End User License Agreement Solawinds IP Address Tracker : Différence entre versions

Version actuelle en date du 16 mars 2013 à 13:49

End User License Agreement - Solawinds - IP Address Tracker
Installation au 16/03/2013

IMPORTANT -- READ CAREFULLY BEFORE USING THIS SOFTWARE: THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND SOLARWINDS, INC. ("SOLARWINDS") COVERING YOUR USE OF THE SOLARWINDS SOFTWARE APPLICATION (“SOFTWARE”) THAT YOU HAVE ACQUIRED. YOU ACKNOWLEDGE UPON INSTALLATION OF ANY SOFTWARE THAT YOU HAVE REVIEWED AND AGREED TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE SOFTWARE. IF YOU HAVE ALREADY INSTALLED THIS SOFTWARE AND DO NOT AGREE TO THESE TERMS, PLEASE UNINSTALL THE SOFTWARE AND IMMEDIATELY DISCONTINUE ITS USE. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO COMPLY WITH ITS TERMS AND CONDITIONS.

BY CLICKING ON THE "I ACCEPT" BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, OR USING THE EQUIPMENT THAT CONTAINS THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "NO" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE. IN ADDITION: (1) IF YOU PURCHASED THE PRODUCT, RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND; OR, (2) IF YOU ARE OTHERWISE ATTEMPTING TO DOWNLOAD THE PRODUCT AND YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT COMPLETE THE DOWNLOAD; OR, (3) IF YOUR SOFTWARE WAS INCLUDED IN EQUIPMENT WHICH YOU PURCHASED AND YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.

As used herein, “EULA” means an end user license agreement. This EULA is a legal agreement between you (either an individual or an entity) and SolarWinds, Inc. and its suppliers and resellers (collectively "SolarWinds") for the Software which may include components provided by suppliers and third-parties to SolarWinds.

“Software” means the object code versions of the product, together with the updates, upgrades, modifications or enhancements owned and provided by SolarWinds to you pursuant to this agreement.

As used herein, "Computer" means the hardware, if the hardware is a single computer system whether physical or virtual, or shall mean the computer system with which the hardware operates, if the hardware is a computer system component.

This Software is an application made up of individual software components, each of which was individually written and copyrighted. The Software is a collective work under U.S. Copyright Law. Upon installation of this Software, SolarWinds hereby grants you the following license to use the Software in your facility subject to the terms contained herein subject to the licenses referenced herein.

1. GRANT OF LICENSE. SolarWinds hereby grants to you a non-exclusive, personal license to use the Software and any related documentation ("Documentation") for the sole purpose of resetting license keys for authorized versions of SolarWinds software applications.

2. LICENSE RESTRICTIONS.

a) You may not use this program to generate a license key for a product which you do not have a license or which you do not have a fully paid maintenance contract.

b) You may not: (i) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software or Documentation; (ii) remove any proprietary notices or labels on the Software or Documentation. Any such forbidden use shall immediately terminate your license to the Software.

c) You may not delete, remove, hide, move or alter any Icon, Image or Text that represents either the company name of SolarWinds or any derivation thereof. All representations to the company name “SolarWinds” must remain as originally distributed regardless of the presence or absence of a trademark or copyright symbol.

d) This EULA does not grant you any rights in connection with any trademarks or service marks of SolarWinds or its suppliers. All title and intellectual property rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the Software, the accompanying printed materials, and any copies of the Software) are owned by SolarWinds, its suppliers, or are publicly available. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted under this EULA are reserved by SolarWinds and its suppliers. You agree that you will not export or re-export the Software to any country, person, or entity subject to U.S. export restrictions. You specifically agree not to export or re-export the Software (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country; (ii) to any person or entity who you know or have reason to know will utilize the Software or portion thereof in the design, development, or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government.

e) You agree that you shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

f) SolarWinds strictly prohibits the use of the Software to sell or provide Network Monitoring Services to users who are not individually licensed by SolarWinds except as described herein.

3. TITLE. Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain in SolarWinds and/or its suppliers. The Software and the Services are protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Software and the Services ("Content") shall be retained by the applicable Content owner and may be protected by applicable copyright or other law. This license gives you no rights to such Content.

4. DATA RIGHTS. You should be aware that SolarWinds' Software contains functions for collecting information related to your use of the Software. SolarWinds may also collect and track non-personally identifiable information about you including but not limited to your IP address, the type of hardware you use and the type of browser you employ. SolarWinds reserves the right to compile, save, use within the scope of SolarWinds' activities, and analyze any and all of your data (registration data, and use history). SolarWinds intends to use such data for internal purposes only, including without limitation for the purposes of responding to your requests for information and for contacting you. SolarWinds may provide aggregated statistics about your use of the Software to third parties, but such information will be aggregated so that it does not identify a particular individual or company.

5. LIMITED WARRANTY. SOLARWINDS IS PROVIDING AND LICENSING THE SOFTWARE TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

6. NO LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SOLARWINDS, INC. BE LIABLE TO YOU FOR MORE THAN THE AMOUNT OF LICENSE FEES THAT YOU HAVE PAID TO SOLARWINDS IN THE PRECEDING (12) TWELVE MONTHS OR BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR SOFTWARE PROGRAMS, EVEN IF SOLARWINDS, INC. OR A DEALER AUTHORIZED BY SOLARWINDS, INC. HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. GENERAL. If any provision of this Agreement is held to be unenforceable, that shall not affect the enforceability of the remaining provisions. This Agreement shall be governed by the laws of the State of Texas and of the United States, without regard to any conflict of laws provisions, except that the United Nations Convention on the International Sale of Goods shall not apply.

8. COMPLETE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous communications, agreements and understandings, written or oral, with respect to the subject matter hereof including without limitation the terms of any EULA contained in the software or any purchase order issued in connection with this Agreement. This Agreement shall not be amended or modified except in a writing signed by authorized representatives of each party.

9. RESTRICTED RIGHTS. SolarWinds' software is provided to non-DOD agencies with RESTRICTED RIGHTS and its supporting documentation is provided with LIMITED RIGHTS. Use, duplication, or disclosure by the government is subject to the restrictions as set forth in subparagraph "C" of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19. In the event the sale is to a DOD agency, the government's rights in software, supporting documentation, and technical data are governed by the restrictions in the Technical Data Commercial Items clause at DFARS 252.227-7015 and DFARS 227.7202. Manufacturer is SolarWinds,Inc., 3711 South MoPac Expressway, Building Two, Austin, Texas 78746.

Copyright © 2009 SolarWinds, Inc. All Rights Reserved. End User License Agreement.

Revised October 7, 2008