68 lines
3.5 KiB
Plaintext
68 lines
3.5 KiB
Plaintext
USE OF THE HYPERIC SIGAR SOFTWARE ("SOFTWARE") IS PROVIDED ONLY UNDER LICENSE
|
|
FROM HYPERIC LLC ("HYPERIC"). PLEASE READ THE FOLLOWING LICENSE CAREFULLY. IF
|
|
YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE
|
|
SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.
|
|
|
|
1. License Terms.
|
|
|
|
a. Personal Use. Subject to the terms of this Agreement, Hyperic grants to you
|
|
a non-exclusive, non-transferable, license to use the Software solely for
|
|
Personal Use, and solely provided that you adhere to all of the terms and
|
|
conditions of this license.
|
|
|
|
b. Restrictions on Use. You may not reverse engineer, decompile, disassemble or
|
|
otherwise attempt to determine source code or protocols from the Software
|
|
without Hyperic's prior written consent.
|
|
|
|
c. No Commerical Use: This License Agreement grants you the right to use the
|
|
Software for personal use only. Commercial use of the Software or of the work
|
|
products resulting from its use is not permitted under this License Agreement.
|
|
|
|
2. Limitation of Liability.
|
|
|
|
The Software is provided gratuitously and, therefore, Hyperic and its suppliers
|
|
shall not be liable for any direct, indirect, incidental, special, punitive or
|
|
consequential damages under any theory of liability whether in tort, contract,
|
|
strict liability or otherwise even if advised of the possibility of such
|
|
damages.
|
|
|
|
3. Intellectual Property Ownership.
|
|
|
|
Hyperic alone (and its licensors, where applicable) shall own all right, title
|
|
and interest, including all related Intellectual Property Rights, in and to the
|
|
Hyperic Technology, the content and any suggestions, ideas, enhancement
|
|
requests, feedback, recommendations or other information provided by you or any
|
|
other party relating to the Service. This Agreement is not a sale and does not
|
|
convey to you any rights of ownership in or related to the Software, the
|
|
Hyperic Technology or the Intellectual Property Rights owned by Hyperic. The
|
|
Hyperic name, the Hyperic logo, and the product names associated with the
|
|
Software are trademarks of Hyperic, and no right or license is granted to use
|
|
them.
|
|
|
|
5. General.
|
|
|
|
a. Export Compliance. You may not download or otherwise export or re-export the
|
|
Software or any underlying information or technology except in full compliance
|
|
with all United States and other applicable laws and regulations. In particular,
|
|
but without limitation, none of the Software or underlying information or
|
|
technology may be downloaded or otherwise exported or re-exported (a) into (or
|
|
to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria, or
|
|
Sudan, or (b) to anyone on the US Treasury Department's list of Specially
|
|
Designated Nationals or the US Commerce Department's Table of Denial Orders. By
|
|
licensing the Software, you are agreeing to the foregoing and you are
|
|
representing and warranting that you are not located in, under control of, or a
|
|
national or resident of any such country or on any such list.
|
|
|
|
c. Severability. If any part of this Agreement is held to be unenforceable,
|
|
in whole or in part, such holding will not affect the validity of the other
|
|
parts of the Agreement.
|
|
|
|
d. Governing Law and Venue. This Agreement will be governed by both the
|
|
substantive and procedural laws of California, U.S.A., excluding its conflict of
|
|
law rules. Any dispute regarding this Agreement will be heard in the state or
|
|
federal courts having jurisdiction in San Francisco, California, U.S.A. and you
|
|
agree that you shall be subject to the personal jurisdiction of such courts.
|
|
|
|
Hyperic LLC
|
|
http://www.hyperic.net
|