End user agreement for Pingdom Desktop Notifier
END-USER LICENSE AGREEMENT Pingdom Desktop Status The owner of the Software Pingdom Desktop status is Pingdom AB, a Swedish private limited corporation. BEFORE YOU INSTALL THE SOFTWARE, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENCE. BY INSTALLING THE SOFTWARE YOU ARE CONSENTING TO BE BOUND BY, AND ARE BECOMING THE LICENSEE TO, THIS LICENCE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENCE, YOU MAY NOT INSTALL, ACCESS OR IN ANY OTHER WAY USE THE SOFTWARE. Pingdom AB (“Pingdom”) grants you (the "Licensee") a non-exclusive, non-transferable and non-assignable Licence for the accompanying software product, Pingdom Desktop Status, including all associated media, printed electronic and online documentation and any future modifications, updates or upgrades thereof (the "Software"). The Licensee is not entitled to future new versions of the Software. The Licence permits you to "Use" (as hereinafter defined) the Software upon the terms and subject to the conditions contained herein. 1. Use of Software In this License, “Use” shall mean and include the right to install, run, access, display, or otherwise use the Software on any number of computers. The Licensee may create copies of the Software, provided no changes of, or modifications to, the Software are made, and under the following conditions: a) If the Licensee is a private user, the Licensee may, without limits as to the number of copies, use the Software as defined hereunder, on any number of computers for the purpose of private, educational and commercial operations, provided however that the Software is only used on the Licensee's private computers. b) If the Licensee is a company, organization or any other legal entity the Licensee may, without limit as to the number of copies, use the Software as defined hereunder, on any number of computers, provided however that the Software is only used within the legal entity and for the purposes of the legal entity's commercial operations. 2. The Licensee's obligations Upon accepting this License Agreement, the Licensee undertakes the following: a) not to copy the Software (other than for normal operation and as specified in Clause 1 above) b) not to disassemble, decompile or reverse engineer the Software, c) not to translate, modify, or create derivative works from the Software, d) not to assign, timeshare, rent, loan, redistribute, lease, sub-lease, sub-license or otherwise transfer the Software to any third party, or otherwise directly or indirectly permit a third party to use or copy the Software, unless expressly permitted in this License Agreement or if prior written consent has been obtained from Pingdom, e) to supervise and control Use of the Software in accordance with the terms of this License, f) to reproduce and include the copyright notice of the Pingdom as it appears in or on the Software on all copies, g) not to disclose any results of benchmark or other tests of the Software to any third party without obtaining prior written approval from Pingdom, h) not to use the Software for immoral, illegal or for any other purpose which may be determined threatening, abusive or harmful including but not limited to the creation or transmission of any virus, worms, trojan horse, cancelbot or any other destructive or contaminating program. 3. Pingdom's right to information The Licensee acknowledges, and accepts that this Software, as one of its main features, incorporates mechanism to receive tasks from Pingdom servers by communicating with them over Internet. The Licensee acknowledges, and accepts that this Software, as one of its main features, incorporates mechanism to contact third party computers on the Internet and collect information from those computers. The Licensee acknowledges, and accepts that this Software, as one of its main features, incorporates mechanism to send processed data to Pingdom servers by communicating with them over Internet. The Licensee acknowledges, and accepts, that the Software incorporates a mechanism, which allows Pingdom to collect the Licensee's IP-address as well as information on the Software version used at any given time by the Licensee (Software Update Information). The Licensee further acknowledges, and accepts, that Pingdom, due to the mechanism of collecting Software Update Information, may inform the Licensees of available updates and new versions of the Software, by communicating with the Licensees over the Internet. The Licensee also acknowledges, and accepts, that Software Update Information collected and stored by Pingdom in this respect, may be used for, inter alia, marketing and advertising purposes. However, Pingdom undertakes not to sell, lease or otherwise provide any third party with this information or in any other way reveal this information to any third person, unless the third party is directly affiliated with Pingdom and for the purposes stated herein. Pingdom's right to information as defined in this clause 3 is mandatory for the Licensee's use of the Software. The Licensee may only decline Pingdom's right to collect the Licensee's IP-address, information on the Software version used and right to communicate with the Licensee new updates and other marketing activities by either not installing the software, or uninstalling all downloaded copies or other copies of the Software. 4. Termination The Licensee may terminate this Licence at any time by destroying the Software, documentation and all copies thereof. Pingdom may terminate this Licence Agreement at any time if the Licensee commits any breach of any of the terms and conditions in this License Agreement, without prior notice of such termination. Pingdom may terminate this License Agreement, without prior notice of termination, if claims of violation of a third party's intellectual property rights have been made against Pingdom. In the event of termination or discontinuance of this License Agreement, for whatever reason, the Licensee is obligated to uninstall, remove and destroy all copies of the Software within 14 days after the date of termination or discontinuance of this Licence Agreement. 5. Disclaimer THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PINGDOM DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED. THE LICENSEE IS SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES ASSOCIATED WITH RECTIFICATION, REPAIR OR DAMAGE CAUSED BY SUCH ERRORS. PINGDOM SHALL NOT BE LIABLE TO THE LICENSEE OR TO ANY OTHER PARTY FOR ANY LOSS OR DAMAGE WHATSOEVER OR HOWSOEVER CAUSED ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS LICENCE, THE SOFTWARE, ITS USE OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE LAWFULLY EXCLUDED UNDER THE APPLICABLE LAW. NOTWITHSTANDING THE ABOVE, PINGDOM EXPRESSLY EXCLUDES LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY, DEATH, LOST PROFITS, LOST DATA AND INTERRUPTION OF BUSINESS), WHICH MAY ARISE IN RESPECT OF THE SOFTWARE HOWSOEVER CAUSED EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT PINGDOM INCURS ANY LIABILITY WHATSOEVER, SUCH LIABILITY IS LIMITED TO THE LICENCE FEE PAID BY THE LICENSEE FOR THE SOFTWARE (EXCEPT FOR DEATH OR PERSONAL INJURY ARISING FROM IPWALK'S NEGLIGENCE). 6. Force majeure Pingdom shall not be liable for any delays, errors, failures to perform, interruptions or disruptions in the Software caused by circumstances beyond Pingdom control, which shall include, but not be limited to, acts of God, strikes, lockouts, riots, acts of war, terrorism, changes of law and regulations, fire, flood, earthquake, storm, power failure or failures of the Internet. 7. Intellectual Property Rights All copyright, trade marks and other intellectual property rights subsisting in or used in connection with the Software (including but not limited to all images, animations, audio and other identifiable material relating to the Software) are and remain the sole property of Pingdom. 8. Other This License Agreement constitutes the entire agreement between Pingdom and Licensee, and thus supersedes any prior written or oral agreement, communication or proposal between the parties regarding the Software, except from the eventual agreements related to beta or pre-release versions of the Software. If any part of this License Agreement shall be determined by any competent authority to be invalid, unlawful or unenforceable, the remainder of the License Agreement shall continue to be valid and enforceable to the fullest extent permitted by law. 9. Dispute This License Agreement shall be governed by the substantive law of Sweden. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be solved by the District Court of Stockholm.