Enterprise License Agreement
ENTERPRISE LICENSE AGREEMENT
FOR NEUMETRIX LIMITED SSLROBOT
VERSION 1.0 SOFTWARE
IMPORTANT-READ CAREFULLY!
This Neumetrix Limited End-User License Agreement ("EULA")
is a legal AGREEMENT between you and Neumetrix Limited for
the Neumetrix Limited software product identified above,
which product includes computer software and may include
associated media, printed materials, and "online" or
electronic documentation ("SOFTWARE PRODUCT"). By
installing, copying, or otherwise using the SOFTWARE
PRODUCT, you agree to be bound by the terms of this
EULA.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and
international copyright treaties, as well as other
intellectual property laws and treaties. The SOFTWARE
PRODUCT is licensed, not sold.
1) GRANT OF LICENSE
This EULA grants you, the computer software end-user,
the following rights:
i. The SOFTWARE PRODUCT may be used by unattended
PCs or employees of your company or organization,
including wholly owned subsidiaries, at any location
world-wide.
ii. You may install and use the SOFTWARE PRODUCT on any
PCs belonging to or used by your organization.
2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
i. The SOFTWARE PRODUCT is licensed as a single product.
Its component parts may not be separated for use on more
than one computer.
ii. Rental. You may not rent, lease, or lend the
SOFTWARE PRODUCT to any party.
iii. Software Transfer. You may permanently transfer all
of your rights under this EULA, provided you (a) retain
no copies, (b) transfer all of the SOFTWARE PRODUCT
(including all component parts, the media and printed
materials, any upgrades, this EULA, and, if applicable,
the Certificate of Authenticity), and (c) the recipient
agrees to abide by all of the terms of this EULA. If the
SOFTWARE PRODUCT is an upgrade, any transfer must
include all prior versions of the SOFTWARE PRODUCT and
all of your rights therein, if any.
iv. Support Services. Neumetrix Limited may provide you
with support services related to the SOFTWARE PRODUCT
("Support Services"). The provision and use of Support
Services is governed by the Neumetrix Limited policies and
programs described in the SOFTWARE PRODUCT user manual
and/or in "online" documentation. Any supplemental
software code provided to you as part of the Support
Services shall considered part of the SOFTWARE PRODUCT
and subject to the terms and conditions of this EULA.
With respect to technical information you provide to
Neumetrix Limited as part of the Support Services, Neumetrix Limited may use such information for its business
purpose, including for product updates and development.
Neumetrix Limited will use its best efforts to not utilize
such technical information in a form that personally
identifies you.
3) COPYRIGHT AND TRADEMARKS
i. All title, trademarks and copyrights in and
pertaining to the SOFTWARE PRODUCT (including but not
limited to any images, photographs, animation, video,
audio, Music, text, and applets incorporated into the
SOFTWARE PRODUCT), the accompanying, printed materials
and any copies of the SOFTWARE PRODUCT are owned by
Neumetrix Limited or its affiliated companies or suppliers.
The SOFTWARE PRODUCT is protected by copyright and
trademark laws and international treaty provisions. You
must treat the SOFTWARE PRODUCT like any other
copyrighted material for archival purposes only. You may
not copy the printed materials accompanying the SOFTWARE
PRODUCT.
ii. You may not remove, modify or alter any Neumetrix Limited copyright or trademark notice from any part of
the SOFTWARE PRODUCT, including but not limited to any
such notices contained in the physical and/or electronic
media or documentation, in the Neumetrix Limited SSLRobot
installer or 'About' boxes, in any of the
runtime resources and/or in any web-presence or
web-enabled notices, code or other embodiments
originally contained in or dynamically or otherwise
created by the SOFTWARE PRODUCT.
4) MISCELLANEOUS
Should you have any questions concerning this EULA, or
if you desire to contact Neumetrix Limited for any reason,
please contact the Neumetrix Limited distributor serving
your country, or contact: Neumetrix Limited by e-mail to:
sales@neumetrix.com.
5) LIMITED WARRANTY
i. LIMITED WARRANTY Neumetrix Limited warrants that (a) the
SOFTWARE PRODUCT will, for a period of ninety (90) days
from the date of your receipt, perform substantially in
accordance with Neumetrix Limited's written materials
accompanying it, and (b) any Support Services provided
by Neumetrix Limited shall be substantially as described in
applicable written materials provided to you by Neumetrix Limited, and (c) Neumetrix Limited support engineers will
make commercially reasonable efforts to solve any
problem issues with the SOFTWARE PRODUCT. To the extent
that implied warranties on the SOFTWARE PRODUCT are
disclaimable, they are disclaimed herein below. Some
states and jurisdictions do not allow disclaimers of or
limitations on the duration of an implied warranty, so
the above limitation may not apply to you. To the extent
implied warranties may not be entirely disclaimed but
implied warranty limitations are allowed by applicable
law, implied warranties on the SOFTWARE PRODUCT, if any,
are limited to ninety (90) days.
ii. CUSTOMER REMEDIES Neumetrix Limited's and its
suppliers' entire liability and your exclusive remedy
shall be, at Neumetrix Limited's option, either (a) return
of the price paid by you for the SOFTWARE PRODUCT (not
to exceed the suggested retail price) if any, or (b)
repair or replacement of the component(s) of the
SOFTWARE PRODUCT that do(es) not meet Neumetrix Limited's
Limited Warranty and which is returned to Neumetrix Limited
with a copy of your purchase receipt. This Limited
Warranty is void if failure of the SOFTWARE PRODUCT has
resulted from accident, abuse, or misapplication. Any
replacement SOFTWARE PRODUCT will be warranted for the
remainder, of the original warranty period or thirty
(30) days, whichever is longer. Outside of the United
States, neither of these remedies nor any product
support services offered by Neumetrix Limited are available
without proof of purchase from an Neumetrix Limited
authorized international source.
iii. NO OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, NEUMETRIX LIMITED AND ITS SUPPLIERS
DISCLAIM ALL, OTHER WARRANTIES AND CONDITIONS, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH
REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR
FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE
OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
STATE/JURISDICTION.
6) LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL NEUMETRIX LIMITED OR ITS 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 OR THE PROVISION OF OR
FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF NEUMETRIX LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN ANY CASE, NEUMETRIX LIMITED'S ENTIRE LIABILITY
UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE
GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE
SOFTWARE PRODUCT OR TEN UNITED STATES DOLLARS (U.S.
$10.00); PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A
NEUMETRIX LIMITED SUPPORT SERVICES AGREEMENT, NEUMETRIX LIMITED'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES
SHALL, BE GOVERNED BY THE TERMS OF THAT AGREEMENT.
BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
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NEUMETRIX LIMITED PRIVACY POLICY
Neumetrix Limited will not gather any personal information
about you or your computer without your explicit
approval, except where this license agreement has been
violated by the use of invalid or pirated license codes.
If you give us personal information or allow us to
gather personal information from your computer, we will
tell you exactly what we are collecting and what it will
be used for.
During your product registration, you will be asked to
supply limited information that is used by Neumetrix Limited to improve our products, to manage copyright
restrictions and licensing terms, and to offer you
additional products. You will always have the option to
restrict Neumetrix Limited's use and distribution of your
personal information.
During pre-installation and installation of some of
Neumetrix Limited's products, Neumetrix Limited will request
the gathering of information from your computer system.
We will specify exactly what information we are
collecting.
Neumetrix Limited reserves the right to use information
collected from customers in aggregate form. This means
that we can compile information such as the number of
people who purchased a specific product. However, your
personal information is not used in this process.