End user agreement for TheOne SysLog Sender Free Edition
Copyright (C) 2004-2007. TheOne Software Corporation. All rights reserved. IMPORTANT NOTICE -- READ CAREFULLY: This End-User License Agreement ("License") is a legal agreement between you (either an individual or a single entity) and TheOne Software Corporation ("TheOne") and its subsidiaries for the TheOne software product identified herein, which includes computer software, namely "SysLog Sender" ("Software"), and may include associated media, printed materials, and "online" or electronic documentation ("Product"). An amendment or addendum to this License may accompany the Product. By installing, copying, or otherwise using the Software, you agree to be bound by all of the terms and conditions of this License. If you do not agree to any of the terms of the License, do not install, copy, or otherwise use the Software. 1. RIGHTS TheOne grants you the following rights provided that you comply with all terms and conditions of this License: Installation and Use: You may install and use one copy of the Software on a single computer, such as a workstation, terminal or other device ("Workstation Computer"). Storage or Network Use: Except for making one back-up copy of the Software, you may not otherwise copy the Software. You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other Workstation Computers over an internal network; however, you must acquire and dedicate an additional license for each separate Workstation Computer on or from which the Software is installed, used, accessed, displayed or run. This License of Software may not be shared or used concurrently on different computers. Reservation of Rights: TheOne reserves all rights not expressly granted to you in this License. 2. UPGRADES AND ADDITIONAL SOFTWARE To use a Software identified as an upgrade, you must first be licensed for the Software identified as eligible for the upgrade. This License applies to updates or supplements to the original Software provided by TheOne, unless other terms and conditions are provided along with the update or supplement. 3. TRANSFER You may make a one-time transfer of the Product to another end user. The transfer must include all component parts, media, printed materials, this License and the Certificate of Authenticity (if applicable). Prior to the transfer, the end user receiving the transferred Product must agree to all the terms of this License. 4. LIMITATION 4.1 You must not reverse engineer, decompile, disassemble, nor any other manner to obtain the Software's source code nor attempt to do so, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation. 4.2 You must not rent or lease or lend the Software to someone else. 4.3 You must not allow to use the Software anymore after trial period of non-registered Software. 4.4 The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer, nor otherwise used separately from the other parts. 5. TERMINATION This License will automatically terminate if you fails to comply with any of the terms and conditions hereof. In such event, you must destroy all copies of the Product and all of its component parts. 6. COPYRIGHT All titles copyrights and other intellectual property rights in and to the Product, in particular the Software, and any copies of the Software, are owned by TheOne or its subsidiaries (as the case may be). The Product is protected by copyright laws and international treaty provisions. Accordingly, you are required to treat the Product like any other copyrighted material, except as otherwise allowed pursuant to this License and that you may make one copy of the Software solely for backup or archive purposes. 7. CONSENT TO USE OF DATA You agree that TheOne and its affiliates may collect and use technical information you provide as a part of support services related to the Software. TheOne agrees not to use this information in a form that personally identifies you. 8. DISCLAIMER OF WARRANTY This Software and the accompanying files are provided to you "AS IS" and without warranties as to performance, merchantability or any other warranties expressed or implied. TheOne does not warrant that the functions contained in the Software will meet your requirements, or that the operation of the Software will be uninterrupted or error-free, or that defects in the Software will be corrected. Because of the various hardware and software environments into which the Software may be put, TheOne makes no warranty of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support services is offered and does not warrant or make any representations regarding the use or the results of the use of the software or any documentation provided therewith in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by TheOne or its authorized representative shall create a warranty or in any way increase the scope of this warranty. You must assume the entire risk of using the Software. 9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall TheOne or its resellers or partners be liable for any special, incidental, indirect, or consequential damages whatsoever (including without limitation, damages for loss of profits or confidential or other information, for loss of privacy, for business interruption, for personal injury, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software, the provision of [or failure to provide support services], or otherwise under or in connection with any provision of this License, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of TheOne or any of its resellers or partners, even if TheOne or any of or its resellers or partners has been advised of the possibility of such damages. 10. LIMITATION ON LIABILITY Under no circumstances and under no legal theory, tort, contract, or otherwise, shall TheOne, its resellers or its partners be liable to you or any other person for any indirect, special, incidental, or consequential damages of character including, without limitation, damages for of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. 11. ENTIRE AGREEMENT. This License (including any addendum or amendment to this License which is included with the Product) are the entire agreement between you and TheOne relating to the Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this License. 12. APPLICABLE LAW The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Product is licensed, not sold, and hence your purchase is that of a license.