End user agreement for OsMonitor Monitoring Software
IMPORTANT - READ CAREFULLY BEFORE INSTALLING THE SOFTWARE
OsMonitor Project by Wangya Computer Company, Ltd.
Electronic End User License Agreement for OsMonitor Monitoring software (the "Agreement")
NOTICE TO USER:
BY INSTALLING, COPYING OR OTHERWISE USING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This end user license agreement accompanies the OsMonitor product and user related documentation (the "Software"). The term "Software" shall also include any upgrades, modified versions or updates of the Software licensed to you by Wangya Computer Company.
Please read this Agreement carefully. You must be of legal age and capacity to enter into this Agreement. If you are not or do not wish to accept the Agreement, you will not be able to use the Software.
Upon your acceptance of this Agreement, Wangya Computer Company grants to you a non-exclusive license to use the Software, provided that you agree to the following:
1. Copyright. The Software is licensed to you, not sold. The Software is owned by Wangya Computer Company and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
2. Grant of License. The Software is "in use" when it is loaded in temporary or permanent memory of a computer.
a. Full Version. Upon purchase of the license, you are licensed to copy the Software only into the memory of the number of computers for which licenses are purchased.
b. Evaluation Version.
i. Use. If you have acquired the Evaluation version of the Software, you may install and use the Software solely for evaluation and test purposes for the duration as set out in the Software. You may not attempt to increase the functionality of the Software in any manner outside the parameters set out by the Software. You may not attempt to increase the time limiters of the Evaluation version.
ii. Distribution Rights. OsMonitor Software grants you a royalty-free license to copy and distribute the Evaluation version of the Software in its unmodified form electronically or on physical media means, provided that you comply with all other relevant provisions in this Agreement. No fee, compensation or consideration may be charged for such distribution, and a verbatim copy of this Agreement must be provided therewith. You may not grant license rights to the Software that are broader than this Agreement.
3. Function limitations. The Trial version has some limitations. The Full version has not limitations and if you want to use the Full version of the Hidden Camera software, you must purchase and register it here: http://www.os-monitor.com
4. Limits on Use. You may not alter, modify, adapt, translate, reverse engineer, decompile, disassemble, and create derivative works based on the Software or otherwise attempt to discover the source code of the Software. You may not sell, lease, rent or sublicense the Software or any portion of it.
5. Legal Compliance. Logging of an individual's computer activity without his or her knowledge of it may be considered to be an illegal operation by some provinces, states or jurisdictions. The Software is intended for authorized system administrators, security managers, owners of the computers and so on. Wangya Computer Company assumes no liability and is not responsible for any misuse of the Software. It is the your and any final user's responsibility to obey the terms of this Agreement and all applicable local, provincial, state, federal and international laws and regulations.
6. No Other Warranties. The Software is provided to you "AS IS" and any express or implied warranties, including, but nor limited to, the implied warranties of noninfringment of third party rights, satisfactory quality, lack of viruses, merchantability and fitness for a particular purpose are hereby disclaimed. Wangya Computer Company does not and cannot warrant the performance or results you may obtain by using the Software or documentation. In no event shall Wangya Computer Company, its affiliates, officers, directors, employees, contributors or assigns be liable to you for any direct, indirect, exemplary, consequential, incidental or special damages, including, but not limited to, procurement of substitute goods or services, any lost use, data or profits or lost savings, howsoever caused, and on any theory of liability, whether in contract, strict liability or tort (including negligence or otherwise), arising in any manner from the use of the Software, even if
a Wangya Computer Company representative has been advised of the possibility of such damages, or for any claim by any third party. Wangya Computer Company's liability to you or any third party is limited to no more than what you paid for the Software.
7. Indemnity. You hereby agree, at your expense, to indemnify, defend and hold Wangya Computer Company harmless from and against any and all loss, cost, damages, liability or expense arising out of or relating to:
a. Any third-party claim, action or allegation or infringement based on information, data, files or other content obtained by you;
b. Any third-party claim, action or allegation or infringement resulting from your actions or failure to act in accordance with this Agreement or applicable law; or
c. Any fraud or manipulation by you.
8. Maintenance and Updates. You understand that Wangya Computer Company may update the Software at any time, but is under no obligation to inform you or to furnish you any updates.
9. If any provision in this Agreement is held to be invalid or unenforceable, such provision shall be adjusted rather than voided to achieve the intent of the parties. In the event any such provision cannot be so adjusted, such provision shall be struck and the remaining provisions shall be deemed valid and enforced to the extent possible. Wangya Computer Company’s failure to act with respect to a breach by you or any other party does not waive Wangya Computer Company's right to act with respect to any subsequent or similar breaches.
10. You may not assign or transfer this Agreement or any rights hereunder unless in accordance with provisions as set out herein. This Agreement shall inure to the benefit of and be binding upon each party's successors.
11. This Agreement shall automatically terminate upon failure by you to comply with its terms, without prejudice to any other rights Wangya Computer Company may have.
12. Wangya Computer Company reserves all rights not expressly granted to you under this Agreement.
13. Terms and conditions of this Agreement may not be modified, amended, canceled or in any way altered, nor may they be modified by custom and usage of trade or course of dealing, except by an instrument in writing and signed by a duly authorized officer of Wangya Computer Company.
14. If you do not agree with the terms of this Agreement you must remove and uninstall all Software and files relating to the Software from all storage devices and cease to use the Software.