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ShadowServer provides security and instant recovery for Windows servers
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ShadowServer manufacturer description
Web Server Defacement and Server Security Issues - Eliminate them with StorageCraft ShadowServer 2.5
StorageCraft ShadowServer Data recovery provides high availability for servers so that downtime and the associated costs are held to a minimum. ShadowServer download provides a full system recovery in as fast as it takes to reboot. ShadowServer is your first line of defense, reducing the time and cost required to re-install the operating system, restore from an image or recover from a tape backup. Avoid web server defacement, security leaks and other issues that cause server downtime.
Prevent spyware and malware
Avoid viruses, worms and trojans
Test software installations and updates safely
Preserve orginial system configuration and performance
Reduce Total Cost of Ownership
StorageCraft's unique approach allows you to activate ShadowMode which takes an exact snapshot of your server and runs a virtual twin. Your server runs as it always has, allowing you to serve up web pages, run applications or offer file and print services. If your server has any problems simply reset the system and restore it immediately back to your original, optimal state.
There are many solutions on the market today that are trying to solve problems with viruses and worms, spyware and other malicious or unwanted server changes. The problem with these approaches are constant updates are required, fixes aren't available until the virus, worms, spyware or other malicious and unwanted changes have already been written to your server and damaged your system.
The StorageCraft ShadowMode approach eliminates these problems before they ever get to your server. Our unique approach provides "Disaster Prevention", eliminating security, data protection and disaster recovery problems before they occur. Avoid server downtime, maintain optimal performance and reduce TCO of server maintenance and support. Most importantly, maximize server uptime to keep your business running smoothly.
intrusion, server protection, server security, server recovery, disaster recovery, spyware, privacy, internet, internet tools, disaster prevention, snapshot, system utilities, virtual, virtual server
What is new in 2.5 changeinfo log
Persistence - continue a ShadowMode session through system reboots
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||DownloadAtlas.com guarantees that ShadowServer was tested by antivirus program and is absolutely clean, which means it does not contain any form of malware, including computer viruses, adware, trojans, spyware, rootkits, badware and other malicious and unwanted software.
shadowserver_trial.exe - CLEAN
Do you like ShadowServer ? Move mouse cursor over the buttons and just copy one of those links, paste the code you copied right where you want on your blog or website.
SOFTWARE REDISTRIBUTION LICENSE AGREEMENT
This Software Redistribution License Agreement is entered into this _______ day of ___________, ________(“Effective Date”) between StorageCraft Technology Corporation, a Utah corporation having its principal place of business at 180 West Election Road, Suite 230, Draper, UT 84020, hereinafter (“StorageCraft”) and _________________________________________________________________ (Distributor Name) _________________________________________________________________ (Address) ________________________________________________________________, (City) (State) (Zip Code) hereinafter ("Distributor"). BACKGROUND StorageCraft is in the business of developing and licensing proprietary software products. StorageCraft desires to grant Distributor a royalty-free, non-exclusive, non-transferable, worldwide license to redistribute to End Users Trial Versions of the StorageCraft Products included at Exhibit “A” of this Agreement (hereinafter "StorageCraft Products") subject to the terms and conditions of the license granted under this Agreement. Distributor desires to be granted a redistribution license to redistribute to End Users Trial Versions of the StorageCraft Products included at Exhibit “A” of this Agreement, subject to the terms and conditions of the license as granted under this Agreement. StorageCraft and Distributor intend that the redistribution of the Trial Versions of StorageCraft Products by Distributor under the license granted by this Agreement will be a royalty free (free distribution license), under the license granted by this Agreement, to provide Trial Versions of all StorageCraft Products listed at Exhibit "A" without the requirement that Distributor pay any royalty to StorageCraft in conjunction with the redistribution of such StorageCraft Products. NOW, THEREFORE, StorageCraft and Distributor agree as follows:
1.1 “Agreement” means this Software License Agreement, including all exhibits attached hereto.
1.2 “StorageCraft” means StorageCraft Technology Corporation, a Utah corporation.
1.3 “StorageCraft Software” means any StorageCraft Product listed at Exhibit “A.”
1.4 “Distributor” means the party designated "Distributor" by this Agreement and granted a license under the terms and conditions of this Agreement. The Distributor seeks to engage in the business of redistributing StorageCraft Products.
1.5 “Customer” means any End User who receives by redistribution from Distributor a Trial Version of any StorageCraft Product listed at Exhibit “A” of this Agreement.
1.6 “Documentation” means the documents or other information pertaining to any StorageCraft Product Trial Version, which is redistributed by Distributor to End Users under the license granted to Distributor pursuant to this Agreement. Documentation includes the User Manual for a StorageCraft Product that is incorporated in the Trial Version of the particular Product or otherwise available to the Trial Version End User by download from StorageCraft’s website.
