End user agreement for System Monitor
THIS SOFTWARE IS PROVIDED "AS IS". NO WARRANTY OF ANY KIND IS EXPRESSED OR IMPLIED. YOU (The “Licensee”) USE THIS SOFTWARE AT YOUR OWN RISK. THE AUTHOR WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES, AND LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS SOFTWARE. BY INSTALLING AND/OR USING THIS SOFTWARE OR ANY PART OF THE DISTRIBUTION PACKAGE OF THE SOFTWARE, YOU (The “Licensee”) AGREE TO BE BOUND TO THE TERMS OF THIS LICENSE AGREEMENT.
”Towodo Software” means Towodo Software
”Licensee” means the party that will be using or in other means handle or make use of the software.
”Software” means the software package that this license has been accompanied with.
- By installing the Software you are automatically obtaining a trial license to be used during the evaluation period of the Software.
- Trial licenses may only be used for the explicit purpose of evaluating the suitability of use of the Software.
- The Licensee is allowed to install the Software on one computer for each purchased license, except if the Software is being used for personal use (excluding any use in any type of commercial enterprise), where it can be installed on any number of computers as long as it is only being used by the person that purchased the license for the Software.
- The Licensee is not allowed to make copies of this Software in any form or media (including the Internet) except to make backup copies of the Software for personal use.
- The Licensee agrees not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.
The Licensee accepts that the only support provided for the Software is via the website www.towodo.com and no other means of support will be provided. Charges may apply for support from the website, and is subject to current terms and conditions as laid out on the website.
SUITABILITY OF USE
- Towodo Software makes no representations about the suitability of this Software or about any content or information made accessible by the Software, for any purpose what so ever. Furthermore, Towodo Software does not warrant that the Software is entirely free from programming errors. The Licensee accepts that such absence of programming errors cannot be achieved under the state of the art.
- The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance. Towodo Software specifically disclaims any express or implied warranty of fitness for such high risk activities.
RIGHTS TO THE SOFTWARE
This license does not entail the transfer into the Licensee of Towodo Software's rights in the form of, among other things, copyright or, where appropriate, patent rights of the Software to the Licensee. The license does not include a special patent license, and the Licensee may not, therefore, make use of any actual patents.
Towodo Software shall not be liable for incidental, consequential, special or indirect damages of any sort, whether arising in tort, contract or otherwise, even if Towodo Software has been informed of the possibility of such damages, or for any claim by any other party.
The Licensee may not, rent, lease, sell, sublicense, un-bundle and/or repackage for distribution or resale, or authorize all or any portion of the Software to be copied onto another user’s computer except as may be expressly permitted herein.
The Licensee may choose to terminate the license at any time. If the Licensee choose to terminate their license, they must stop using all copies of the licensed Software, and uninstall it from all computers where it has been installed.
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. This is the entire agreement between Towodo Software and the Licensee relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.