Chroniker for Availability Monitoring End user license agreement
Licenses granted hereunder.
Licensor warrants that the Software licensed (specified in your license file) will operate on any of the platforms (combination of operating system, Java (TM) virtual machines and external modules) published by Licensor as "Supported Platforms" and shall operate and conform to the specifications set out in or referenced to in the supplied documentation except for defects or non-conformities causing minor and trivial deviations there from.
Any modification of the Software by any person other than a Licensor representative or any use of the Software with infringing software or data will void this warranty.
THE WARRANTIES GIVEN IN THIS SECTION CONSTITUTE THE ONLY REPRESENTATIONS AND WARRANTIES MADE BY LICENSOR WITH RESPECT TO DEFECTS OR NON-CONFORMITIES IN THE SOFTWARE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
DISCLAIMER OF WARRANTY
Evaluation use Software is provided on an "AS IS"and support services, including error correction and provision of updates, upgrades, new versions or releases, at Licensor’s normal terms and conditions.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR TORT DAMAGES OF ANY NATURE OR KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS, IN CONNECTION WITH OR ARISING OUT OF THE USE, SUPPLY OR PERFORMANCE OF THE SOFTWARE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement is effective until terminated. Licensee may terminate this Agreement at any time by destroying all copies of the Software. This Agreement will terminate immediately without notice from Licensor if licensee fails to comply with any provision of this Agreement. Upon termination, licensee must destroy all copies of the Software.
GOVERNING LAW AND ARBITRATION
This Agreement shall be governed by and construed in accordance with the subst"antive laws of the United States of America. All disputes arising in connection with this Agreement shall be finally settled in Los Angeles, California, United States of America. The official language in such arbitration proceeding shall be the English language.
The performance by either party of its obligations under this Agreement shall be excused by a period reasonable under the circumstances if the failure or delay thereof is caused by industrial disputes such as act of god, riot, war, accident, embargo or requisition.
"), including any accompanying documentation to you only upon the condition that and/or your company (hereinafter referred to as the "licensee" computers, servers or networks as defined by the license file.
The Software is copyrighted, and title to the Software and all associated intellectual property rights are retained by the Licensor. The Software source code is confidential information of Licensor. Licensee may not reverse assemble, reverse compile, otherwise translate or discover the source code of the Software. In addition, unless otherwise specified, Licensee may not rent, lease, sub-license, assign or distribute the Software to any third party.
Licensee agrees that any information or feedback licensee may provide to Licensor in reference to the Software or this Agreement is non-confidential and Licensee grants Licensor a worldwide, fully paid up and irrevocable license to use this information/feedback in Licensor business activities.
Licensor warrants that is has sufficient right and interest in the Software, documentation and other material supplied hereunder to grant the rights and li