SOFTWARE PRODUCT LICENSE AGREEMENT
This License Agreement (the "Agreement") is a legal agreement between
you (an individual or an entity) and Visualware Inc. for some or all of the software
products identified below (each, a SOFTWARE PRODUCT), which includes computer
software and electronic documentation. You should carefully read the following
terms and conditions before using the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is licensed, not sold. The SOFTWARE PRODUCT is protected
by copyright laws and international copyright treaties, as well as other intellectual
property laws and treaties. By installing, copying, or otherwise using the SOFTWARE
PRODUCT, you are agreeing to be bound by the terms of this Agreement. If you
do not agree to all of the terms of this Agreement, you are not authorized to
use the SOFTWARE PRODUCT.
1. GRANT OF LICENSE. Visualware grants you the non-exclusive right to
install and use the licensed SOFTWARE PRODUCT identified in this paragraph, as
follows:
- MySpeed Server Standard: Licensed
per server install, applet may be served from a single domain.
Licensed for 1-, 2- or 3-year terms, or as a perpetual license.
- MyConnection Server Single Network Test: Licensed per server install, includes 1 unlimited use online Network Test data sources.
Licensed for 1-, 2- or 3-year terms, or as a perpetual license.
- MyConnection Server Dual Network Test: Licensed server install, includes 2 unlimited use online Network Test data sources. Licensed for 1-,
2- or 3-year terms, or as a perpetual license.
- MyConnection Server MediaCenter: Licensed per server install, includes 4 unlimited use online Network Test data sources. Licensed
for 1-, 2- or 3-year terms, or as a perpetual license.
- MyConnection Server NetworkCenter: Licensed per server install, includes 5 unlimited use online Network Test data sources, and unlimited Remote Agents and Satellite Servers limited to 5 concurrent tests in use. Licensed for 1-, 2- or
3-year terms, or as a perpetual license.
- Concurrent Agent Tests (CAT) Packs: Licensed
per maximum number of concurrent Remote Agent (RA) tests that are active at a given time. Licensed for 1-, 2- or 3-year terms, or as a perpetual license.
- VisualRoute Personal Edition: Install and use the software on a
number of computers equal to the number of user licenses purchased.
- VisualRoute Advanced Edition: Install and use the software on a
number of computers equal to the number of user licenses purchased.
- VisualRoute Business Edition: Install and use the software on a
number of computers equal to the number of user licenses purchased.
- VisualRoute SupportPro Edition: Install and use the software on
a number of computers equal to the number of user licenses purchased.
- CallerIP: Install and use the software on a number of computers
equal to the number of user licenses purchased.
- eMailTrackerPro: Install and use the software on a number of computers
equal to the number of user licenses purchased, such software to be accessed
only from the physical computer on which the software was loaded.
- Visual IP Trace: Install and use the software on a number
of computers equal to the number of user licenses purchased, such software
to be accessed only from the physical computer on which the software was
loaded.
- InboxGuardian: Install and use the software on a number
of computers equal to the number of user licenses purchased, such software
to be accessed only from the physical computer on which the software was
loaded.
- RoutePlotter: Install and use the software on a single computer,
with the total number of network routes monitored not to exceed the number
specified in the license that was purchased.
- VisualPulse: Install and use the software on
a single server, with the total use limited to the number of "elements" (i.e.,
single pingable IP devices to be monitored) specified in the license that
was purchased.
- VisualResponse: Install and use the software on a single server.
If you install the trialware version of the SOFTWARE PRODUCT, you have 15-days
in which to try the SOFTWARE PRODUCT before you must purchase a license key.
This license is not transferable.
2. RESTRICTIONS. (A) You must comply with all applicable laws regarding
the use of the SOFTWARE PRODUCT. (B) You may not reverse engineer, decompile,
or disassemble the SOFTWARE PRODUCT. (C) You may not rent or lease the SOFTWARE
PRODUCT. (D) You may not distribute copies of the activated SOFTWARE PRODUCT
or license keys to third parties. (E) You may not exceed the scope of your licensed
SOFTWARE PRODUCT. (F) You may not activate the SOFTWARE PRODUCT with a license
key that you did not legally obtain. (G) You must properly pay for any SOFTWARE
PRODUCT license keys used. (H) You may not use the private programming interfaces
of the SOFTWARE PRODUCT.
3. AUDITING. You give your consent for Visualware to monitor SOFTWARE
PRODUCT license key usage for the purpose of auditing compliance with the terms
of this Agreement.
4. TERMINATION. Visualware may terminate this Agreement and disable the
SOFTWARE PRODUCT for any length of time, including in perpetuity, without prior
notice if you fail to comply, or Visualware has reasonable belief that you failed
to comply, with the terms and conditions of this Agreement. In such event, you
must destroy all copies of the SOFTWARE PRODUCT.
5. NO WARRANTY. Any use of the SOFTWARE PRODUCT is at your own risk. To
the maximum extent permitted by applicable law, Visualware and its owners, employees,
agents, associates, affiliates, and suppliers disclaim all warranties and conditions,
either express or implied, including, but not limited to, implied warranties
of merchantability, fitness for a particular purpose, and noninfringement.
6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted
by applicable law, in no event shall Visualware or its owners, employees, agents,
associates, affiliates, or suppliers be liable for any special, incidental, indirect,
or consequential damages whatsoever (including, without limitation, damages for
loss of business profits, business interruption, loss of business information,
or any other pecuniary loss) arising out of the use of or inability to use the
SOFTWARE PRODUCT (whether due to license termination or any other reason), even
if Visualware has been advised of the possibility of such damages.
7. LIMITATION OF LIABILITY. Visualware's entire liability and your exclusive
remedy under this Agreement shall not exceed your purchase price.
8. THIRD PARTY PRODUCT. If purchasing a third party product, the use of
such third party product shall be governed by the third party's license agreement,
which must be approved with first use of the product.
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