Guardian Monitor Classic distribution permissions and end-user license agreement

Guardian Software License Agreement NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT (THE "AGREEMENT") FOR THE LICENSE OF CERTAIN SPECIFIED SOFTWARE, TOGETHER WITH ANY RELATED USER MANUALS (THE "SOFTWARE") PRODUCED BY GUARDIAN SOFTWARE, INC. ("GUARDIAN SOFTWARE"). BY CLICKING THE "I ACCEPT" BUTTON OR BY INSTALLING THE SOFTWARE, YOU (WHETHER AN INDIVIDUAL OR ENTITY, THE "LICENSEE") CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO EACH OF THE TERMS OF THIS AGREEMENT, CLICK THE "I DO NOT ACCEPT" BUTTON AND DO NOT INSTALL THE SOFTWARE. YOU MAY RETURN THE PRODUCT TO THE PLACE OF PURCHASE OR TO GUARDIAN SOFTWARE FOR A FULL REFUND OF THE PURCHASE PRICE. 1.Title and Proprietary Rights The Licensee acknowledges and agrees that the Software is licensed, and is not sold, to the Licensee, and that Guardian Software owns all copyright, trade secret, patent, and other proprietary rights in the Software. Licensee further acknowledges and agrees that all such proprietary rights in the Software shall remain with Guardian Software and/or its licensors. The Software is protected by United States copyright laws and international treaty provisions. Unauthorized reproduction or distribution is subject to civil and criminal penalties. 2.Evaluation License This section shall only apply if the Software has been provided for the purpose of a limited-duration evaluation of the Software by the Licensee (an "Evaluation Copy"). An Evaluation Copy is provided AS IS, with no warranties, express or implied, and without technical support by Guardian Software. The Evaluation Copy is provided for the sole and exclusive purpose of enabling the Licensee to evaluate the Software. The Evaluation Copy will automatically time-out at the end of the evaluation period. If the Licensee elects to continue to use the Software at the end of the evaluation period, the Licensee must contact a representative of Guardian Software. 3.Grant of License Subject to the payment of the applicable license fees, and subject to the terms and conditions of this Agreement, Guardian Software grants to the Licensor a non-exclusive, non-transferable right to use one copy of the specified version of the Software. The Licensee may install one copy of the Software on one computer, workstation, or other electronic device for which the Software was designed (each a “Client Device”). If the Software is licensed as a suite or bundle with more than one specified Software product, this license applies to all such specified Software products, subject to any restrictions or usage terms specified on the applicable price list or product packaging that apply to any such Software products individually. a.Use. The Software is licensed as a single product, and may not be used on more than one Client Device or by more than one user at a time, except as set forth in this Section 3. The Software is "in use" on a Client Device when it is loaded into the temporary memory (i.e., random-access memory or RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that Client Device. b.Backup Copy. The Licensee may make one copy of the Software solely for backup or archival purposes, provided that the copy the Licensee makes, contains all of the Software’s proprietary notices unaltered and unobstructed. c.Server-Mode Use. The Licensee may use the Software on a Client Device used as a server ("Server") within a multi-user or networked environment ("Server-Mode") only if such use is specifically permitted under the terms of the Licensee`s purchase transaction with Guardian Software. A separate license is required for each Client Device or "seat" that may connect to the Server at any time, regardless of whether such licensed Client Devices or seats are concurrently connected to, accessing or using the Software. Use of software or hardware that reduces the number of Client Devices or seats directly accessing or utilizing the Software (e.g., "multiplexing" or "pooling" software or hardware) does not reduce the number of licenses required (i.e., the required number of licenses would equal the number of distinct inputs to the multiplexing or pooling software or hardware "front end"). If the number of Client Devices or seats that can connect to the Software can exceed the number of licenses obtained by the Licensee, then the Licensee must have a reasonable mechanism in place to ensure that the Licensee`s use of the Software does not exceed the use limits specified for the licenses obtained by the Licensee. This license authorizes the Licensee to make or download one copy of the documentation for the Software for each Client Device or seat that is licensed, provided that each such copy contains all of the documentation`s proprietary notices unaltered and unobstructed. d.Volume License Use. If the Software is licensed with volume license terms specified in the terms of the Licensee`s transaction with Guardian Software (the Purchase Transaction"), the Licensee may make, use, and install as many additional copies of the Software on the number of Client Devices as the terms of the Purchase Transaction specify. The Licensee must have a reasonable mechanism in place to ensure that the number of Client Devices on which the Software has been installed does not exceed the number of licenses obtained by the Licensee. This license authorizes the Licensee to make one or download one copy of the documentation for the Software for each additional copy authorized by the volume license, provided that each such copy contains all of the documentation`s proprietary notices unaltered and unobstructed. 4.Restrictions Licensee shall not sell, lease, license, rent, loan sublicense, assign, distribute or otherwise transfer, with or without consideration, the Software. Licensee acknowledges and agrees that the Software contains trade secrets. Licensee shall not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. Licensee agrees that the Software shall be used solely for internal purposes. Licensee shall not use the Software to offer data processing services to third parties, and shall not incorporate the Software into any products offered by Licensee. 