1.7 "Exhibit A" means the attachment to this License Agreement titled StorageCraft Products and listing all StorageCraft Products covered by the redistribution license granted under this Agreement.
1.8 "Free Distribution License" means the royalty free redistribution license granted by StorageCraft to Distributor under the terms and conditions of this Agreement.
1.9 “Trial Version End User” means the recipient of a Trial Version of a StorageCraft Product pursuant to the redistribution activity of Distributor. A Trial Version End User must accept the StorageCraft EULA prior to installing the specific StorageCraft Product.
1.10 "EULA" means the StorageCraft End User License Agreement that must be accepted by a Trial Version End User prior to installation of the specific StorageCraft Product.
1.11 “Program” means the most current commercially available version of each of StorageCraft’s Product listed at Exhibit "A," which Distributor is licensed to redistribute under this Agreement including additional StorageCraft Products licensed to Distributor under a subsequent amendment hereto.
1.12 “Program Copy” means a copy of a Trial Version of a StorageCraft Product in media form (e.g., hard disk, CD/DVD) or a copy obtained by means of an electronic download) which Trial Version copy is redistributed on a stand-alone basis or included in a bundled set of Trial Version programs consisting of one or more StorageCraft Products and may include bundles that incorporate one or more third party software products to be redistributed by Distributor to its Customers.
1.13 “Redistributor” means a Distributor granted a redistribution license under this Agreement to distribute Trial Versions of StorageCraft Products to End Users.
1.14 "StorageCraft Products" means all StorageCraft Products covered by this Agreement and listed at Exhibit "A."
1.15 "Trial Version" means the version of a specific StorageCraft Product that is provided to an End User for trial evaluation and which functions for a period of thirty (30) days from installation, after which it "times out" and becomes inoperable.
1.16 "System Builder Install Version" means a special build of a Trial Version for a StorageCraft Product listed at Exhibit "A" that enables the Distributor to install a desk top icon on hardware manufactured or configured by Distributor for use by the hardware customer as a shortcut to the regular StorageCraft Product install program.
1.17 "Redistribution Install Packages" means the install packages provided by StorageCraft to Distributor to support a specific redistribution program of Distributor. The StorageCraft install packages available to Distributor are described at Section 2.1, 2.2 and 2.3 of this Agreement. 2. RIGHTS GRANTED TO
2.1 License Granted. StorageCraft hereby grants to Distributor a royalty-free, non-exclusive, non-transferable, worldwide license to redistribute copies and/or electronic downloads of Trial Versions of StorageCraft Products included at Exhibit "A" of this Agreement, without charge or other fee to End Users, subject to the terms and conditions of this Agreement. Distributor is authorized and licensed to redistribute all StorageCraft Products included at Exhibit "A" employing one or more of the redistribution methodologies described below.
2.2 Redistribution by System Builders. Distributor is granted the right to copy and install StorageCraft Products on hardware configured and distributed by Distributor to End User Customers. Hardware Distributors are granted the right to install on such hardware a copy of the System Builder Version of the particular StorageCraft Product. This install version will create a desktop icon useable by Customer as a shortcut to the regular install function of the product. The StorageCraft Product installed on the Distributor's hardware will load and present StorageCraft's End User License Agreement (EULA). This EULA must be accepted by the potential Trial Version End-User as a condition prior to installation of such Trial Version copy of the software.
2.3 Redistribution by CD/DVD Copies. Distributor is granted the right to copy and package for redistribution on CD/DVD media an installable Trial Version of all StorageCraft Product listed at Exhibit "A" as stand alone Trial Versions or bundled with other StorageCraft Products. The Distributor is also granted the right to copy and bundle the Trial Version of one or more StorageCraft Products listed at Exhibit "A," together with one or more Trial Versions of software products developed and/or republished by third parties. Trial Versions of a StorageCraft Product redistributed by Distributor on CD/DVD media will present the StorageCraft End User License Agreement (EULA) prior to installation of the product. This EULA must be accepted by the potential Trial Version End-User as a prior condition to installation of such Trial Version copy of the product.
2.4 Redistribution by Download of Software. Distributor is granted the right to provide by electronic download from the Distributor's website a Trial Version of any StorageCraft Product listed at Exhibit "A." The Trial Version of a StorageCraft Product redistributed by Distributor by electronic download from its website will present the StorageCraft's End User License Agreement (EULA). This EULA must be accepted by the potential Trial Version End-User as a prior condition to installation of such Trial Version copy of the product. 2.5 No Final Licenses Distributed. The license granted to Distributor under this Agreement is limited to redistribution of a Trial Version of the StorageCraft Products listed at Exhibit "A." Distributor is not authorized to distribute or otherwise provide a final End User License to any StorageCraft Product to any party. Distributor will not be entitled to any revenue derived by StorageCraft from sale of a Final Version License made to a Distributor's Trial Version customer.
