End user agreement for SwitchInspector
ACCEPTANCE OF TERMS
This software license agreement applies to the SwitchInspector program and its related documentation (known as the "Software"). Please read this license carefully. By clicking the "I Agree" button (in order to install and use the software); you are agreeing to be bound by the terms of this license. If you do not agree to the terms of this license, by clicking the "I Disagree" button (in order to cease using the software); you are not permitted to install or use any software from Netxar Technologies Inc.
OWNERSHIP OF SOFTWARE
You acknowledge and agree that the SwitchInspector program and its related documentation (known as the "Software") are owned exclusively by Netxar Technologies Inc. You agree that the price paid by you for the Software is a license fee granting you only the rights set forth in this License Agreement.
Netxar Technologies Inc. grants to you, and you accept, a limited, non-exclusive and revocable license to use the Software, in machine-readable, object code form only. You agree to use the Software only as authorized in this License Agreement. This License Agreement does not convey to you any ownership rights or any other interest in the Software.
SCOPE OF LICENSE
This Software is licensed to be installed and used on only one computer. A valid license must be purchased for each computer on which the Software is installed.
You may not copy or make any changes or modifications to the Software, and you may not translate, decompile, disassemble, or otherwise reverse engineer the computer program(s). You may not lend, rent, lease or sublicense the Software or any copy to others for any purpose. You agree to use all reasonable efforts to protect the Software from unauthorized use, modification, reproduction, distribution or publication. You are not permitted to make any uses or copies of the Software that are not specifically authorized by the terms of this License Agreement, and Netxar Technologies Inc. reserves all rights that are not expressly granted to you. Your adherence to this License Agreement will allow Netxar Technologies Inc. to continue developing innovative and useful products and providing a high level of customer service and support.
Anyone may use the Software during a test period of 15 days. Following this test period of 15 days or less, if you wish to continue to use the Software, you MUST purchase a license and register it.
The Software unregistered (trial) version may be freely distributed provided the distribution package is not modified. No person or company may charge a fee for the distribution of The Software without written permission from the copyright holder.
This license will become effective on the date you acquire the Software and will remain in force until terminated. You may terminate the license at any time by removing the Software from your computer and destroying the original Software and all copies. This license will automatically terminate if you breach any of the terms or conditions set out in this License Agreement. You agree to remove the Software from your computer, and either to destroy the original Software and all copies or to return the Software to Netxar Technologies Inc., upon termination of this license for any reason.
With a purchase of a Software license, you are entitled to 30 days of free email support from the date you acquired the Software. After that period, if you are interested in further support, you must purchase a maintenance package that covers you for a period of one year.
Provided the Software has not been installed on a computer, you may transfer your license of the Software to another party by transferring the original program media and all applicable documentation, including the original of this License Agreement, to the recipient, who agrees to the terms of this Agreement. All other copies of the Software must be deleted and/or destroyed. Any transfer of possession of the Software terminates your license and all associated benefits under this License Agreement. You must notify Netxar Technologies Inc. in writing or by email of such transfer.
You may not transfer your license to another party once you have installed the software on a computer.
You may not install the Software on another computer even if the Software is removed from the original computer on which it was installed, unless the new installation is done on a computer that is replacing the original computer. The original computer must be taken out of service or must be assigned for a different use. You are explicitly forbid from installing the Software on one computer, uninstalling the software from the computer, and then installing the Software on another computer, without purchasing a license for each computer the Software is installed.
You may make one copy of this Software solely for backup or archival purposes.
Netxar Technologies Inc. represents and warrants to Licensee that the Software, when properly installed by Licensee and used in a hardware that complies with at least the minimum specifications established for the Software, will perform substantially as described in Netxar Technologies Inc. Software documentation for a period of ninety (90) days from the date of shipment or download.
NO OTHER WARRANTIES ARE OFFERED OR ARE IMPLIED IN THIS LICENSE AGREEMENT. NETXAR TECHNOLOGIES INC. DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. NETXAR TECHNOLOGIES INC. DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
LIMITATIONS OF LIABILITY AND REMEDIES
You expressly understand and agree that in no event Netxar Technologies Inc. or its licensors shall be liable for any loss of profit or any other commercial damage directly or indirectly, including but not limited to special, incidental, consequential, punitive or other damages, even if Netxar Technologies Inc. or its licensors are advised, in advance, of the possibility of such damages. In no event shall the liability of Netxar Technologies Inc. or its licensors exceed the purchase price paid for the Software.
OTHER TERMS AND CONDITIONS
You agree to install this software ONLY on a computer that you own or on a computer which you have been given explicit permission to install. You agree to NOT install this software on any computer you do not own or on any computer you have not been given explicit permission to install.
All rights not expressly granted here are reserved by Netxar Technologies Inc.
© 2000-2004 Netxar Technologies Inc. All rights Reserved.