SOFTWARE PRODUCT LICENSE AGREEMENT
Copyright (c) 2016 EZ5 Systems Ltd.
All Rights Reserved.
THIS SOFTWARE IS LICENSED, NOT SOLD. YOU MAY USE THIS SOFTWARE ONLY AS DESCRIBED IN THIS LICENSE AGREEMENT (“AGREEMENT”).
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE OR USE ANY REGISTRATION NUMBER THAT WAS PROVIDED WITH THE SOFTWARE.
1. SOFTWARE. The capitalized term “SOFTWARE” refers to the object code for the computer program known as Syslog Watcher, any updates, supplemental code or programs provided to you by EZ5 Systems Ltd. with or in connection with Syslog Watcher, the user’s manual and Help file, any components, any related media and printed materials, and any related “online” or electronic documentation.
2. GRANT OF LICENSE.
– Free Personal License –
You may use the SOFTWARE without charge for a service life thereof, i.e. for a time period throughout which EZ5 Systems Ltd. shall maintain and make available an updated version thereof. This license is distributed free of charge and it is only granted for personal non-commercial use thereof. For so long as the SOFTWARE is the most current version of Syslog Watcher distributed by EZ5 Systems Ltd., you may give exact copies of the SOFTWARE to anyone. You must distribute a copy of this license with any copy of the SOFTWARE and anyone to whom you distribute the SOFTWARE is subject to this license.
– Registered Licenses (Standard License, Pro License) –
When you purchase a license, you will be provided with a registration number. You must enable the registered license for the SOFTWARE by entering the registration number as prompted by the SOFTWARE. You may install and use one copy of the registered SOFTWARE on the number of computers for which you have purchased a separate license as indicated on the invoice or sales receipt. If you acquired the SOFTWARE for a reduced price as an upgrade from a previous version of the SOFTWARE, you may no longer use the previous version. The primary user of a computer for which a license has been purchased may access the SOFTWARE via a remote technology. You may also make one copy of the SOFTWARE for back-up or archival purposes. Otherwise, you may not copy the SOFTWARE in whole or in part. You may permanently transfer all of your rights under this license if the recipient agrees to the terms of this license, you destroy any copy of the SOFTWARE not transferred to the recipient, and, if the SOFTWARE was licensed to you at a reduced price as an upgrade from a previous version, you destroy any copy of any previous version that is not transferred to the recipient.
– Enterprise License –
An Enterprise License permits using the SOFTWARE on several (or all) computers within the company. Usages permitted under the Enterprise License are the same as for a Registered License.
3. RESTRICTIONS. You may not reduce the SOFTWARE to human readable form, reverse engineer, de-compile, disassemble, merge, adapt, or modify the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the SOFTWARE. You may not use the SOFTWARE to perform any unauthorized transfer of information, such as copying or transferring a file in violation of a copyright, or for any illegal purpose.
4. SUPPORT SERVICES. EZ5 Systems Ltd. may provide you with support services related to the SOFTWARE. Use of support services is governed by the user’s manual, online documentation, and other materials, as they may be modified from time to time. EZ5 Systems Ltd. may use any information you provide as part of obtaining support services for its business purposes, including product support and development.
5. TERMINATION. This license terminates if you fail to comply with its terms and conditions. If your license terminates, you must destroy all copies of the SOFTWARE. The termination of this license does not limit EZ5 Systems Ltd.’s other rights it may have by law.
6. INTELLECTUAL PROPERTY. You acknowledge that you have only the limited, non-exclusive right to use and copy the SOFTWARE as expressly stated in this license and that EZ5 Systems Ltd. retains title to the SOFTWARE and all other rights not expressly granted. You agree not to remove or modify any copyright, trademark, patent or other proprietary notices that appear, on, in or with the SOFTWARE. The SOFTWARE is protected by copyright and trademark laws and international treaty provisions.
7. NO WARRANTIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SUPPORT SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IF APPLICABLE LAW REQUIRES A WARRANTY, THE REQUIRED WARRANTY IS LIMITED TO NINETY (90) DAYS FROM YOUR RECEIPT OF A COPY OF THE SOFTWARE. COMPUTER PROGRAMS ARE INHERENTLY COMPLEX, AND THE SOFTWARE MAY NOT BE FREE OF ERRORS. THE SOFTWARE IS PROVIDED WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
8. LIMITATION OF LIABILITY. EZ5 SYTEMS LTD. IS NOT LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF EZ5 SYSTEMS LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS APPLICABLE LAW PROVIDES OTHERWISE, EZ5 SYSTEMS LTD.’S LIABILITY FOR ANY CLAIM RELATED TO YOUR PURCHASE OF A LICENSE FOR OR USE OF THE SOFTWARE, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF U.S. $5.00 OR THE LICENSE FEE PAID BY YOU.
9. MISCELLANEOUS. This license constitutes the complete and exclusive agreement between you (either as an individual or an entity) and EZ5 Systems Ltd.. This license may only be modified by a written document signed by EZ5 Systems Ltd.. No EZ5 Systems Ltd. dealer or distributor is authorized to change the terms of this license. If any provision of this license is held to be unenforceable, the remainder of the license shall not be affected, and the unenforceable provision shall be reformed to the extent necessary to make the provision enforceable.
Should you have any questions concerning this license, or if you desire to contact EZ5 Systems Ltd. for any reason, please contact EZ5 Systems Ltd. by electronic mail.