AdventNet Web NMS Express Edition distribution permissions and end-user license agreement
4. Restrictions on Use: In addition to all other terms and conditions of this Agreement, you shall not:
(i) remove any copyright, trademark or other proprietary notices from the Licensed Software or its copies;
(ii) make any copies except for one back-up or archival copy, for temporary emergency purpose;
(iii) rent, lease, sublicense or distribute the Licensed Software or any portions except as part of your developer application;
(iv) use the Licensed Software in a computer-based services business or stand alone application to monitor the network or publicly display visual output of the Licensed Software or use the Licensed Software for the benefit of any other person or entity;
(v) modify or enhance the Licensed Software;
(vi) decompile or disassemble the Licensed Software.
(vii) allow any third parties to access, use or support the Licensed Software.
5. Technical Support: AdventNet provides support that includes email support for problem reporting, product updates, and online access to product documentation for a period of one year on payment of support fees as set forth in AdventNet online store (https://store.adventnet.com).
6. Ownership and Intellectual Property: AdventNet owns all right, title and interest in and to the Licensed Software. AdventNet expressly reserves all rights not granted to you herein, notwithstanding the right to discontinue or not to release any Licensed Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or characteristics of the Licensed Software. The Licensed Software is only licensed and not sold to you by AdventNet.
7. Audit: AdventNet has the right to audit your Use of the Licensed Software by providing at least seven (7) days prior written notice of its intention to conduct such an audit at your facilities during normal business hours.
8. Confidentiality: The Licensed Software contains proprietary information of AdventNet that are protected by "the laws of the United States and you hereby agree to take all reasonable efforts to maintain the confidentiality of the Licensed Software. You agree to reasonably communicate the terms and conditions of this Agreement to those persons employed by you who come into contact with or access the Licensed Software, and to use reasonable efforts to ensure their compliance with such terms and conditions, including but not limited to, not knowingly permitting such persons to use any portion of the Licensed Software for a purpose that is not allowed under this Agreement.
9. Warranty Disclaimer: AdventNet does not warrant that the Licensed Software will be error-free. Except as provided herein, the Licensed Software is furnished "as is"on, or use of the Licensed software with any programs or equipment not supplied by AdventNet; (ii) any modification of the Licensed Software by a party other than AdventNet; and (iii) your failure, within a reasonable time frame, to implement any replacement or modification of Licensed Software provided by AdventNet. In no case shall the aggregate liability exceed the aggregate amount paid by Licensee for the Licensed Software under this Agreement.
12. Termination: This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying or returning to AdventNet all copies of the Licensed Software in your possession. AdventNet may terminate this Agreement for any reason, including but not limited to your breach of any of the terms of this Agreement. Upon termination, you shall destroy or return to AdventNet all copies of the Licensed Software and certify in writing that all know copies have been destroyed. All provisions relating to confidentiality, proprietary rights, non-disclosure, and limitation of liability shall survive the termination of this Agreement.
13. General: This Agreement shall be construed, interpreted and governed by the laws of the State of California exclusive of its conflicts of law provisions. This Agreement constitutes the entire agreement between the parties, and supersedes all prior communications, understandings or agreements between the parties. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this Agreement is found invalid or unenforceable, the remainder shall be interpreted so as to reasonable effect the intention of the parties. You shall not export the Licensed Software or your application containing the Licensed Software except in compliance with United States export regulations and applicable laws and regulations.