Monitor one distribution permissions and end-user license agreement

FINECONNECTION`S END-USER LICENSE AGREEMENT FOR MONITOR ONE® SOFTWARE.

MONITOR ONE® STANDARD LICENSE

(This license applies to the standard-licensed (S, M, L and Enterprise) versions of Monitor one®)

You should carefully read the following terms and conditions before using this software. Unless you have a different license agreement signed by FineConnection your use, distribution, or installation of this copy of Monitor one® indicates your acceptance of this License.

If you do not agree to any of the terms of this License, then do not install, distribute or use this copy of Monitor one®.

Copyright laws as well as other intellectual property laws and treaties protect the Program. The Program and the accompanying documentation are licensed, not sold, to you. This includes any updates or upgrades to the Program licensed to you by FineConnection. The Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of FineConnection. The customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of FineConnection.

A single Monitor one® license entitles the licensee to install and run one Monitor one® instance on one single machine/workstation within the licensee’s Company, Organization or Enterprise.

The "enterprise" License entitles the licensee to install and run multiple Monitor one® instances on multiple machines/workstations and use multiple domains within the licensee’s Company, Organization or Enterprise.

If you are a Network Operations Center (or similar business) delivering monitoring and management services to external customers (not belonging to your company!), you are entitled to use the "enterprise" license for monitoring and management of all your customers networks as long as the running Monitor one® instances stay within your company, organization or Enterprise. You are not allowed to use an "enterprise" license to run Monitor one® instances on machines at customer locations!

The following is without prejudice to any rights you may have at law that cannot legally be excluded or restricted. FineConnection and its distributors provide the Program and Documentation "AS IS" without warranty of any kind either express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, noninfringement or arising from a course of dealing, usage or trade practice. You acknowledge that no promise, representation, warranty or undertaking has been made or given by FineConnection to any person or company on its behalf in relation to the profitability of or any other consequences or benefits to be obtained from the delivery or use of the Program, manuals or written materials. You have relied upon your own skill and judgment in deciding to acquire the Program and any accompanying manuals and written materials for use by you. In no event does FineConnection warrant that the Program is error free or that you will be able to operate the Program without problems or interruptions.

IN NO EVENT WILL FINECONNECTION OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE OR DATA OR OTHER DIRECT OR INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE PROGRAM FOR ANY REASON WHATSOEVER INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE PROGRAM, OR SUPPLY OR NON-SUPPLY THE PROGRAM, EVEN IF FINECONNECTION, ITS LICENSORS OR AUTHORIZED DISTRIBUTORS OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION ON LIABILITY IS EQUALLY APPLICABLE TO ANY DAMAGES ARISING OUT OF ANY YEAR 2000 DATE PROBLEM OR ANY OTHER NON-YEAR 2000 DATE PROBLEM OF ANY KIND WHATSOEVER, WHETHER THE DAMAGES RESULT FROM ACTIONS OR INACTIONS OF FINECONNECTION OR ARE THE RESULT OF THIRD PARTIES. FINECONNECTION`S TOTAL LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT IS IN ANY CASE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PROGRAM. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT.

IN ADDITION, IN NO EVENT DOES FINECONNECTION AUTHORIZE YOU TO USE Monitor one® IN APPLICATIONS OR SYSTEMS WHERE MONITOR ONE`S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE BY YOU IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD FINECONNECTION HARMLESS FROM ANY CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.

This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of the Netherlands. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts located in the Netherlands, and you consent to such jurisdiction and venue.

All rights of any kind in Monitor one® which are not expressly granted in this License are entirely and exclusively reserved to and by FineConnection. You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on Monitor one. You may not release the results of any performance or functional evaluation of any FineConnection program to any third party without written approval of FineConnection for each such release. You may not make access to Monitor one® available to others in connection with a service bureau, application service provider, or similar business. There are no third party beneficiaries of any promises, obligations or representations made by FineConnection herein.



Monitor one® EVALUATION LICENSE

(This license applies to the `evaluation` license (the software without a software license key/Free license) of Monitor one. If you purchased a license of Monitor one, see the section above titled Monitor one® Standard License)

By using, copying, transmitting, distributing or installing Monitor one, you agree to all of the terms of this License. If you do not agree to any of the terms of this License, then do not use, copy, transmit, distribute, or install Monitor one.

This is not free software. Subject to the terms below, you are hereby licensed by FineConnection to use the evaluation software version (the Monitor one® software without a software license key and therefore limited) for evaluation purposes without charge for an unlimited period of time.

You may, without making any payment to FineConnection: 1. Give exact copies of the evaluation software of Monitor one® personally to anyone. 2. Distribute exact copies of the evaluation software of Monitor one. 3. Make as many exact copies of the evaluation software of Monitor one® as you wish, for purposes of distribution as described in (1) and (2) above.

YOU ARE SPECIFICALLY PROHIBITED FROM CHARGING, OR REQUESTING DONATIONS, FOR ANY COPIES, HOWEVER MADE, AND FROM DISTRIBUTING SUCH COPIES WITH OTHER PRODUCTS OF ANY KIND, COMMERCIAL OR OTHERWISE, WITHOUT PRIOR WRITTEN PERMISSION FROM FINECONNECTION. FINECONNECTION RESERVES THE RIGHT TO REVOKE THE ABOVE DISTRIBUTION RIGHTS AT ANY TIME, FOR ANY OR NO REASON.

THIS SOFTWARE, AND ALL ACCOMPANYING FILES, DATA AND MATERIALS, ARE DISTRIBUTED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. IN NO EVENT SHALL FINECONNECTION, OR ITS PRINCIPALS, HAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF MONITOR ONE, OR YOUR RELATIONSHIP WITH FINECONNECTION.

IN ADDITION, IN NO EVENT DOES FINECONNECTION AUTHORIZE YOU TO USE Monitor one® IN APPLICATIONS OR SYSTEMS WHERE MONITOR ONE`S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE BY YOU IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD FINECONNECTION HARMLESS FROM ANY CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.

This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of the Netherlands. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts located in the Netherlands, and you consent to such jurisdiction and venue.

All rights of any kind in Monitor one® which are not expressly granted in this License are entirely and exclusively reserved to and by FineConnection. You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on Monitor one. You may not release the results of any performance or functional evaluation of any FineConnection program to any third party without written approval of FineConnection for each such release. You may not make access to Monitor one® available to others in connection with a service bureau, application service provider, or similar business. There are no third party beneficiaries of any promises, obligations or representations made by FineConnection herein.

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