PA Server Monitor distribution permissions and end-user license agreement

END USER LICENSE AGREEMENT
Software License Agreement for PA Server Monitor (Ultra, Pro, Lite or Free)

IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE (AS DEFINED BELOW), COPYING THE SOFTWARE AND/OR CLICKING ON THE 'I AGREE' BUTTON BELOW, YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AGREE TO ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT ('AGREEMENT') REGARDING YOUR USE OF THE SOFTWARE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON THE 'I DO NOT AGREE' BUTTON, WHICH WILL CLOSE THE PROGRAM.

1. GRANT OF LICENSE: Subject to the terms below, Power Admin LLC ("Power Admin") hereby grants you a non-exclusive, non-transferable license to install and to use PA Server Monitor (Ultra, Pro, Lite or Free) (hereafter referred to as 'Software'). Under this license, you may: (i) install and use the Software on a single computer for your personal, internal use (ii) copy the Software for back-up or archival purposes. (iii)You may not distribute the software to others without first obtaining the required licenses, where applicable. Whether you are licensing the Software as an individual or on behalf of an entity, you may not: (i) reverse engineer, decompile, or disassemble the Software or attempt to discover the source code; (ii) modify, or create derivative works based upon, the Software in whole or in part without the express written consent of Power Admin; (iii) distribute copies of the Software; (iv) remove any proprietary notices or labels on the Software; (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software.

2. TITLE: You acknowledge that no title to the intellectual property in the Software is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software shall remain that of Power Admin. The Software is protected by copyright and patent laws of the United States and international treaties.

3. DISCLAIMER OF WARRANTY: YOU AGREE THAT POWER ADMIN HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED TO YOU 'AS IS' WITHOUT WARRANTY OF ANY KIND. POWER ADMIN DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. YOUR RIGHTS MAY VARY DEPENDING ON THE STATE IN WHICH YOU LIVE.

4. POWER ADMIN SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT.

5. LIMITATION OF LIABILITY: You use this program solely at your own risk. IN NO EVENT SHALL POWER ADMIN BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE, EVEN IF POWER ADMIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL POWER ADMIN BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEEDING THE COST OF THE SOFTWARE. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.

6. TERMINATION: This Agreement shall terminate automatically if you fail to comply with the limitations described in this Agreement. No notice shall be required to effectuate such termination. Upon termination, you must remove and destroy all copies of the Software.

7. MISCELLANEOUS:

Severability.
In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.

Export.
You agree that you will not export or re-export the Software outside of the jurisdiction in which you obtained it without the appropriate United States or foreign government licenses.

Governing Law.
This Agreement will be governed by the laws of the State of Kansas as they are applied to agreements between Kansas residents entered into and to be performed entirely within Kansas. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

Entire Agreement.
You agree that this is the entire agreement between you and Power Admin, which supersedes any prior agreement, whether written or oral, and all other communications between Power Admin and you relating to the subject matter of this Agreement.

Reservation of rights.
All rights not expressly granted in this Agreement are reserved by Power Admin.

DISTRIBUTION AGREEMENT
Distribution Agreement for PA Server Monitor Ultra,Pro/Lite/Free

1. GRANT OF DISTRIBUTION: Subject to the terms below, Power Admin LLC ("Power Admin") hereby grants you a non-exclusive, non-transferable license to distribute PA Server Monitor Ultra, PA Server Monitor Pro, PA Server Monitor Lite and/or PA Server Monitor Free ('Software'). Under this license, you may: (i)You may distribute the software to others as long as it remains in its original packaging, (ii) You may not distribute any licenses for the Software without obtaining the licenses from Power Admin for the sole purpose of reselling the licenses. Whether you are distributing the Software as an individual or on behalf of an entity, you may not: (i) reverse engineer, decompile, or disassemble the Software or attempt to discover the source code; (ii) modify, or create derivative works based upon, the Software in whole or in part without the express written consent of Power Admin; (iii) remove any proprietary notices or labels on the Software; (iv) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software without explicit written consent from Power Admin.

2. DISCLAIMER OF WARRANTY: YOU AGREE THAT POWER ADMIN HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU 'AS IS' WITHOUT WARRANTY OF ANY KIND. POWER ADMIN DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. YOUR RIGHTS MAY VARY DEPENDING ON THE STATE IN WHICH YOU LIVE.

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