SOFTWARE LICENCE AGREEMENT for SiSoftware SANDRA ENTERPRISE VERSION
This Software Licence Agreement (hereinafter referred to as “AGREEMENT”) is a legal AGREEMENT between you, and SiSoftware (hereinafter referred to as “AUTHOR”) for the computer program entitled “SiSoftware SANDRA(tm)” (System Analyser, Diagnostic and Reporting Assistant) Professional Version including any enclosed documentation and/or accompanying items (hereinafter referred to as “SOFTWARE”). This AGREEMENT states the terms and conditions upon which AUTHOR offers to licence the SOFTWARE.
This agreement is binding upon you as well as anyone taking any action with regard to your copy of the SOFTWARE at your direction or not. This applies to any third party as well.
You should carefully read the following terms and conditions before using this SOFTWARE. Unless you have a different licence AGREEMENT signed by AUTHOR your use of this SOFTWARE indicates your acceptance of this licence AGREEMENT and warranty.
By continuing the installation of this SOFTWARE, running or copying it to a DEVICE, you agree to be bound by the terms and conditions of this AGREEMENT.
A “DEVICE” is defined as a computer, virtual machine (VM), emulator, PDA or any other kind of device capable of running the software. If you are running multiple VMs on a physical computer, each VM is deemed to represent a separate computer for licencing purposes.
TERMS AND CONDITIONS
- LICENCE. The SOFTWARE is licensed, not sold. You own the media on which the SOFTWARE is provided to you but nothing more except as provided herein. Subject to the terms and conditions of this AGREEMENT, AUTHOR grants you (an entity or a person) the limited right to use a number of copies corresponding to your purchase of the specified version of the SOFTWARE. You may transfer the SOFTWARE from one DEVICE to another as long as it is not present or used on more than one DEVICE per licence at any one time. Solely for your own back-up purposes, you may make copies of the SOFTWARE in the same form as provided to you. You may not copy any of the printed material (if any) for any reason. You have no ownership or proprietary rights in or to the SOFTWARE. You agree that the SOFTWARE will not be used, in any manner, in violation of any applicable law.
- COPYRIGHT. The SOFTWARE is owned and copyrighted by AUTHOR and is protected by United Kingdom copyright laws, other applicable copyright laws and international treaties. AUTHOR reserves all the rights regarding the SOFTWARE. AUTHOR authorises usage of the SOFTWARE only in accordance with the terms and conditions stated in this AGREEMENT. You may not remove any copyright or proprietary notices from the SOFTWARE.
- GENERAL USAGE. Neither you, anyone at your direction, nor any third party, shall take the following actions with regard to the SOFTWARE, or any portion thereof to modify, change, decompile, recompile, disassemble, reverse engineer, adapt, create derivative works, translate or reproduce the SOFTWARE. In any event, you will notify AUTHOR of any information derived from reverse engineering or such activities and the results thereof will constitute confidential information of AUTHOR which may be used only in connection with the SOFTWARE. If you seek interface information you should initially approach AUTHOR.
- COMMERCIAL USAGE & EXPLOITATION. Commercial usage & exploitation is permitted. Neither you, anyone at your direction nor any third party shall take the following actions with regard to the SOFTWARE, or any portion thereof to sell, rent, lend or lease the SOFTWARE.
- DISTRIBUTION. Any distribution is prohibited. Under no circumstances shall you, the end-user, be permitted, allowed or authorised to distribute the SOFTWARE, or any portion thereof.
- UPDATES. AUTHOR reserves the right to update the contents of the SOFTWARE and its associated files, documentation, licence terms and/or other elements,at its discretion from time to time, without the consent of or any obligation to, any licensed users or distributors. Updates will be provided for a limited time only as governed by the support policy and may withdrawn for any reason.
- LIMITED WARRANTY.
- AUTHOR warrants that if properly installed and operated on a DEVICE for which it was designed using compatible equipment as described in the “Compatibility List” accompanying the SOFTWARE, the SOFTWARE will perform substantially in accordance with the accompanying documentation for a period of thirty (30) days from the date of purchase of the SOFTWARE.
- However, due to the inherently complex nature of computer software, AUTHOR does not warrant that the SOFTWARE or the documentation is error free, will operate without interruptions, be compatible with all equipment and software configurations, or will otherwise meet your needs. You are advised to verify your work and make backup copies.
- ACCORDINGLY, THE SOFTWARE IS PROVIDED “AS-IS”. NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WARRANTIES OF THE MERCHANTABILITY OR FITNESS FOR ANY PURPOSE WITH RESPECT TO THE SOFTWARE ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON.
