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“You” or “your” as used herein means the person or company who is being licensed to use the Software, as defined below. “We”, “us”, and “our” as used herein means Neutex Systems. The “Software” as referred to herein means Neutex NetPoint, an automated network inventory system. This “Agreement” is made between you and us at the time you initially obtain the Software. The Software is licensed in two different editions, a free “Express” edition that has limited functionality and a “Professional” edition with full functionality that can be purchased from our web site.
Licenses for both the Express and Professional editions of the Software are granted according to the following restrictions:
You may:
- copy the Software for archival purposes, provided any copy contains all of the original Software`s proprietary notices.
You may not:
- permit other individuals to use the Software except under the terms listed within this Agreement;
- modify, translate, reverse engineer, decompile, or disassemble the Software;
- create derivative works based on the Software;
- copy the Software (except as specified within this Agreement);
- rent, lease, transfer or otherwise transfer rights to the Software;
- remove any proprietary notices or labels on the Software;
- bypass any functionality of the Software related to licensing.
Additionally, if you use the Professional edition of the Software the following restrictions also apply:
You may:
- use the Software with the license file issued by us to you on any single computer;
You may not:
- use the Software with any license file other than one we issued to you.
- exceed the amount of computers being inventoried or other limitations we defined in the license file issued to you.
Termination
The license will automatically terminate if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software and Documentation.
Disclaimer of Warranty
The Software is provided on an AS IS basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you assume the entire cost of any service and repair.
We are not responsible for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses.
Title, ownership rights and intellectual property rights in and to the Software shall remain in us. The Software is protected by international copyright treaties.