End user agreement for NetworkShield Firewall
END USER LICENSE AGREEMENT
NetworkShield Firewall Software Product
THIS END USER LICENSE AGREEMENT ("Agreement") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND NETSIB COMPANY ("NetSib"). PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. BY INSTALLING, COPYING OR OTHERWISE USING NETWORKSHIELD FIREWALL FURTHER DEFINED HEREIN AS “SOFTWARE”, INCLUDING ONLINE AND ELECTRONIC DOCUMENTATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE.
GENERAL. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Some graphical elements copyright by Microsoft ® Corporation. The SOFTWARE is licensed, not sold. The SOFTWARE consists of documentation, Server Software and Client Agent Software.
· “Server Software” provides services or functionality on your Server (your computers capable of running the Server Software are “Servers”);
· “Client Agent Software” allows the Server Software to monitor an electronic device (“Device”) via network.
EVALUATION LICENSE GRANT. NetSib grants you a non-exclusive, non-transferable and not for resale license to use every new version of SOFTWARE for free during the thirty (30) days after installation (“Trial Period”). During the Trial Period you may use the SOFTWARE for evaluation purposes only.
After the Trial Period expired, you must obtain a Standard License or uninstall the SOFTWARE and destroy all copies of the SOFTWARE in your possession or under your control.
STANDARD LICENSE GRANT. NetSib grants you Standard License after you pay the applicable license fee. License fee depends on the number of Monitored Devices of chosen Standard License option. Monitored Devices number must be equal or greater then amount of Devices with IP address in Private Networks. Private Networks means subnets that are protected by the Server Software. Device with IP address means any electronic device in network that has IP address, for example, PC workstation, network printer and etc.
Upon your payment of the Standard License fee, NetSib provides you with an activation number (“Activation Key”) and grants you a non-exclusive, non-transferable, not for resale and perpetual license to use the Server Software and related documentation on a single Server strictly in accordance with the provisions of this Agreement. Also, NetSib grants you a non-exclusive, non-transferable, not for resale and perpetual license to use the Client Agent Software on any computer in Private Networks.
You may move the Server Software to a different Server as long as you permanently remove the Server Software from the initial Server.
If you desire to use the Server Software on more than one Server, additional Standard License must be obtained from NetSib or NetSib authorized partners.
Number of Devices that may have simultaneous access to the services of a Server running the Server Software must be equal or less then number of Monitored Devices included to the chosen option of Standard License.
If you add additional Devices with IP address to Private Networks, you must obtain certain Standard License for those Devices to allow them access to the services of a Server running the Server Software.
An Activation Key is strictly confidential and personal to you and may not be disclosed to any third party. You agree not to purchase any Activation Keys or similar computer code for the SOFTWARE from any source other than NetSib or NetSib authorized partners.
SUBSCRIPTION. Subscription to updates grants you right to update to the new versions of SOFTWARE during the subscription period. You can purchase subscription to updates to any period from NetSib or NetSib authorized partners. Standard License includes 12 months of subscription to updates.
TERMINATION. Without prejudice to any other rights, NetSib may terminate this Agreement if you are not in compliance with all the terms and conditions of this Agreement. In such event, you must uninstall and destroy all copies of the SOFTWARE and all of its component parts.
DISCLAIMER OF WARRANTIES. NO WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NETSIB DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SOFTWARE.
THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NETSIB SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NETSIB OR ITS AUTHORIZED PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY 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 OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF NETSIB OR ANY AUTHORIZED PARTNER, AND EVEN IF NETSIB OR ANY AUTHORIZED PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NETSIB AGGREGATE LIABILITY TO YOU EXCEED THREE DOLLARS (US$3.00).
A copy of this Agreement can be found at the SOFTWARE installation directory under the documents name “license.rtf”.
If you have any questions concerning this Agreement or the SOFTWARE and the related documentation, you may contact NetSib at the http://www.networkshield.com
© 2012 NetSib. All rights reserved.