TRIAL VERSION LICENSE
3.1 Distributor is granted the right and otherwise authorized to redistribute a Trial Version copy of all StorageCraft Products listed at Exhibit "A." All Trial Versions of such Products shall have the following characteristics.
3.1.1 The Trial Version of the Product will present an End User License Agreement (EULA) to the potential End User prior to installation. The potential End User must accept the terms and conditions of the Trial Version License as a condition to proceeding with installation of the Trial Version Product.
3.1.2 The Trial Version will operate for thirty (30) days from the time of installation and, after the expiration of the thirty day period, will "time out" and immediately become inoperable. 3.1.3 At the time of expiration of the Trial Version, the End User will be notified, as a feature of the Trial Version, that a final license is available for purchase at the StorageCraft website.
4.1 Provide Installs of Trial Versions. StorageCraft shall provide to Distributor, at no cost, all installs of StorageCraft Products listed at Exhibit "A." Such Product installs shall support the specific redistribution method or methods employed by Distributor for providing the Trial Version of StorageCraft Products as described at paragraphs 2.1, 2.2 and 2.3 of this Agreement. Distributor shall be solely responsible for all costs associated with the redistribution methodology selected by Distributor. A Distributor may use one or more of the redistribution methods described at Section 2.1, 2.2 and 2.3 of this Agreement.
4.2 StorageCraft's Points of Contact. StorageCraft has provided at Exhibit "B," Points of Contact, available to Distributor to assist Distributor in conducting the redistribution program licensed under this Agreement.
4.3 Documentation. StorageCraft shall be responsible for providing documentation in the form of a User Guide for each StorageCraft Product listed at Exhibit "A." The User Guides will, at StorageCraft's discretion, be incorporated in the particular Trial Version Install provided to Distributor for redistribution or be provided as a downloadable PDF file at StorageCraft's website.
4.4 End User Support. Distributor will provide End Users with the support normally provided by StorageCraft to Trial Version End Users consisting of frontline support available from StorageCraft's CRM and email-based assistance. All End User support requests received by Distributor will be referred to StorageCraft. Distributor is under no obligation to provide any Trial Version End User support or training for any StorageCraft Product.
WARRANTIES, REPRESENTATIONS AND COVENANTS
5.1 StorageCraft warrants, represents and covenants to Distributor as follows with respect to the Trial Version of the StorageCraft Products listed at Exhibit "A" and acknowledges that Distributor is relying on such warranties, representations and covenants in entering into this Agreement and the transactions contemplated in this Agreement:
5.1.1 EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE STORAGECRAFT PRODUCTS LISTED AT EXHIBIT "A" ARE PROVIDED AND LICENSED "AS IS" AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW OR OTHERWISE, REGARDING THEM, OR ANY OTHER PRODUCT OR SERVICE PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. STORAGECRAFT DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING BUT NOT LIMITED TO STATEMENTS REGARDING PERFORMANCE OF THE STORAGECRAFT PRODUCTS, WHICH IS NOT CONTAINED IN THIS AGREEMENT, SHALL BE DEEMED TO BE A WARRANTY BY STORAGECRAFT. THERE IS NO IMPLIED WARRANTY OF NON-INFRINGEMENT.
5.1.2 NO AGREEMENTS VARYING OR EXTENDING THE FOREGOING WARRANTIES OR LIMITATIONS WILL BE BINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF BOTH PARTIES.
5.1.3 Distributor will give and make no warranties or representations on behalf of StorageCraft as to quality, merchantable quality, fitness for a particular use or purpose or any other features of the StorageCraft Software; and Distributor shall not incur any liabilities, obligations or commitments on behalf of StorageCraft, including, without limitation, any variation of the Trial Version End User License.
TERM OF AGREEMENT
6.1 This Agreement shall commence on the Effective Date and shall continue, unless it is terminated in accordance with the provisions of Section 7, for such period as StorageCraft shall continue to sell the specific version of each StorageCraft Product designated at Exhibit "A."
7.1 This Agreement may be terminated by either party, without cause, by providing the other party thirty (30) days written notice of its intent to terminate the Agreement. Upon termination of this Agreement the License granted to Distributor pursuant to this Agreement shall terminate.
PROTECTION OF SOFTWARE
8.1 Distributor shall not under any circumstances attempt to or actually decompile, decipher, disassembled, reverse engineering or otherwise determine the
source code and content of any StorageCraft Product listed at Exhibit "A." Distributor shall not knowingly permit others to engage in the prohibited activities listed above in this section.
9.1 Each party (hereinafter the “receiving party”) acknowledges and agrees that any business and technical information provided to the receiving party by the other party (hereinafter the “disclosing party”) hereunder constitutes the confidential and proprietary information of the disclosing party, and that the receiving party’s protection thereof is essential to this Agreement and a condition to the receiving party’s use and possession thereof. The receiving party shall retain in strict confidence and not disclose to any third party, including the terms and conditions of this Agreement, (except as authorized by this Agreement) without the disclosing party’s express written consent, any and all such information. Distributor acknowledges and agrees that the StorageCraft Product Source Code, design, product development, roadmap, marketing plans, personnel, product research and other technical information, is the confidential and proprietary information of StorageCraft.
