End user agreement for PingPlotter Pro
End User License Agreement
This license agreement is a legal agreement between you, the 'end user' (either as an individual or an entity), and Nessoft, LLC.
The software and any of its supporting documentation after referred to as the 'product'. By installing or using the product, you indicate your complete and unconditional acceptance of these terms and conditions. If you do not agree to the terms and conditions of this agreement promptly remove the product form your computer and destroy associated documentation.
Should there be any conflict between the terms and conditions of this agreement and the terms and conditions of any other agreement between you and Nessoft, LLC or their servants or agents in relation to the product the terms and conditions of this agreement shall apply.
If any provision of this agreement is found to be unlawful or void then that provision shall be severed from this agreement and will not affect the validity of the remaining provisions.
Information contained in this agreement is subject to change without notice and does not represent a commitment or contracted obligation on the part of Nessoft, LLC.
(C) Copyright 1998, 2008 Nessoft, LLC. All rights reserved.
The product is owned by Nessoft, LLC. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the Product. The Product is licensed, not sold. All rights in the product including License Agreement, copyrights, licensing rights, patents, trademarks, trade secrets, design rights, engineering rights, moral rights, and any other intellectual property rights belong to Nessoft, LLC. These rights are not transferred as part of this agreement.
No part of the product, including the License Key(s), may be reproduced, published, transmitted electronically, mechanically or otherwise, transcribed, stored in a retrieval system or translated into any language in any form, by any means, for any purpose other than the purchaser's personal use, without the express written permission of Nessoft, LLC.
Evaluation License Agreement
This Evaluation License Agreement grants you a non-exclusive License to use the product for an evaluation period of thirty (30) days from the date you install the product.
On the thirty-first (31) day after you installed the product you must either register the product by means of purchasing a commercial License Agreement from Nessoft, LLC, or destroy all copies of the product in your possession, and any related documentation.
Use Definition. The product is 'in use' on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not 'in use'.
Single user license
A single user license is a license to a single user. This single user can use the product on any computer as long as the product is not in concurrent use on any other computer. i.e. you own two computers. You may have the product installed, but not have it running on more than one computer at a time. This 'reasonable use' clause applies only to the single user license.
Multi user license
You may install the production version of the product to any number of computers provided that this number does not exceed the limit set in the license file purchased by you. If you own a 2 user license, you may not install the product on 3 computers, even if you are only using it on 2 computers concurrently.
Single site license
A single site license authorizes you to install and use the product to any number of computers within a single site.
Multi site license
A multi site license authorizes you to install and use the product to any number of computers belonging to your organization - no matter where they are located.
Limitation on Use
You may not: permit other individuals to use the product except under the terms listed above; permit concurrent use of the product other than specified under the Software Usage section of this License; modify, translate, reverse engineer, decompile, decrypt, extract, disassemble, or create derivative works based on the product; copy the product other than as specified in Software Usage section of this License; sell, rent, lease, grant a security interest in, or otherwise transfer rights to the product; or alter or remove any proprietary notices or labels on the product. Licensee warrants that it will not use or redistribute the product for such purposes.
Limitation of Liability
Nessoft, LLC shall not in any event be liable for direct, indirect, special, incidental or consequential damages resulting from any defect in the product including damages from loss of data, downtime, goodwill, damage to or replacement of software, equipment or property, or any costs of recovering, re-programming, or reproducing any program or data used in conjunction with Nessoft, LLC or the product, even if Nessoft, LLC or an authorized dealer has been advised of the possibility of such damages.
Some states do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above limitation may not apply to you. This Limitation of Liability gives you specific legal rights, and you may also have other rights, which vary, from state to state or country to country.
The License Key supplied as part of the product remains the property and copyright of Nessoft, LLC. It is a breach of this License Agreement to share the License Key with anyone or any entity for any purpose other than the purchaser's use - within the conditions of the Software Usage section. You will be held liable for misuse or publication (in any form) of the Registration Code.
Nessoft, LLC warrants that (a) the product will perform substantially in accordance with the accompanying documentation for a period of ninety (90) days from the date of receipt, and (b) Nessoft, LLC support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the product, if any, are limited to ninety (90) days.
Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software. Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders.