. The licensee agrees to hold OSH harmless from any claims which may arise in connection with use of the software, including but not limited to direct, incidental, and consequential damages. The software is supplied as-is, and apart from warranty provision of the license agreement, the licensee is not entitled to any compensation for any kind. Licensee agrees that any damage arising out of use of the software, even if the software fails to perform as documented, or causes any adverse effect on licensee’s systems, cannot result in claims against OSH or its authorized resellers. The use of the software is entirely at your risk.
Accounts Receivables. If the purchaser has previous outstanding balance with Onsitehelp.com, any funds remitted to purchase a license may redirected to satisfy previous financial obligations, and any licenses automatically generated in the process of remitting funds declared null and void by Onsitehelp.com. In such a case, purchaser must make arrangements with Onsitehelp.com regarding past due balances, or obtain special written permission to purchase licenses prior to paying past due balances. Any attempt to circumvent this requirement would be considered a breach of license, notwithstanding what may be stated on automatically generated license emails.
VPN Service. User understands that any VPN services purchased through Onsitehelp.com are actually provided by third party VPN service vendors, and that Onsitehelp.com cannot be held responsible for prepaid VPN accounts where the third party vendors go out of business or otherwise ceases to be able to provide VPN services. Notwithstanding this, Onsitehelp.com will make an effort to provide customer with equivalent services in such an event as a matter of good customer service practices in rendering help in extraordinary circumstances beyond its control, but its efforts to provide services shall not under any circumstances be construed as Onsitehelp.com having acquiesced to having the obligation to do so.
VPN Service and Privacy. User understands that orders for VPN service results in creating a paper trail of who has purchased the service, and that Onsitehelp.com is under obligation to provide these records to the ultimate supplier of VPN services upon request. User understands that the ultimate supplier of VPN services may be subject to lawful demand for records if illegal activities are alleged to have occurred through the VPN account. User holds Onsitehelp.com and the ultimate supplier of VPN services harmless from any potential claims arising out of the manner in which such records are released. If user desires additional privacy protection beyond this, the recommendation is to shop for alternative vendors.
Compliance Verification. If you are any type of organization, you agree to supply documentation of license usage and certification of compliance with license terms, upon request from OSH.
Governing Law. This agreement will be governed by and construed in accordance with the substantive laws in force in the state of Nevada, U.S.A.
General Provisions. If any part of this agreement is found to be void and/or unenforceable, this does not affect the enforceability of the remainder of the provisions. If a substantial part of the agreement is found to be void and unenforceable, then the grant of permission to use the software is revoked.