9.2 The receiving party shall be relieved of this obligation of confidentiality to the extent any such information:
9.2.1 was in the public domain at the time it was disclosed or has become in the public domain through no fault of the receiving party;
9.2.2 the receiving party can prove was known to the receiving party, without restriction, at the time of disclosure as shown by the files of the receiving party in existence at the time of disclosure;
9.2.3 is disclosed by the receiving party with the prior written approval of the disclosing party;
9.2.4 the receiving party can prove was independently developed by the receiving party without any use of the disclosing party's confidential information and by employees or other agents of the receiving party who have not had access to any of the disclosing party's confidential information, or
9.2.5 become known to the receiving party, without restriction, from a source other than the disclosing party without breach of this Agreement by the receiving party and otherwise not in violation of the disclosing party's rights.
STORAGECRAFT COPYRIGHT AND TRADEMARK
10.1 Distributor acknowledges that all StorageCraft Products listed at Exhibit "A" of this Agreement are the intellectual property of StorageCraft and that StorageCraft is the owner of all copyright interests in all such Products. Distributor further acknowledges that all names, logos, copy lines and tag lines ( included at Exhibit "C" are the trademarks of StorageCraft and that Distributor has no rights in any trademark therein listed.
LIMITATION OF LIABILITY
11.1 To the maximum extent allowed by law, StorageCraft is not liable for any indirect, incidental, special or consequential damages, including the loss of profits, revenue or data.
12.1 Neither this Agreement, nor any rights, licenses nor obligations hereunder, may be assigned by either party without the prior written approval of the non-assigning party.
13.1 All notices between the parties shall be in writing and shall be deemed to have been given if personally delivered or sent by certified or registered mail (return receipt required) or faxed to the addresses set forth as follows: If to StorageCraft: StorageCraft Redistribution Program 180 West Election Road, Suite 230, Draper, UT 84020 If to Distributor: _____________________________________ (Name) _____________________________________ (Address) _____________________________________ Notices shall be deemed effective upon receipt.
14.1 Non-exclusivity. Nothing in this Agreement shall prevent either party from entering into a similar agreement with any other party. This Agreement shall not be construed to restrict either party from engaging in any activities with respect to the other party's competitors' products or services.
RELATIONSHIP OF THE PARTIES
15.1 The parties hereto expressly understand and agree that each party is an independent contractor in the performance of each and every part of this Agreement.
16.1 This Agreement shall be governed by the laws of the State of Utah.
17.1 Any term or provision of this Agreement held to be illegal or unenforceable shall, if possible, be interpreted so as to be construed as valid, but in any event the validity or enforceability of the remainder hereof shall not be affected.
18.1 Distributor understands that StorageCraft is subject to regulation by agencies of the U.S. government, including the U.S. Department of Commerce, which prohibits export or diversion of certain technical products to certain countries. Distributor warrants that it will comply in all respects with the export and re-export restrictions applicable to the technology and documentation licensed hereunder.
19.1 The waiver of, or failure to enforce, any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default.
20.1 This Agreement, along with Exhibits "A," "B" and "C" attached hereto which are incorporated herein by reference, sets forth the entire Agreement between the parties and supersedes any and all prior proposals, agreements and representations between them, whether written or oral. This Agreement may be changed only by mutual agreement of the parties in writing. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by duly authorized officers or representatives as of the Effective Date. StorageCraft By: _________________________________ Curt James, VP Business Development
Distributor By: __________________________________ __________________________________ (title)
Doc Version 1.0
EXHIBIT "A" STORAGECRAFT PRODUCTS Product Name Version Licensed By This Agreement ShadowSurfer™ ,ShadowUser™, ShadowServer™
EXHIBIT "B" STORAGECRAFT POINTS OF CONTACT Distributor Problem/Issues Primary Contact partners@StorageCraft.com Re: Redistribution License Program 180 West Election Road, Suite 230, Draper, UT 84020. Technical Issues at support@StorageCraft.com
EXHIBIT "C" STORAGECRAFT TRADEMARKS AND COPYRIGHTS Distributor acknowledges that the following are trademarks of StorageCraft:
F. StorageCraft logo
G. ShadowSurfer logo
H. ShadowUser logo
I. ShadowServer logo
J. StorageCraft tag line "Leading the Way to Safer Computing" K. ShadowSurfer tag line "Safe & Secure Web Surfing"
L. ShadowUser tag line "The Ultimate Solution for Your PC" M. ShadowSaver tag line "Your Server's First Line of Defense" Distributor recognizes that the following are Copyrighted property of StorageCraft.
