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END-USER LICENSE AGREEMENT FOR XRAY WEB LOG ANALYZER STD
IMPORTANT:
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL:
XRAY WEB LOG ANALYZER STD End-User License Agreement ("EULA") is a legal agreement between you ("CLIENT"), either as an individual or a single entity, and HyperSystems Srl (of which Knowledge Processors is a division) for the HyperSystems software product identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA, including the clauses of specific approval indicated below. This license agreement represents the entire agreement concerning the program between you and HyperSystems, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties.
If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. HyperSystems grants the CLIENT, who accepts, a non-exclusive and non-transferable license for the use of the SOFTWARE PRODUCT under the following conditions and terms:
1. LICENSE
1.1. The license of use shall take effect from the date of this agreement and shall have permanent indetermined duration. In every respect of this agreement with the term "use of the SOFTWARE PRODUCT ", is meant the execution, on a single computer, of any part of the instructions and data contained in the SOFTWARE PRODUCT. In no case this license entitles to the use of the SOFTWARE PRODUCT on more than one computer at the same time.
1.2. The CLIENT is authorized to use the SOFTWARE PRODUCT only under the terms specified in this agreement and may reproduce only one single back up copy of the SOFTWARE PRODUCT in order to restore it in case of destruction of the original copy.
1.3. The SOFTWARE PRODUCT may not be used without having first accepted this agreement,. A non authorized use of the SOFTWARE PRODUCT is at the CLIENT`s risk.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
2.1. The CLIENT undertakes not to remove the declarations of ownership and/or copyright and/or patents from the SOFTWARE PRODUCT and any of its possible reproductions.
2.2 The CLIENT may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from HyperSystems`s websites may be freely distributed.
2.3. The CLIENT may not modify, adjust, translate, create works from the original SOFTWARE PRODUCT, nor assist third parties in carrying out such actions. The CLIENT may not antitranslate the SOFTWARE PRODUCT by using decompilers, disassemblers, or reverse engineering, nor assist third parties in carrying out such actions
2.4 The CLIENT may not rent, lease, or lend the SOFTWARE PRODUCT.
2.5 The CLIENT may not use the SOFTWARE PRODUCT for service activities.
2.6 HyperSystems may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
2.7. The CLIENT must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
3. FISCAL CHARGES
3.1. Any fiscal charge, however called or arranged, which under legal regulations should be imposed or rated on the license payment, or on the basis of this agreement, shall be completely charged to the CLIENT.
4. NO WARRANTY
4.1. HyperSystems expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided "as is" without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. HyperSystems does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. HyperSystems does not warrant that the functions contained in the SOFTWARE PRODUCT will meet the CLIENT`s requirements or that the operation of the SOFTWARE PRODUCT will be uninterrupted or error free. HyperSystems further expressly disclaims any warranty or representation to Authorized Users or to any third party.warranty of any kind.
5. OWNERSHIP
5.1. The ownership, copyright, patents and all other rights applicable to the SOFTWARE PRODUCT, as well to all copies of the same supplied or produced, are and remain the exclusive property of HyperSystems.
6. LIMITATION OF LIABILITY
6.1. In no event shall HyperSystems be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of Authorized Users` use of or inability to use the SOFTWARE PRODUCT, even if HyperSystems has been advised of the possibility of such damages. In no event will HyperSystems be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. HyperSystems shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
6.2. HyperSystems` liability under any other heading deriving from this agreement and connected with the delivery or use of the SOFTWARE PRODUCT will be entire only in the case of criminal intent or serious offence of HyperSystems, but may not, however, exceed the sums paid by the client by virtue of this agreement.
6.3. The CLIENT is obliged, under penalty of forfeiture of any right of action, to communicate by registered mail to HyperSystems any remark or complaint concerning the SOFTWARE PRODUCT within and no later than ten days after the occurrence of the trouble.
7. TERMINATION OF THIS LICENSE
7.1. HyperSystems may terminate this license at any time with immediate effect, without any notice if the CLIENT fails to comply with any term or condition of this agreement.
7.2. Upon such termination the CLIENT may not request the return of the amounts already remitted which will be witheld by HyperSystems as reimbursement for damages, except the reimbursement for any greater damage.
7.3. Upon termination by any of the parties the CLIENT must immediately destroy all the copies of the SOFTWARE PRODUCT.
8. JURISDICTION AND APPLICABLE LAWS
8.1. This agreement is subject to the Italian law.
8.2. Any dispute or controversy between the parties shall be settled by an Italian judge and shall be of competence of the court in Torino.
9. GENERAL
9.1. The parties acknowledge that they have read this agreement, understand it and agree to be bound by its terms and conditions.
9.2. The parties further agree that it is the complete and exclusive statement of the agreement which replaces and supersedes any proposal or prior agreement, oral or written, and any other communications between the parties relating to the subject matter of this agreement.
9.3. No alteration or amendment to this agreement shall be effective between the parties unless it has been approved and signed by the parties themselves.
Clauses of specific approval
The following clauses are specifically approved according to and for the effects of items 1341 and 1342 of the Italian Civil Code: [4.1] Warranty, [6.1 - 6.2] Limitation of Liability, [6.3] Expiration terms for actions, [7.1 - 7.3] Termination of the license, [8.1, 8.2] Jurisdiction and applicable law.