5.Term This Agreement is effective for an unlimited duration unless and until earlier terminated as set forth herein. This Agreement will terminate automatically if the Licensee fails to comply with any of the limitations or other requirements described herein. Upon termination or expiration of this Agreement, Licensee agrees to immediately cease use of the Software and destroy all copies of the Software in the possession of the Licensee. 6.Updates This license is limited to the version of the Software delivered by Guardian Software and does not include subsequent versions, upgrades, updates, modifications, or revisions. Periodic updates of the Software may be provided by Guardian Software to Licensee free of charge if Licensee properly registers this license with Guardian Software. Software upgrades may be provided by Guardian Software at an additional charge. 7.Warranty and Disclaimer e.Limited Warranty. Guardian Software warrants that for sixty (60) days from the date of the original purchase the media (e.g., the diskettes) on which the Software is contained will be free from defects in materials and workmanship. f.Customer Remedies. The entire liability of Guardian Software and its suppliers, and the Licensee`s exclusive remedy for any breach of the foregoing warranty shall be, at the option of Guardian Software, either (i) refund of the purchase price paid for the license, if any, or (ii) replacement of the defective media in which the Software is contained. The Licensee must return the defective media to Guardian Software at Licensee`s expense, along with a copy of Licensee`s receipt. This limited warranty is void if the defect has resulted from accident, abuse, or misapplication. Any replacement media will be warranted for the remainder of the original warranty period. g.Warranty Disclaimer. Except for the limited warranty set forth herein, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUARDIAN SOFTWARE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGMENT WITH RESPECT TO THE SOFTWARE AND ANY ACCOMPANYING DOCUMENTATION. LICENSEE ASSUMES RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE LICENSEE’S INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, GUARDIAN SOFTWARE MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT SOFTWARE WILL MEET THE REQUIREMENTS OF LICENSEE. SOME STATES AND JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO CERTAIN LICENSEES. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law. 8.Limitation of Liability UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL GUARDIAN SOFTWARE OR ITS SUPPLIERS BE LIABLE TO LICENSEE OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE ANDOR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT SHALL GUARDIAN SOFTWARE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE GUARDIAN SOFTWARE CHARGES FOR A LICENSE TO THIS SOFTWARE, EVEN IF GUARDIAN SOFTWARE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO CERTAIN LICENSEES. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law. 9.Government Users With respect to any acquisition of the Software by or for any unit or agency of the United States Government, the Software shall be classified as "commercial computer software" as that term is defined in the applicable provisions of the Federal Acquisition Regulation (the "FAR") and supplements thereto, including the Department of Defense (DoD) FAR Supplement (the "DFARS"). If the Software is supplied for use by DoD, the Software is delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252.227-7013(c)(1)(ii) (OCT 1988), as applicable. If the Software is supplied for use by a Federal agency other than DoD, the Software is restricted computer software delivered subject to the terms of this Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14 (ALT III), as applicable. Licensor: Guardian Software, 160 East Main St, Westboro, MA 01581. 10.Miscellaneous This Agreement is governed by the laws of the United States and the Commonwealth of Massachusetts, without reference to conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement sets forth all rights of the Licensee and is the entire agreement between the parties. Guardian Software reserves the right to periodically audit Licensee in order to ensure that Licensee is not using the Software in violation of this Agreement. During standard business hours and upon prior written notice, Guardian Software may visit the Licensee, and Licensee agrees to make available to Guardian Software or its representatives any records pertaining to the Software. The cost of any requested audit will be borne solely by Guardian Software, unless (i) such audit discloses an underpayment or amount due to Guardian Software in excess of five percent (5.0%) of the initial license fee for the Software, or (ii) the Licensee is using the Software in an unauthorized manner, in which case the Licensee shall pay the cost of the audit. This Agreement supersedes any other communications with respect to the Software. This Agreement may not be modified except by written addendum issued by a duly authorized representative of Guardian Software. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Guardian Software or by a duly authorized representative of Guardian Software. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Licensee agrees to inform anyone who the Licensee may record, that their Internet and PC Activity is subject to being recorded and archived. The Licensee acknowledges that Guardian Software periodically registers its products with its Server by electronic transfer of information via the Internet. This information transfer is done to register Guardian`s products and to collect some system specific information for supporting the Licensee and to send the Licensee information regarding the product. Guardian Software acknowledges that the information collected to support the Licesnee is confidential and will not be distributed to any third party. 11.Guardian Software Customer Contact If you have any questions concerning these terms and conditions, or if you would like to contact Guardian Software for any other reason, please call 508-366-3223, or write: 160 East Main St, Westboro, MA 01581.

Guardian Monitor Classic is distributed as Trialware - you may download the program and use it until the trial period expires. You may not charge end users for this software.

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