A. ShadowSurfer™ - Software and Documentation including User Guide
B. ShadowUser™ - Software and Documentation including User Guide
C. ShadowServer™ - Software and Documentation including User Guide
End user agreement for ShadowServer
StorageCraft Technology Corporation™
End-User License Agreement
ShadowServer Version 2.5
IMPORTANT - NOTICE TO USER: READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE THAT ACCOMPANIES THIS LICENSE AGREEMENT.
This End-User License Agreement (License Agreement) is a legal agreement between you and StorageCraft Technology Corporation (STC). StorageCraft is a trademark of STC. ShadowServer is a copyrighted software product of STC. As used in this License Agreement, the term "Software" means ShadowServer Version 2.5. It is important that you read this document before installing or using the Software and any accompanying Documentation, including without limitation, the User Guide, other printed materials, online or electronic documentation (Documentation). STC provides the Software and Documentation to you under one of the following transactions, including trial or purchase transactions. All of the transactions are subject to and governed by this License Agreement which is presented with an appropriate title for each transaction type and presents the identical terms and conditions for acceptance or non-acceptance of the License Agreement:
1. Evaluation (Trial) License (see Section 3(a)).
2. Full (Continuing) License - Download Version (see Section 3(b)).
3. Full (Continuing) License - Packaged/Boxed Version (see Section 3(c)).
4. Volume License (see Section 3(d)).
5. Multiple License Package (see Section 3(e)).
The Software provided to you under any of the free trial or purchase transactions listed above is subject to all of the terms and conditions of this License Agreement. In all cases, you will be required to accept this License Agreement as a condition to installing and/or using the Software and Documentation. With respect to the Full (Continuing) License - Download Version, download by you constitutes acceptance of this License Agreement even if you fail to install the Software.
By clicking the "I Accept" radio button at the bottom of this License Agreement, you agree to be bound by the terms and conditions of this License Agreement including, without limitation, the Limited Warranty, Disclaimer of Warranties and Limitation of Liability provisions whether you are granted a 15-day Evaluation (Trial) License or a Full (Continuing) License under this License Agreement. If you do not agree to all of the terms and conditions of this License Agreement, click the "I Do Not Accept" radio button at the bottom of this License Agreement and in such case you are not licensed to use the Software and you must destroy any downloaded copies of the Software and Documentation in your possession or control. If you have purchased a packaged/boxed version of the Software and Documentation and decline to accept this License Agreement, you are entitled to return the Software and Documentation to the place of purchase within thirty (30) days (at your expense) and receive a refund of your purchase price. If you install or otherwise use the Software provided under any trial or purchase transaction, your conduct constitutes acceptance of this License Agreement and you will be bound by all of its terms and conditions. You may access our website at www.StorageCraft.com/legal to download and print a copy of this License Agreement for your files.
1.PROPRIETARY RIGHTS. This is a license and not a sale. The Software and Documentation are proprietary products of STC and are protected under United States copyright laws and international treaty provisions and nothing in this License Agreement constitutes a waiver of STC’s rights under U.S. or international copyright law or any other law. Ownership of the Software and Documentation and all copies, modifications, translations, and merged portions thereof shall at all times remain with STC, including all copyrights, patent rights, trade secret rights, trademarks and other intellectual property rights therein. Your rights to use the Software are specified in this License Agreement and STC retains all rights not expressly granted to you in this License Agreement. All copies of the Software and Documentation authorized hereunder are to be used solely for backup or archival purposes and must contain the same proprietary notices that appear on and in the Software and Documentation.
2.GRANT OF LICENSE. Subject to the payment of the applicable license fees and subject to the terms and conditions of this License Agreement, STC hereby grants to you a non-exclusive, non-transferable license to use the Software and its Documentation. YOUR USE IS SPECIFICALLY LIMITED TO THE USE GRANTED UNDER THIS LICENSE AGREEMENT. You may not sublicense, lease, sell or otherwise transfer the Software or Documentation to any other person. You may use the Software and Documentation only for your own personal use if you are an individual or for your own internal business purposes if you are a business.
a.Single-User, Single Computer License. If you have downloaded a trial version or purchased a single-user, single computer license as described in Section 3, you may use one copy of the Software and its Documentation. You may install one copy of the Software on one computer owned or leased by you. You may physically install the Software on another computer provided that any previously installed copies of the Software are removed and destroyed. This License may not be assigned or otherwise transferred without prior written consent from STC except where such transfer is allowed under Section 5. Any unauthorized transfer is null and void.
b.Volume License. If the Software is licensed to you under Volume License terms specified in an accompanying Volume License Certificate for the Software, as described in Section 3(d), you may make, use and install as many additional copies of the Software on the number of computers as the Volume License Certificate specifies. You must have a reasonable mechanism in place to ensure that the number of computers on which the Software has been installed does not exceed the number of licenses you have been granted. Under the Volume License Certificate you are authorized to make or download one copy of the Software and Documentation for each copy authorized by the Volume License Certificate, provided that all of the proprietary notices are included in their original form.
