End user agreement for AdventNet Linux Manager
This License Agreement details the policy for license of AdventNet SNMP Agent & Manager for Linux ("Licensed Software") on the following topics:
1. Commercial License
Please read the following license carefully, before either (i) completing the electronic order or download of the Licensed Software from an authorised website, or (ii) installing the Licensed Software from media that was delivered after being ordered by alternative order process, as applicable. You acknowledge that you have read this License Agreement, have understood it, and agree to be bound by its terms. If you do not agree to the terms and conditions of this Agreement, either (i) exit the web site page without continuing the ordering process, or (ii) return the provided unused media and documentation within thirty (30) days from the date of shipment of the Licensed Software.
1. Commercial License
AdventNet SNMP Agent & Manager for Linux ("Licensed Software") is a FREE Edition. AdventNet grants you a non-exclusive, non-transferable, world-wide license to use the Licensed Software for no cost in perpetuity. AdventNet retains all rights not specifically granted to you herein.
2. Third Party Products
The Licensed Software may contain software which originated with third party vendors and without limiting the general applicability of the other provisions of this Agreement, you agree that (a) the title to any third party software incorporated in the Licensed Software shall remain with the third party which supplied the same; and (b) you will not distribute any such third party software available with the Licensed Software, unless the licensing terms of such third party software specifies otherwise.
3. Distribution of Licensed Software
This Agreement does not permit you to rent, lease, license, sublicense or distribute the Licensed Software or any portions of it on a standalone basis or as part of your application. If you wish to distribute the Licensed Software, you will have to obtain a deployment license by contacting AdventNet Sales.
4. Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not:
(i) remove any copyright, trademark or other proprietary notices from the Licensed Software or its copies;
(ii) make any copies except for one back-up or archival copy, for temporary emergency purpose;
(iii) modify or enhance the Licensed Software;
(iv) use the Licensed Software in a computer-based services business or publicly display visual output of the Licensed Software or use the Licensed Software for the benefit of any other person or entity;
(v) reverse engineer, decompile or disassemble the Licensed Software.
(vi) allow any third parties to access, use or support the Licensed Software.
As part of the Free Edition, AdventNet provides you Free Technical Support. You are also provided the option of availing Paid Technical Support.
(i) Free Technical Support is provided to you at AdventNet's discretion. You may submit technical support queries through our discussion forums and by email. Though AdventNet will respond to such queries within a reasonable time in most cases, You are not entitled to claim technical support as a matter of right.
(ii) Paid Technical Support is provided to you by AdventNet upon payment of Technical Support Fee. The terms of Paid Technical Support shall be as provided in Exhibit A. AdventNet specifically excludes upgrades from the support program.
6. Ownership and Intellectual Property
AdventNet owns all right, title and interest in and to the Licensed Software. AdventNet expressly reserves all rights not granted to you herein, including the right to discontinue or not to release any Licensed Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or characteristics of the Licensed Software. The Licensed Software is only licensed and not sold to you by AdventNet.
The Licensed Software contains proprietary information of AdventNet that are protected by the laws of the United States and you hereby agree to take all reasonable efforts to maintain the confidentiality of the Licensed Software. You agree to reasonably communicate the terms and conditions of this Agreement to those persons employed by you who come into contact with or access the Licensed Software, and to use reasonable efforts to ensure their compliance with such terms and conditions, including but not limited to, not knowingly permitting such persons to use any portion of the Licensed Software for a purpose that is not allowed under this Agreement.
8. Warranty Disclaimer
AdventNet does not warrant that the Licensed Software will be error-free. Subject to applicable laws and except as provided herein, the Licensed Software is furnished "as is" without warranty of any kind, including the warranties of merchantability and fitness for a particular purpose and without warranty as to the performance or results you may obtain by using the Licensed Software. You are solely responsible for determining the appropriateness of using the Licensed Software and assume all risks associated with the use of it, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
9. Limitation of Liability
In no event will AdventNet be liable to you or any third party for any special, incidental, indirect, punitive or exemplary or consequential damages, or damages for loss of business, loss of profits, business interruption, or loss of business information arising out of the use or inability to use the program or for any claim by any other party even if AdventNet has been advised of the possibility of such damages. Subject to the maximum extent permitted by applicable law, AdventNet's entire liability with respect to its obligations under this agreement or otherwise with respect to the Licensed Software shall be limited to refund of the fees, if any, paid by you for the Licensed Software.
AdventNet agrees to indemnify and defend you from and against any and all claims, actions or proceedings, arising out of any claim that the Licensed Software infringes or violates any valid U.S. patent, copyright or trade secret right of any third party; so long as you provide; (i) prompt written notice to AdventNet of such claim; (ii) cooperate with AdventNet in the defense and/or settlement thereof, at AdventNet's expense; and, (iii) allow AdventNet to control the defense and all related settlement negotiations. The above is AdventNet's sole obligation to you and shall be your sole and exclusive remedy pursuant to this Agreement for intellectual property infringement.
AdventNet shall have no indemnity obligation for claims of infringement to the extent resulting or alleged to result from (i) any combination, operation, or use of the Licensed software with any programs or equipment not supplied by AdventNet; (ii) any modification of the Licensed Software by a party other than AdventNet; and (iii) your failure, within a reasonable time frame, to implement any replacement or modification of Licensed Software provided by AdventNet.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying or returning to AdventNet all copies of the Licensed Software in your possession. AdventNet may terminate this Agreement for any reason, including but not limited to your breach of any of the terms of this Agreement. Upon termination, you shall destroy or return to AdventNet all copies of the Licensed Software and certify in writing that all known copies have been destroyed. All provisions relating to confidentiality, proprietary rights, non-disclosure, and limitation of liability shall survive the termination of this Agreement.
This Agreement shall be construed, interpreted and governed by the laws of the State of California exclusive of its conflicts of law provisions. This Agreement constitutes the entire agreement between the parties, and supersedes all prior communications, understandings or agreements between the parties. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this Agreement is found invalid or unenforceable, the remainder shall be interpreted so as to reasonably effect the intention of the parties. You shall not export the Licensed Software or your application containing the Licensed Software except in compliance with United States export regulations and applicable laws and regulations.
Paid Technical Support Terms
Business Hours 9 x 5
Acknowledgement (email response) within 2 Business Days
Online Access (documentation, FAQs, release notes and white papers)
Service Pack (cumulative collection of workarounds, patches and bug fixes)
Minor Release (feature releases and service packs, indicated by a change in the decimal)