CyberSafe Log Analyst (TM) End User License Agreement
Carefully read the following terms and conditions regarding your use of this version of CyberSafe Log Analyst and its related documentation (the "Software") before using the Software. By clicking "Yes" below, you indicate your acceptance of the terms and conditions of this agreement. CyberSafe Corporation ("CyberSafe") will provide you with one copy of the Software to install and licenses this Software to you ("End User") pursuant to the terms and conditions described below.
By clicking "No" below, the installation process will end.
THEREFORE, for good and valuable consideration, including the rights and license granted in this Agreement, and intending to be legally bound, CyberSafe and End User agree as follows:
The Software, including its code, documentation, appearance, structure and organization is a trade secret and proprietary product of CyberSafe and is protected by copyright, patent, trademark and other laws. This license does not constitute a sale of the Software or any portion of it. Title to the Software, or any copy, modification, translation, partial copy, compilation, derivative work or merged portion of the Software, shall at all times remain with CyberSafe.
License - CyberSafe grants to the End User the nonexclusive, non-transferable, and non-disclosable license to use Software only in accordance with the applicable user documentation provided by CyberSafe and subject to the usage limitation set forth herein. End User has no right to receive, use, or examine any source code or design documentation relating to the Software.
Term - This license shall continue until terminated when either (a) End User destroys the Software, its documentation, and all copies in his possession; or (b) upon violation of the provisions of this Agreement. Upon such termination, End User shall immediately cease all use of the Software and destroy all copies of the Software and documentation, and so certify to CyberSafe.
Restrictions - without the prior written consent of CyberSafe, the End User may not:
a. Transfer, assign, rent, use, copy or modify the Software, in whole or in part, except as expressly permitted in this agreement.
b. Decompile, reverse assemble or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms of the Software, except to the extent the foregoing restriction is expressly prohibited under applicable law.
c. Reproduce, disclose, market, lease, transfer, distribute or revise the Software or the Software documentation.
d. Except as specified in the applicable user documentation provided by CyberSafe, modify, incorporate into or with other software or create a derivative work of any part of the Software.
e. Distribute any executable versions of the Software to third parties or use such executables in excess of the limitations set forth above.
f. Use the Software to provide facility management, service bureau or other access and use of the Software to or for the benefit of third parties.
CyberSafe may immediately terminate this agreement in the event of any failure to comply with the above terms and conditions. Such termination shall be in addition to and not in lieu of any criminal, civil or other remedies available to CyberSafe.
WARRANTY LIMITATIONS - THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYBERSAFE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF THIS DISCLAIMER IS NOT ALLOWED, CYBERSAFE'S LIABILITY SHALL BE LIMITED TO REFUND OF THE PURCHASE PRICE. END USER AGREES THAT THE PRODUCT IS NOT CONSUMER GOODS FOR PURPOSES OF FEDERAL, OR STATE WARRANTY LAWS.
LIMITATIONS OF LIABILITY - TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CYBERSAFE BE LIABLE FOR ANY LOSS, INCLUDING LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, LOST PROFITS, LOST SAVINGS, TIME, MONEY, GOODWILL OR OTHER INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF CYBERSAFE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Update Policy - CyberSafe may, but is not obligated to, update the Software from time to time. Updates will be advertised or promoted by CyberSafe.
General - Usage of the Software shall be governed by this agreement pursuant to the Federal Acquisition Regulations 52.212-4 and section 12.301(b)(3). End User acknowledges that the Software is commercial off-the-shelf software and is provided with "restricted rights." Use, duplication or disclosure by the U.S. Government is also subject to the restrictions set forth in 48 cfr 52.227-19(c) (1) and (2) or dfars 252.227-7013(c)(1)(ii) or applicable successor provisions. The manufacturer is CyberSafe Corporation. End User is required to observe the relevant U.S. Export Administration regulations and may not remove or export from the United States or re-export from anywhere the Software in violation of these or other applicable export laws or regulations. This agreement represents the entire agreement regarding this subject matter and may only be amended by a written agreement signed by authorized representatives of both CyberSafe and End User however any different or additional terms of any related purchase order, confirmation, or other similar form, even if signed by the parties, shall not apply.
Click the "Yes" button to accept the terms and conditions of this agreement as set forth above.
Click the "No" button to halt the installation process.
