End user agreement for vFoglight QuickView
License. Vizioncore hereby grants Customer a non-exclusive and non-transferable, license to use the Freeware, in executable object code form only, for personal or internal business purposes, for the duration specified by Vizioncore. Customers who are partners of Vizioncore may use the Freeware on their customer sites for promotional purposes only, provided, however, that if their customer wishes to obtain their own copy of the Freeware, Customer must direct their customer to Vizioncoreâs download site to obtain a copy of the Freeware. Vizioncore may change the scope of use restrictions set forth herein at any time in its sole discretion. This license does not entitle Customer to receive from Vizioncore hard-copy Documentation, technical support, telephone assistance, or enhancements or updates to the Freeware. If Vizioncore releases a commercial version of the Freeware, the parties shall agree upon the fees and terms of such use in a separate signed agreement.
Disclaimer of Warranty. THE FREEWARE IS PROVIDED FREE OF CHARGE, AND, THEREFORE, ON AN "AS IS" AND UNSUPPORTED BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. NO USE OF THE FREEWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
Fees and Taxes. There is no fee for Customerâs use of the Freeware in accordance with the Agreement, however, Customer is responsible for any applicable shipping charges or taxes which may be incurred under the Agreement, and any fees which may be associated with usage beyond the scope permitted herein.
Limitation of Liability and Damages. IN NO EVENT WILL VIZIONCORE, ITS SUBSIDIARIES OR ANY OF THE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO CUSTOMER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND DATA AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF VIZIONCORE OR A VIZIONCORE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. VIZIONCOREâS CUMULATIVE LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO US $500.00.
Customer is hereby notified that the vFog QV may collect certain information from the Customer and transmit such information back to Vizioncore. Such information may include, without limitation, statistics relating to how often vFog QV and tools are started and completed, performance metrics relating to vFog QV, and vFog QV configuration settings, and data relating to the extent of the monitored environment. In addition, Customer is hereby notified that vFog QV includes a mechanism to transmit information to Vizioncore regarding unhandled exceptions, and the vFog QV makes connections to Vizioncore servers to verify license validity. Customer hereby consents to the collection of such information by vFog QV, the transmission of such information to Vizioncore, and the use of such information by Vizioncore for any purpose without restriction, provided, however, that Vizioncore will not send the results of the monitoring or diagnostic tool runs other than with the exception listed above to anything other than vFog QV.
The vFog QV software licensed by Vizioncore may only be used to monitor a maximum number of two-hundred and fifty (250) virtual machines per instance of the software. A maximum of three (3) instances of the software may be installed within a company or organization.
To learn more about Vizioncoreâs transaction product agreement please visit www.vizioncore.com/TPA.