c.Evaluation Period Use. You may install and use the Software on an evaluation basis for fifteen days, subject to the terms and conditions of the Evaluation (Trial) License, as described in Section 3(a) of this License Agreement. At any time during the evaluation period you may elect to terminate your use of the Software without obligation to purchase a license.
d.Backup Copy. In addition to any copies authorized under this License Agreement, you may make a single copy of the Software solely for backup or archival purposes provided that the copy you make contains all of the Software's proprietary notices as provided to you.
e.Updates and Support. You are entitled to receive technical support as outlined in the Technical Support section of the ShadowServer User Guide. You are entitled to download Software updates or miscellaneous releases for the Software (Version 2.5 Pro Edition) at: www.StorageCraft.com/support.html when and as STC publishes them and to the extent that such items do not constitute a new version of the Software that requires a separate License Agreement.
f. Uninstall and Reinstall. You may uninstall the software using the Uninstall feature provided with the software and relocate such software to a separate computer provided that the software is installed and operational on only one computer at any given time.
3.STC License Programs. You have been provided this License Agreement for the Software under one of the following STC License Programs:
a.Evaluation (Trial) License. If you have downloaded the 15-day Evaluation (Trial) Version of the Software from the StorageCraft webstore or from another download provider, this section of the License Agreement applies to that transaction and your right to install and use the Software and Documentation. When you initiate the installation process, you will be presented with this License Agreement and an opportunity to review such License Agreement. To accept all of the terms and conditions of this License Agreement, you must click the radio button labeled “I Accept” provided at the bottom of the License Agreement before you can install the Software. If you do not agree to all terms and conditions of the License Agreement, click the radio button labeled “I Do Not Accept,” in which case the Software will not be installed and you will not be licensed to use the Software. By clicking the radio button labeled “I Accept” and installing the Software, you agree to be bound by all terms and conditions of this License Agreement for the Software and Documentation. Installation and use of the Software constitutes a separate and additional acceptance of this License Agreement for the Software. This License Agreement grants you the right to install and use the Software and Documentation on an evaluation basis for a period of not more than fifteen (15) days from download, after which the Software will "time out" and cease to function unless you have purchased a Full (Continuing) License. If the Software "times out" and you fail to purchase a Full (Continuing) License, you must destroy all copies of the Software and Documentation. At any time during the evaluation period you may elect to terminate your use of the Software without obligation to purchase a License Agreement.
You may purchase a Full (Continuing) License for the Software from the StorageCraft webstore. You are entitled to purchase a unique serial number that is your (Activation Key) that renders the Software fully operable. You agree to use this Activation Key to enable only one working copy of the Software to work exclusively on only one computer, to keep this Activation Key private and not divulge, distribute, exchange, publish or furnish it to any other parties. You also agree you are liable for all damages incurred by STC including, but not limited to, loss of sales, loss of revenue and legal fees resulting from breach of this provision.
By accepting this Evaluation (Trial) License, you agree that subsequent conversion of the Evaluation (Trial) License to a Full (Continuing) License, based on your purchase and installation of the Activation Key, imposes on you and you agree to accept all terms and conditions of this License Agreement, including the terms and conditions applicable to the Full (Continuing) License under this License Agreement. Further, you also agree that in accepting the terms and conditions of the Evaluation (Trial) License you simultaneously agree to accept and adopt the terms and conditions of the Full (Continuing) License Agreement if you convert the Evaluation (Trial) License by your purchase of a unique serial number (Activation Key) that enables the Full (Continuing) License.
b.Full (Continuing) License Download. This License Agreement applies if you have downloaded the Software (Continuing) License from the StorageCraft webstore or from another authorized download provider or if you have purchased from STC the unique serial number (Activation Key) enabling and converting the Evaluation (Trial) License to the Full (Continuing) License. You have previously agreed to accept, as a condition to installing the Evaluation (Trial) License of the Software, all the terms and conditions of the Full (Continuing) License Agreement if you purchase from STC a Full (Continuing) License in the form of a unique serial number (Activation Key.) Further, you have agreed to adopt by such installation of the Activation Key all of the terms and conditions of this License Agreement. See Section 3(a) of this License Agreement. Installation and use of the Software constitutes a separate and additional acceptance of this License Agreement. You agree that by downloading the Software you accept the terms and conditions of the License Agreement, even if you fail to install the Software.
