Site License Agreement
SITE LICENSE AGREEMENT
FOR NEUMETRIX LIMITED SSLROBOT VERSION
10.x 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 only by employees or
unattended PCs that are based at a single site. A site
is defined as a single physical address, i.e. a building or
group of buildings sharing the same postal address.
ii. You may install and use the SOFTWARE PRODUCT on any
PC at the single site.
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.