End user agreement for BrowseControl
END-USER LICENSE AGREEMENT FOR CODEWORK 'BROWSECONTROL'
JUNE 1, 2007
This End-User License Agreement ('EULA') is a legal agreement between you (the 'licensee' either an individual or a single entity) and Codework (UK) Ltd hereinafter referred to as “Codework” for the software product identified above, which includes computer software and may include associated media, printed materials, and 'online' or electronic documentation ('Product'). An amendment or addendum to this EULA may accompany the Product.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT;
COPYRIGHTS and OWNERSHIP:
The Product is protected by copyright and other intellectual property laws and treaties. Codework (UK) Ltd owns the title, copyright, and other intellectual property rights in the Product. Nothing in this License assigns or transfers any copyrights or intellectual property to the Licensee. The Product is licensed, not sold.
BrowseControl contains the following software:
* 'Server Software' provides services or functionality on your BrowseControl server (your computers capable of running the Server Software are 'Servers').
* 'Console Software' provides the user interface for all the functionality of BrowseControl.
* 'Client Software' which facilitates BrowseControl Server to manage client PCs.
GRANT OF LICENSE:
Codework grants the 'Licensee' following rights provided you comply with all terms and conditions of this EULA.
A 'Certificate of License' in the form of a confirmation e-mail will be sent to the Licensee and will identify the Software licensed to Licensee under this License and the type of license(s) and the number of servers and client PC's on which the license may be used.
LICENSE TYPE :
You may install the Server and Console portion of software on any number of systems as per your requirement. You can install it on any systems from where you want to control clients PCs.
(1) Node Licenses: You may install the client portion of the Software on only the number of nodes specified in the Certificate of License. Licensee must purchase a sufficient number of nodes under the terms of this Node License to cover all nodes consumed by the product for the applicable managed computer type. The number and type of Node Licenses purchased will be specified on the Certificate of License. Additional nodes may be purchased if you want to expand the use of the software. Under a Node License, each managed computer is a Licensed Computer.
(2) Site Licenses - Education: Site licenses are granted to accredited education establishments and can be used on unlimited number of console/server/client computers, up to the amount purchased and specified in the Site License Certificate.
(3) Site Licenses – Corporate: Under special circumstances, Codework will grant Site Licenses to corporations. This allows use of the software on unlimited number console/server/client computers, up to the amount purchased and specified in the Site License Certificate.
Definitions and Restrictions
1. RESERVATION OF RIGHTS: Codework reserves all rights not expressly granted to 'Licensee' in this EULA.
2. UPGRADES: To use a Product identified as an upgrade, you must first be licensed for the product identified by Codework as eligible for the upgrade. When you install the Product, the Product replaces the component being upgraded, and you may use the Product in accordance with the terms of this EULA.
3. ADDITIONAL SOFTWARE: This EULA applies to updates or supplements to the original Product provided by Codework, unless we provide other terms along with the update or supplement.
4a.TRANSFER: Internal only. Licensee may move the Software to a different machine, within the organization. You may not transfer or re-sell the product to any other parties.
4b.COPYING: Licensee may make copies of the Software provided that any such copy: (i) is created as an essential step in the utilization of the Software on a Licensed Computer and is used in no other manner and on no computer which is not a Licensed Computer for that Software, or (ii) is only for archival purposes to back-up a Licensed Computer. (iii) Back-up copy for disaster recovery. Licensee may not make any other copies of the Software.
5. Licensee may not rent, lease, share, sublicense, distribute, transfer, translate, timeshare, modify, or reprogram the software. The Licensee may NOT make the software available to others on the internet, or allow others to copy, access or use the software.
6. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY: You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.
7. TERMINATION: Without prejudice to any other rights, Codework may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the Product and all of its component parts.
8. CONSENT TO USE OF DATA: Licensee agrees that Codework and its affiliates may collect and use technical information you provide as a part of support services related to the Product. Codework agrees not to use this information in a form that personally identifies you.
9a. EVALUATION LICENSE: An Evaluation License is a 'limited time,' 'limited user' license that provides the Licensee an opportunity to try the Software before buying a full license. A temporary Certificate of License and temporary activation key will be issued to Licensee for this license. The temporary Certificate of License will specify the number of Licensed Computers, the number of users, and the evaluation period. The Software may only be used on the specified number of Licensed Computers. The Software may only be used for evaluation purposes. The Software is licensed to Licensee only for the specified evaluation period, which will begin on the date that the Software is first downloaded by or delivered to Licensee. At the end of the evaluation period, Licensee must erase all copies of the Software unless a license is purchased as provided above.
9b. NOT FOR RESALE SOFTWARE: Product identified as 'Not for Resale' or 'NFR,' may not be resold, transferred or used for any purpose other than demonstration, test or evaluation.
10. DISCLAIMER OF WARRANTIES: The Limited Warranty is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation or packaging. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Codework and its suppliers provide the Product and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support services.
ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
THIS SOFTWARE IS NOT INTENDED OR LICENSED FOR USE IN ANY HAZARDOUS OR HIGH RISK ACTIVITY
11. LIMITATION OF LIABILITY - EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CODEWORK OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF CODEWORK OR ANY SUPPLIER, AND EVEN IF CODEWORK OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. GOVERNING LAW: This License shall be governed by the laws of the United Kingdom of Great Britain without giving effect to conflict or choice of law principles. The parties agree to exclude application of the 'United Nations Convention on Contracts for the International Sale of Goods' to this License. The parties agree that any litigation between the parties shall be conducted exclusively in the courts of United Kingdom of Great Britain.