c.Full (Continuing) License – Packaged/Boxed Version. This License Agreement applies if you have purchased Software in a package/box that contains the Software on a CD-ROM, a User Guide, a unique serial number identifying the purchase (Activation Key) enabling you to install and use the Software. In conjunction with your installation of the Software, you will be required to either accept or decline to accept this License Agreement. To accept this License Agreement, click the radio button labeled “I Accept” at the bottom of this License Agreement. By clicking the "I Accept" button, you agree to be bound by all terms and conditions of this License Agreement. Use of the Activation Key issued to you and installation and use of the Software also constitute additional conduct accepting this License Agreement. As a term of this License Agreement, You agree to use this Activation Key to enable only one working copy of the Software to work exclusively on only one computer, to keep this Activation Key private and not divulge, distribute, exchange, publish or furnish it to any other parties. You also agree that you are personally liable for all damages incurred by STC including, but not limited to, loss of sales, loss of revenue and legal fees resulting from breach of this provision. If you do not agree to all terms and conditions of the License Agreement, click the radio button labeled “I Do Not Accept,” in which case STC does not grant you a license. In such event, you are entitled to return the complete package containing the CD-ROM, User Guide and Activation Key to the place of purchase for a full refund. By returning the Software, Activation Key and Documentation for a refund you represent that you have uninstalled the Software, kept no copies of the Software and have not shared the Software or your Activation Key with any third party.
d.Volume License. STC provides a Volume License authorizing the purchaser to make multiple copies of the Software and Documentation. This product is sold at StorageCraft's webstore as a download (electronic) version or as a packaged/boxed product. The packaged/boxed product is also sold by STC dealers, distributors or representatives. The download version consists of a License Certificate with a unique serial number identifying the purchase, (Activation Keys) in a number equivalent to the number of Software copies authorized by the License Certificate. The Volume License also allows the licensee to make one copy of the Documentation for each authorized copy of the Software. The packaged/boxed version includes a a CD-ROM containing a copy of the software, a printed License Certificate bearing a unique serial number identifying the purchase (Activation Keys) in a number equivalent to the number of Software copies authorized by the License Certificate and a copy of the User Guide. This License Agreement applies to both the download (electronic) and the packaged/boxed purchases. The licensee accepts the Volume License and this License Agreement by downloading or taking physically delivery of such product and retaining the product for more than ten (10) days after the date of purchase. Each copy of the Software made by the licensee under this license requires acceptance of this License Agreement as a condition to installation under the same acceptance or non-acceptance procedure defined above in either Section 3(b) - Full (Continuing) License Download or Section 3(c) - Full (Continuing) License - Packaged/Boxed Version.
e.Multiple License Package. STC provides a Multiple License Package authorizing the licensee to make multiple copies of the Software and Documentation. This product is sold at StorageCraft's webstore as a download (electronic) version or as a packaged/boxed product. The packaged/boxed product is also sold by STC dealers, distributors or representatives. The download version consists of a License Certificate with a unique serial number identifying the purchase, (Activation Keys) in a number equivalent to the number of Software copies authorized by the License Certificate. The Multiple License Package also allows the licensee to make one copy of the Documentation for each authorized copy of the Software. The packaged/boxed version includes a CD-ROM containing a copy of the software, printed License Certificate bearing a unique serial number (Activation Keys) in a number equivalent to the number of Software copies authorized by the License Certificate and a copy of the User Guide. This License Agreement applies to both the download (electronic) and packaged/boxed purchases. The licensee accepts the Multiple License Package and this License Agreement by downloading or taking physical delivery of such product and retaining the product for more than ten (10) days after the date of purchase. Each copy of the Software made by the licensee under this license requires acceptance of this License Agreement as a condition to installation under the same acceptance or non-acceptance procedure defined above in either Section 3(b) - Full (Continuing) License Download or Section 3(c) - Full (Continuing) License - Packaged/Boxed Version.
4.TERMINATION. This License Agreement is effective until terminated. You may terminate this License Agreement at any time by giving STC written notice. This License Agreement automatically terminates if you fail to comply with the terms hereof or if you attempt to assign this License Agreement or transfer the Software or Documentation to a third party except as expressly permitted in this License Agreement. Upon termination, you must stop all use of the Software and Documentation and must either destroy all copies of the Software and Documentation that are in your possession or control or return such copies to STC.
5.RESTRICTIONS AND NONPERMITTED USES. You may not lease, license, rent, loan or otherwise transfer, with or without consideration, the Software. You may not use any backup or archival copies of the Software (or allow someone else to use such copies) for any purpose other than to replace an original copy if it is destroyed or damaged. You may not permit third parties to benefit from the use or functionality of the Software. You may not reverse engineer, decompile or disassemble the Software except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify or create derivative works based upon the Software in whole or in part. You may not copy the Software or Documentation except as expressly permitted in Sections 2 and 3 hereof. You may not remove any proprietary notices or labels on the Software. All rights not expressly set forth hereunder are reserved by STC. You may transfer the rights granted to you under this License Agreement on a permanent basis to another person or entity, provided that you retain no copies of the Software and the transferee agrees, in writing, to the terms of this License Agreement. Any other attempt by you to transfer the rights or obligations under this License Agreement will be null and void and will constitute a material breach of this License Agreement.
