Software License Agreement -
Read This Carefully Before Installing The Software
THIS IS A LEGAL AGREEMENT BETWEEN
YOU AND OPENSERVICE, INC. BEFORE
CONTINUING WITH THE INSTALLATION OF THE PROGRAM, YOU MUST READ, ACKNOWLEDGE AND
ACCEPT THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE AGREEMENT WHICH
FOLLOWS. THE SOFTWARE LICENSE AGREEMENT MAY ALSO BE FOUND IN THE OPENSERVICE,
INC. LICENSE BOOKLET OR USER'S MANUAL CONTAINED IN YOUR WRITTEN MATERIALS. WHEN PROMPTED, PLEASE INDICATE WHETHER
YOU ACCEPT OR DO NOT ACCEPT. IF
YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE, YOU MAY
RETURN THE MEDIA PACKAGE AND ALL ACCOMPANYING ITEMS (INCLUDING WRITTEN
MATERIALS AND BINDERS OR OTHER CONTAINERS), TO THE PLACE YOU OBTAINED THEM FOR
A FULL REFUND; OR YOU MAY WRITE, OPENSERVICE, INC., ATTN: LICENSING DEPARTMENT,
110 TURNPIKE ROAD, SUITE 308, WESTBOROUGH, MA 01581 U.S.A.
OPENSERVICE, INC. LICENSE
GRANT OF LICENSE. OPENSERVICE, INC. ("OPEN"), grants to you, the end
user, a personal, nonexclusive license to use a single copy of this OPEN
NerveCenter 3.7 software program, including any updates, additional modules, or
additional software provided by OPEN in connection therewith (the
"Software"), solely for your own use, and solely in accordance with
the terms and conditions of this license agreement. You may copy the Software into the memory of any computer,
solely as necessary to use the Software in accordance with this license
agreement.
INSTALLATION AND USE. You may install and use only the Software for which you have
received a valid license key code (serial number) from OPEN or its
distributors, to manage up to the number of Nodes ("Node" includes a
workstation or server Agent), specified in your purchase documentation. Your license key code (serial number)
may only be installed in a single system at any one time. You may use the Software and related
documentation on only as many servers as you have purchased licenses.
The
Software contains portions of Seagate Crystal Reports 6.0 and your right to use
those portions shall be as described below.
CRYSTAL REPORTS RUNTIME SOFTWARE. The software files listed in the
software file "runtime.hlp," provided on your Software media,
individually, collectively or in any combination, constitute Runtime
Software. Unless this is a
"Not for Resale" or "Evaluation" copy, Seagate Software
grants you a Limited Runtime License to reproduce and distribute exact copies
of the Runtime Software, and to modify, reproduce and distribute the sample
applications made from the original Software media, if and only if all of the
following conditions are satisfied:
(a) you distribute copies of Runtime Software solely for the purpose of
executing specific-purpose application programs written using an authorized
copy of the Software (b) you remain solely responsible for support, service,
upgrades, and technical or other assistance, required or requested by anyone
receiving such Runtime Software copies or sample applications (c) you do not
use the name, logo, or trademark of OPEN or its suppliers, or the Software,
without written permission from OPEN (d) you do not alter, disassemble, decompile,
translate, adapt or reverse-engineer the Runtime Software (e) OPEN and its
suppliers make no warranty other than the limited warranty provided to you in
this license agreement and (f) you will defend, indemnify and hold OPEN and its
suppliers harmless against any claims or liabilities arising out of the use,
reproduction or distribution of Runtime Software copies and/or sample
applications.
You may not include the Runtime Software or sample
applications in any general-purpose report writing and/or database querying
product, or any other product that is generally competitive with OPEN or
Seagate product offerings; nor may you use the Runtime Software to create a
product that is generally competitive with OPEN or Seagate product offerings.
If you wish to distribute copies of the Runtime Software or sample applications
on other terms, you must obtain written permission from OPEN.
"Not for Resale" and
"Evaluation" versions of the Software do not include a Limited
Runtime License, and you may not, therefore, distribute Runtime Software or
sample applications.
Seagate Crystal Reports 6.0 may contain software
components from OPEN’s suppliers.
This license agreement does not grant you any right to distribute
software components from these suppliers; including but not limited to,
Microsoft Corporation's "JET Files", unless you have obtained proper
authorization from the appropriate supplier.
COPYRIGHT AND COPIES. The Software (including any copy thereof), is owned by OPEN
or its suppliers and is protected by United States copyright and patent laws
and international treaty provisions.
The Software copy is licensed, not sold to you, and you are not an owner
of any copy thereof. You may
either (a) make one copy of the Software solely for backup or archival
purposes, or (b) transfer the Software to a single hard disk provided you keep
the original solely for backup or archival purposes. You may not otherwise copy the Software except as expressly
authorized by applicable law, and you may not copy the written materials
accompanying the Software. OPEN hereby reserves all rights not explicitly
granted in this software license agreement.
Unisys
Corporation GIF-LZW - Licensed under U.S. Patent No. 4,558,302 and foreign
counterparts.