- Your sole remedy and AUTHOR’S entire liability will be at AUTHOR’s discretion, either repair or replacement of the SOFTWARE, or return of the price paid. If a replacement is provided, this may be a pre-release, beta or release candidate version of the product. If a return is accepted, you will need to return the original copies of the SOFTWARE and the accompanying items (including all written materials, if any) along with proof of purchase and any back-up copies.
- REMEDIES. AUTHOR WILL NOT BE LIABLE AND WILL PROVIDE NO REMEDY FOR LOST DATA, LOST SAVINGS, LOST PROFITS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR ANY OTHER DAMAGES ARISING FROM NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, BREACH OF CONTACT, EVEN AFTER NOTICE OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY. YOU AGREE THAT THE ENTIRE LIABILITY OF AUTHOR AND YOUR EXCLUSIVE REMEDY SHOULD THE ABOVE LIMITATION BE HELD TO BE VOID, INVALID OR ILLEGAL BY A COURT, SHALL BE THE RETURN OF THE PURCHASE PRICE PAID OR REPLACEMENT OF THE SOFTWARE.
- TRANSFER. Neither this AGREEMENT nor any part or portion of it shall be assigned or sublicensed, except as described herein.
- TERM. This licence and your right to use the SOFTWARE terminates automatically if you violate any part of this AGREEMENT without notice from AUTHOR. You can also terminate this licence at any time. You agree upon termination to destroy all copies of the SOFTWARE immediately. Upon termination AUTHOR may also enforce any rights provided by law.
- INDEMNIFICATION. You hereby agree to indemnify, hold harmless and defend AUTHOR, his family, relatives, licensees, sub-licensees, distributors and lawyers against any and all damages, losses, claims, courses of action, lawsuits, liabilities, judgements and all expenses arising from, resulting to, or in connection with a breach of this AGREEMENT by you and arising from, relating to, or in connection with your use or non-use of the SOFTWARE.
- RESTRICTED RIGHTS. The SOFTWARE and any related documentation is provided with restricted and limited rights. Use, duplication or disclosure by U.S. Government is subject to restrictions as set forth in the subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software Clause at 252.227-7013. If you are using this software outside the U.S. you agree to be bound by the applicable law in your country.
- PRICE ENGINE. By enabling this functionality, you agree that system information (devices installed), specifically entered information (postcode/ZIP, etc.) and local information (language, currency, country, etc.) – henceforth known as “USER DATA” – can be sent to AUTHOR and/or PRICE ENGINE and used at their discretion for the purpose of downloading and displaying price and product information. USER DATA is not linked to other identifiable information (e.g. IP address) even if provided. Both AUTHOR and PRICE ENGINE do track the volume of queries submitted in order to prevent abuse, hacking and/or DOS (denial of service) attacks and for statistical analysis. By visiting a merchant using the links provided or by purchasing a product or service using the links, you agree that AUTHOR and/or PRICE ENGINE may receive a commission.
- UPLOADED DATA. By uploading benchmark results, system reports and/or logs – henceforth known as “UPLOADED DATA”, you agree that AUTHOR may use this information for the intended purpose (e.g. technical support) as well as other related purposes (e.g. statistical analysis). UPLOADED DATA is not linked to other identifiable information even if provided (e.g. IP address, serial numbers, etc.). UPLOADED DATA does not purposely include identifiable information; where such information has been included, it will be removed.
- Should any provision of this AGREEMENT be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision’s intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of this AGREEMENT shall not constitute or be construed as a waiver of such provision or the right to enforce the provision.
- The following provisions shall survive the expiration or early termination of this AGREEMENT: paragraphs 2., 3., 4., 5. and 11.
- ENTIRE AGREEMENT. This AGREEMENT constitutes the entire AGREEMENT between you, the end-user, and AUTHOR and supersedes any prior written or oral agreement concerning the SOFTWARE. AUTHOR is not bound by any action, statements, or any provisions made by anyone else. No modification or change in this AGREEMENT shall be valid or binding upon AUTHOR unless in writing.
- APPLICABLE LAW. This AGREEMENT shall be governed by the laws of the United Kingdom. You agree to jurisdiction and venue in the courts located in London, U.K. for all claims, disputes and litigation arising under or related to this AGREEMENT. The export of this product is governed by U.K. export regulations.
BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT’S TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Third-party modules, primarily libraries from Microsoft® are bundled with the software and are subject to separate license terms that are not covered under this agreement. Any such separate license terms are provided in a text file accompanying this individual third-party module.
If you do not agree with the terms and conditions of this AGREEMENT or do not understand any of them, promptly return the SOFTWARE and the accompanying items (including all documentation and accompanying items, if any) along with your receipt to the place you obtained them for a refund.
If you must ship the SOFTWARE to AUTHOR you must prepay shipping and either insure the SOFTWARE or assume all risk of loss or damage in transit.