a.Limited Warranty. STC warrants that, for sixty (60) days after the date you, the original end-user, first acquired the Software from STC or its dealers, distributors or representatives: (i) the Software will perform substantially in accordance with its accompanying User Guide, and (ii) the media on which the Software is provided will be free from defects in materials and workmanship under normal use. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
b.Customer Remedies. Under the Limited Warranty provided in Section 6(a), the entire liability of STC and its dealers, distributors or representatives and your exclusive remedy for any breach of the foregoing Limited Warranty shall be, at STC’s option, either (i) return of the purchase price paid for the license or (ii) replacement of the defective media in which the Software is contained, provided you notify STC of the nonconformance within the sixty (60) day warranty period. You must return the defective media to STC or its dealer, distributor or representative at your expense, together with a copy of your receipt within the sixty (60) day warranty period. This Limited Warranty is void if the defect has resulted from alteration, abuse, damage or misapplication. Any replacement media will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.
7. DISCLAIMER OF WARRANTIES. WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT IT'S OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT FOR EXPRESS WARRANTIES STATED IN THIS LICENSE AGREEMENT, THE SOFTWARE IS PROVIDED “AS IS” WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFECT IS WITH YOU.
TO THE EXTENT ALLOWED BY LAW, STC AND ITS DEALERS, DISTRIBUTORS AND REPRESENTATIVES EXPRESSLY DISCLAIM ALL EXPRESS WARRANTIES NOT STATED HEREIN AND ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE, NON-INFRINGEMENT OR ACCURACY.
IF ANY IMPLIED WARRANTY IS NOT DISCLAIMED UNDER APPLICABLE LAW, THEN SUCH IMPLIED WARRANTY IS LIMITED TO 30 DAYS FROM THE DATE YOU ACQUIRED THE SOFTWARE FROM STC OR ITS DEALERS, DISTRIBUTORS OR REPRESENTATIVES AND IS SUBJECT TO THE EXCLUSIVE REMEDY PROVISION SET FORTH IN SECTION 6(b). SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING 30 DAY TIME LIMITATION ON IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
The Limited Warranty herein gives you specific legal rights and you may also have other legal rights which vary from state to state. Warranty inquiries may be sent to STC at: www.StorageCraft.com/legal or to 180 West Election Road, Suite 230, Draper, Utah 84020, U.S.A.
8.LIMITATION OF LIABILITY. THE LIABILITY OF STC AND THAT OF ITS DEALERS, DISTRIBUTORS AND REPRESENTATIVES TO YOU FOR ANY LOSSES SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE SOFTWARE AND IN NO EVENT WILL STC OR ITS DEALERS, DISTRIBUTORS OR REPRESENTATIVES BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9.UNITED STATES GOVERNMENT RESTRICTED RIGHTS. If Licensee is a branch or agency of the United States Government, the following provision applies. The Licensed Software and Documentation are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying Documentation of the United States Government shall be governed solely by the terms of this License Agreement and shall be prohibited except to the extent expressly permitted by the terms of this License Agreement.
10.EXPORT CONTROLS. You acknowledge that the Software is subject to the export control laws and regulations of the United States and any amendments thereof. You agree that you will not directly or indirectly transfer the Software except in compliance with applicable U.S. export laws and regulations.
11.NO WAIVER OR MODIFICATION. This License Agreement may not be modified except by a written addendum issued by a duly authorized representative of STC. No delay or failure to take action represents a waiver of the rights inherent to or granted to STC under this License Agreement.
12.MISCELLANEOUS. This License Agreement constitutes the entire agreement between you and STC pertaining to its subject matter. This License Agreement is governed by the laws of the State of Utah. Any litigation arising from this License Agreement will be pursued only in Utah State courts or in federal courts located in the State of Utah. If part of this License Agreement is held invalid, the balance of this License Agreement is still valid, binding and enforceable.
13.CUSTOMER CONTACT. If you have any questions concerning this License Agreement, you may contact STC as follows: website - www.StorageCraft.com, fax - 801-545-4705 or mail – StorageCraft Technology Corporation, 180 West Election Road, Suite 230, Draper, Utah 84020, U.S.A.
Copyright 2006, StorageCraft Technology Corporation. All rights reserved. This Software and Documentation are copyrighted. Ownership of the ShadowServer Software is reserved to StorageCraft Technology Corporation. StorageCraft and the StorageCraft logo are trademarks of StorageCraft Technology Corporation. ShadowServer, ShadowMode and Pre-ShadowMode are trademarks of StorageCraft Technology Corporation in the United States and elsewhere. All other brands and product names are or may be trademarks or registered trademarks of their respective owners.
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