OTHER RESTRICTIONS. You may not rent or lease the Software, but you may transfer
the Software and accompanying written materials on a permanent basis provided
you retain no copies and the recipient agrees to the terms of this
Agreement. If the Software is an
update, any transfer must include the update and all prior versions. You may not modify or translate the
Software. You may not reverse
engineer, decompile or disassemble the Software, except to the extent expressly
authorized by applicable law.
DUAL MEDIA.
If the Software package contains more than one form of media, such as a
3.5" diskette and a CD-ROM, then you may use only one of the media
appropriate for your computer or computer system. You may not use the other media on another computer or loan,
rent, lease, or transfer them to another except as part of the permanent
transfer (as provided above), of all Software and written materials.
LIMITED WARRANTY AND REMEDY. OPEN warrants the
physical media (e.g. diskette(s) or CD-ROM), and the physical documentation, to
be free of defects in materials and workmanship for a period of 90 days from
the original purchase date. If
Open receives notification within this warranty period of any such defects and
such notification is determined to be correct, OPEN will, at its sole option
and discretion, repair or replace the media or documentation, or provide you a
full refund. The foregoing is your
sole and exclusive remedy and states OPEN's and its suppliers' entire liability
arising out of this warranty. This
limited warranty is void if the damage or defect has resulted from accident,
abuse or misapplication.
NO OTHER WARRANTIES. THE LIMITED WARRANTY ABOVE IS EXCLUSIVE AND IN LIEU OF ALL
OTHER CONDITIONS AND WARRANTIES FOR THE SOFTWARE AND DOCUMENTATION. OPENSERVICE
AND ITS SUPPLIERS MAKE NO OTHER CONDITIONS OR WARRANTIES, EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, AND EXPRESSLY DISCLAIM ALL OTHER CONDITIONS AND
WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED CONDITIONS OR WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT FOR THE
SOFTWARE AND DOCUMENTATION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITED LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT AND UNDER NO LEGAL THEORY SHALL OPENSERVICE OR ITS SUPPLIERS BE LIABLE TO
YOU FOR ANY COSTS OF SUBSTITUTE PRODUCTS, OR FOR ANY CONSEQUENTIAL, SPECIAL,
INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE LICENSE
OF, USE OF, OR INABILITY TO USE ANY OPEN SOFTWARE OR DOCUMENTATION, EVEN IF
OPEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OPEN'S OR ITS
SUPPLIERS' LIABILITY EXCEED THE LICENSE FEE PAID BY YOU. THIS LIMITATION OF LIABILITY AND RISKS
IS REFLECTED IN THE PRICE OF THE SOFTWARE LICENSE.
TERM.
This license is effective until terminated. You may terminate it at any time by destroying the Software
together with all copies, modifications and merged portions in any form. It will also terminate automatically
upon your failure to comply with any term or condition of this Agreement. In the event of such termination, you
agree to promptly destroy the Software together with all copies, modifications
and merged portions in any form.
EVALUATION LICENSE. Notwithstanding any provision of this license agreement to
the contrary, the following terms and conditions shall apply to any evaluation
license acquired. Any evaluation
license to use the Software shall terminate sixty (60) days from the date of
your initial installation of the Software. Evaluation Software may be used solely for your own internal,
non-commercial evaluation purposes.
Evaluation Software may not be transferred, is licensed to you without
fee, and is provided for all intents and purposes "as is." To the maximum extent permitted by
applicable law, you agree to release, defend, indemnify and hold OPEN harmless
from any claims and/or damages of any kind, by any party or entity, arising out
of your use of any evaluation Software.
All other terms and conditions of this license agreement shall otherwise
apply to any evaluation license granted hereunder.
MISCELLANEOUS. This is the entire Agreement between
you and OPEN, and supersedes any prior agreement, whether written or oral,
relating to the subject matter of this Agreement. The parties disclaim the application of the United Nations Convention
on the International Sale of Goods.
This Agreement is governed by the laws of the state of Delaware, U.S.A.,
without reference to conflict of laws principles. All disputes arising out of this Agreement shall be
litigated or otherwise resolved exclusively in the state of Delaware. You may not export or re-export the
Software or documentation without the appropriate United States or foreign
government licenses. If any
provision of this Agreement is ruled invalid, such invalidity shall not affect
the validity of the remaining portions of this Agreement.
U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and accompanying
documentation are deemed to be "commercial computer software" and
"commercial computer software documentation," respectively, pursuant
to DFARS Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction
release, performance, display or disclosure of the software and accompanying
documentation by the U.S. Government shall be governed solely by the terms of
this Agreement and shall be prohibited except to the extent expressly permitted
by the terms of this Agreement.
You
must affix the following legend to each copy of the Software:
Use,
duplication, reproduction, or transfer of this commercial Software and
accompanying documentation is restricted in accordance with FAR 12.212 and
DFARS 227.7202 and by a license agreement. Contact OPENSERVICE, INC., ATTN: LICENSING DEPARTMENT, 110
TURNPIKE ROAD, SUITE 308, WESTBOROUGH, MA 01581 U.S.A.
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This file was
last updated on 10 October 2000 |