home *** CD-ROM | disk | FTP | other *** search
- BonAmi Software Corporation License Agreement
-
- Use of the accompanying software is subject to this License Agreement. If
- you agree to this License and wish to use the software, please click the
- "Accept" button. If you do not agree, please click the "Decline" button and
- do not install the software. If you do not install the Software and you
- have purchased a license to use the Software, you may return the product to
- the place of purchase for a refund.
-
- For purposes of this License Agreement ("Agreement"), the following
- additional terms are defined. The term "Licenser" shall refer to BonAmi
- Software Corporation ("BonAmi") unless the Software has been acquired
- through a third party product or service, in which case "Licenser" shall
- refer to such third party. The term "Software" shall refer to the
- accompanying proprietary software and documentation materials.
-
- LICENSE AGREEMENT
- If no license fee has been paid, Licenser hereby grants you a non-exclusive
- 30-day license to use its Software, free of charge and subject to the other
- provisions contained herein, for the sole purpose of evaluating whether to
- purchase an ongoing license to use the Software. At the end of 30 days you
- must purchase a license in order to continue using the Software.
-
- If a license fee has been paid, Licenser grants you a non-exclusive license
- to use the Software subject to the other provisions contained herein.
-
- SCOPE OF LICENSE
- You may use the Software on a single computer. You may copy the Software
- onto any machine-readable or printed form for backup purposes only. You may
- transfer the software and license to another party if the other party agrees
- to accept the terms and conditions of this Agreement. If you transfer the
- Software, you must at the same time either transfer to the same party all
- copies of the Software, whether in printed or machine-readable form, or
- destroy all copies not transferred.
-
- You may not modify, translate, reverse engineering, decompile, disassemble
- (except to the extent applicable laws specifically prohibit such
- restriction), remove any proprietary notices or labels from the Software, or
- operate or use the Software for any competitive analysis of the Software or
- to create any software with similar functionality, or to create derivative
- works based on the Software. You may not allow others to use or copy the
- Software other than as specified above. You may not rent, lease, grant a
- security interest in, or otherwise transfer rights to the Software except as
- specified above.
-
- LIMITED WARRANTY
- If no license fee has been paid, the Software is provided "AS IS" without
- warranty of any kind, including without limitation the warranties of
- merchantability, fitness for a particular purpose and non-infringement. If
- a license fee has been paid, Licenser warrants that for a period of ninety
- days from the date of acquisition, the Software, if operated as directed,
- will perform substantially in accordance with the accompanying documentation.
- Licenser does not warrant that this software will meet your requirements, or
- that your use of the Software will be uninterrupted, or that the Software is
- error-free or secure.
-
- Licenser disclaims any and all other warranties, either expressed or
- implied, including but not limited to any implied warranties of
- merchantability and fitness for a particular purpose with respect to the
- software and the accompanying written materials. In no event shall Licenser
- be liable for any damages, whether incidental or consequential, arising out
- of the use of or inability to use this software. Note: Since some
- jurisdictions do not allow the exclusion or limitation of liability for
- consequential or incidental damages, the above limitation may not apply to
- you.
-
- Licenser's entire liability and your exclusive remedy shall be, at
- Licenser's option, either refund of the license fee paid or replacement of
- the software that does not meet BonAmi's Limited Warranty and that is
- returned to Licenser with a copy of your receipt.
-
- TERMINATION
- The license will terminate automatically if you fail to comply with this
- Agreement. In such event, you must destroy all copies of the Software.
-
- This warranty shall immediately terminate if you modify the Software, if the
- media is subjected to accident, abuse, or improper use, or if you breach
- this Agreement.
-
- GOVERNING LAWS
- This Agreement shall be governed by the laws of the State Of Delaware,
- excluding conflict of law provisions. The application of the United Nations
- Convention on Contracts for the International Sale of Goods is expressly
- excluded. If any part of this Agreement is found void and unenforceable, it
- will not affect the validity of the balance of the Agreement, which shall
- remain valid and enforceable according to its terms.
-
- You agree that the Software will not be downloaded, shipped, transferred or
- exported into any country or used in any manner prohibited by the United
- States Export Administration Act or any other export laws, restrictions or
- regulations.
-
- RESTRICTED RIGHTS LEGEND
- Use, duplication, or disclosure by the U.S. Government is subject to
- restrictions as set forth in Subparagraph (c)(1)(ii) of DFARS 252.227-7013,
- or in FAR 52.227-19, as applicable.
-
- TITLE AND COPYRIGHT NOTICE
- The Software is protected by copyright laws and international treaties.
- BonAmi retains all title and ownership rights in the Software, including any
- revisions. NTMon(TM), AgentMon(TM), SuperMon(TM), Performance '95(TM), CPU
- Meter '95(TM) and CPU Monitor Plus(TM) are Copyright (c) 1991-1999 BonAmi
- Software Corporation. All Rights Reserved. NTMon, AgentMon, SuperMon,
- Performance '95, CPU Meter '95 and CPU Monitor Plus are trademarks of BonAmi
- Software Corporation.
-
- Contractor/manufacturer is BonAmi Software Corporation, 34 Hammond Street,
- Acton, MA 01720. Contact BonAmi Software Corporation on the Internet at
- http://www.bonamisoftware.com.
-
- BonAmi Software Corporation License Agreement, v1.32, December 2000.
- Copyright (c) 1991-2000, BonAmi Software Corporation. All rights reserved.