Simple Network Tester distribution permissions and end-user license agreement
This Software Evaluation Agreement (the "Agreement") is entered into between Simple Net Software of Concord, Massachusetts and the recipient of the Software ("User"), as of the date of receipt of the software (the "Effective Date").
1. Ownership. The Software is owned and copyrighted by Simple Net Software. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software.
2. Copyright. The Software is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Simple Net Software and you will not acquire any rights to the Software except as expressly set forth in this license. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software .
3. License. Simple Net Software hereby licenses the Products, royalty-free, to User. User may install the Software on any number of computers on his or her own network inside his or her own firewall. User may not install the software on behalf of other users in order to offer network management services to other users without express permission from Simple Net Software. User may backup or make archival copies of the software portion of the Software.
4. Restrictions on Use. No intellectual property license, and no other license of any kind is granted except for the limited right to use the Software as provided in section 3 above. User shall not reverse engineer, disassemble, or decompile the software portion of the Software . Except as provided in section 3, User shall not use the Software to produce, market, or support its own products without permission from Simple Net Software.
5. Delivery. The software shall be provided in object code form by Internet download.
6. Support. Please contact Simple Net Software by e-mail regarding installation or technical questions.
7. Disclaimer of Warranties. User accepts the Software "AS IS", with any errors or defects. Simple Net Software does not warrant that operation of the Software will be uninterrupted or "bug" free. Simple Net Software MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND WITH RESPECT TO THE PRODUCTS, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability. Simple Net Software shall not be responsible for any loss or damage to User, its customers, or any third parties caused by the Products or by Simple Net Software's performances of the Agreement. Simple Net Software SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT.
9. High Risk Activities. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Simple Net Software and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
10. Alterations by User. User shall not alter the Software except with the prior written consent of Simple Net Software. Any alterations made or suggested for the Software by User shall be the exclusive property of Simple Net Software, together with all intellectual property and other rights therein; User shall execute any documents, and otherwise cooperate with Simple Net Software at Simple Net Software's expense, as necessary to enable Simple Net Software to protect such rights.
11. Assignment. User shall not assign or otherwise transfer any rights or obligations under this Agreement. Any attempted assignment or transfer shall be voidable at Simple Net Software's option.
12. Hierarchy. To the extent that there is a conflict among any of these terms and conditions applicable to the Software, the following hierarchy shall apply: (a) the terms and conditions of the Software as originally delivered; (b) the terms and conditions of the blanket Software License found on the Simple Net Software web site.
13. Entire Agreement. This Agreement contains the entire agreement of the parties relating to the subject matter hereof. Any representation, promise, or condition not explicitly set forth in this Agreement shall not be binding on either party. Any amendments to this Agreement shall be in writing and signed by the authorized representatives of each party.