NOTICE--READ THIS BEFORE OPENING THIS PACKAGE OR USING THE SOFTWARE
OPENING THIS PACKAGE OR USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO OPENING THIS PACKAGE OR USING THE SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST RETURN THIS PACKAGE WITHIN 5 DAYS OF OBTAINING THE PACKAGE, WITH YOUR RECEIPT, AND YOUR MONEY WILL BE RETURNED. * * *
PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE PROGRAM OR DOCUMENTATION OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. LICENSE. This software program (the "Program") and the accompanying on-line read-me and help files (the "Documentation") are licensed, not sold, to you. The term "Program" shall also include any updates of the Program licensed to you by NetManage. Subject to the terms of this agreement, you have a non-exclusive and nontransferable right to use the Program and Documentation. For each serial number or license you purchase, you may use this Program on a single computer located in the United States and its territories or any other country to which this Program is legally exported. This Program is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g. hard drive, CD-ROM or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use." If you permanently install the Program on the hard disk or other storage device of a computer (other than a network server) and you use that computer more than 80% of the time it is in use, then you may also use the Program on a portable or home computer. You may merge it into another Program for your use on a single machine. You agree to use your best efforts to prevent and protect the contents of the Program and Documentation from unauthorized disclosure or use. NetManage and its licensors reserve all rights not expressly granted to you. NetManage's licensors are the intended third party beneficiaries of this agreement and have the express right to rely upon and directly enforce the terms set forth herein.
LIMITATIONS ON USE. You may not rent, lease, sell or otherwise transfer or distribute copies of the Program or Documentation to others. You may not modify or translate the Program or the Documentation without the prior written consent of NetManage. You may not reverse assemble, reverse compile or otherwise attempt to create the source code from the Program. You may not use NetManage's name or refer to NetManage directly or indirectly in any papers, articles, advertisements, sales presentations, news releases or releases to any third party without the prior written approval of NetManage for each such use. You may not release the results of any performance or functional evaluation of any Program to any third party without prior written approval of NetManage for each such release.
BACKUP AND TRANSFER. You may make one copy of the Program for backup purposes if NetManage's copyright notice is included. You may not sublicense, assign, delegate, rent, lease, time-share or otherwise transfer this license or any of the related rights or obligations for any reason. Any attempt to make any such sublicense, assignment, delegation or other transfer by you shall be void. You may physically transfer the Program from one computer to another provided that you do not retain any copies of the Program, including any copies stored on a computer.
COPYRIGHT. The Program and related Documentation are copyrighted by NetManage and its licensors. You may make one copy of the Program for each serial number or license you purchase. If you purchased a single serial number or license, you may not copy the Program (or this license) except to provide a backup copy and to load the Program into the computer as part of executing the Program. For each serial number of license you purchase, you may make one copy of the Documentation and print one copy of any on-line documentation or other materials provided to you in electronic form. Any and all other copies of the Program and any copy of the Documentation made by you are in violation of this license.
OWNERSHIP. You agree that the Program and Documentation belong to NetManage and its licensors. You agree that you neither own nor hereby acquire any claim or right of ownership to the Program and Documentation or to any related patents, copyrights, trademarks or other intellectual property. You own only the magnetic or other physical media on which the Program and related Documentation are recorded or fixed. NetManage and its licensors retain all right, title and interest in and to the Documentation and all copies and the Program recorded on the original media and all subsequent copies of the Program at all times, regardless of the form or media in or on which the original or other copies may subsequently exist. This license is not a sale of the original or any subsequent copy. All content accessed through the Program is the property of the applicable content owner and may be protected by applicable copyright law. This license gives you no rights to such content.
TERM AND TERMINATION. This license is effective until terminated. You may terminate this license at any time by destroying the Program and Documentation and the permitted backup copy. This license automatically terminates if you fail to comply with its terms and conditions. You agree that, upon such termination, you will either destroy (or permanently erase) all copies of the Program and Documentation, or return the original Program and Documentation to NetManage, together with any other material you have received from NetManage in connection with the Program.
LIMITED WARRANTY. NetManage warrants the media on which the Program is furnished to be free from defects in materials and workmanship under normal use for 30 days from the date that you obtain the Program. EXCEPT FOR THIS LIMITED WARRANTY, NETMANAGE AND ITS LICENSORS PROVIDE THE PROGRAM AND THE DOCUMENTATION "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.
LIMITATION OF REMEDIES. NetManage and its licensors' entire liability and your exclusive remedy in connection with the Program and the Documentation shall be that you are entitled to return the defective media containing the Program together with the Documentation to the merchant. At the option of the merchant, you may receive replacement media containing the Program and Documentation that conforms with the limited warranty or a refund of the amount paid by you. IN NO EVENT WILL NETMANAGE OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE PROGRAM INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE PROGRAM, EVEN IF NETMANAGE, ITS LICENSORS OR AN AUTHORIZED NETMANAGE DEALER, DISTRIBUTOR OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. This license will be governed by the laws of the State of California as applied to transactions taking place wholly within California between California residents.
EXPORT CONTROLS. The Program and the underlying information and technology are governed by the export control laws of the United States of America and import controls of other countries. You agree to comply with all such laws including any law restricting the exportation or importation of encrypted software.
U.S. GOVERNMENT END USERS. The Program is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Program with only those rights set forth herein.
Please read the important notes about this Program BEFORE installing this Program, especially if you are using an older version of the Program.
