TEN USER TEAM LICENSE AGREEMENT
FOR SIMTEC LIMITED HTTPWATCH PROFESSIONAL EDITION VERSION 5.x
SOFTWARE
IMPORTANT-READ CAREFULLY!
This Simtec Limited End-User License Agreement ("EULA") is a
legal AGREEMENT between you and Simtec Limited for the Simtec
Limited software product identified above, which product
includes computer software and may include associated media,
printed materials, and "online" or electronic documentation
("SOFTWARE PRODUCT"). By installing, copying, or otherwise using
the SOFTWARE PRODUCT, you agree to be bound by the terms of this
EULA.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and
international copyright treaties, as well as other intellectual
property laws and treaties. The SOFTWARE PRODUCT is licensed,
not sold.
1) GRANT OF LICENSE
This EULA grants you, the computer software end-user, the
following rights:
i. The SOFTWARE PRODUCT may be used only by the ten members of
your team
ii. You may install and use the SOFTWARE PRODUCT on any
computers used exclusively by the ten members of the team .
2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
i. The SOFTWARE PRODUCT is licensed as a single product. Its
component parts may not be separated for use on more than one
computer.
ii. Rental. You may not rent, lease, or lend the SOFTWARE
PRODUCT to any party.
iii. Software Transfer. You may permanently transfer all of your
rights under this EULA, provided you (a) retain no copies, (b)
transfer all of the SOFTWARE PRODUCT (including all component
parts, the media and printed materials, any upgrades, this EULA,
and, if applicable, the Certificate of Authenticity), and (c)
the recipient agrees to abide by all of the terms of this EULA.
If the SOFTWARE PRODUCT is an upgrade, any transfer must include
all prior versions of the SOFTWARE PRODUCT and all of your
rights therein, if any.
iv. Support Services. Simtec Limited may provide you with
support services related to the SOFTWARE PRODUCT ("Support
Services"). The provision and use of Support Services is
governed by the Simtec Limited policies and programs described
in the SOFTWARE PRODUCT user manual and/or in "online"
documentation. Any supplemental software code provided to you as
part of the Support Services shall considered part of the
SOFTWARE PRODUCT and subject to the terms and conditions of this
EULA. With respect to technical information you provide to
Simtec Limited as part of the Support Services, Simtec Limited
may use such information for its business purpose, including for
product updates and development. Simtec Limited will use its
best efforts to not utilize such technical information in a form
that personally identifies you.
3) COPYRIGHT AND TRADEMARKS
i. All title, trademarks and copyrights in and pertaining to the
SOFTWARE PRODUCT (including but not limited to any images,
photographs, animation, video, audio, Music, text, and applets
incorporated into the SOFTWARE PRODUCT), the accompanying,
printed materials and any copies of the SOFTWARE PRODUCT are
owned by Simtec Limited or its affiliated companies or
suppliers. The SOFTWARE PRODUCT is protected by copyright and
trademark laws and international treaty provisions. You must
treat the SOFTWARE PRODUCT like any other copyrighted material
for archival purposes only. You may not copy the printed
materials accompanying the SOFTWARE PRODUCT.
ii. You may not remove, modify or alter any Simtec Limited
copyright or trademark notice from any part of the SOFTWARE
PRODUCT, including but not limited to any such notices contained
in the physical and/or electronic media or documentation, in the
Simtec Limited HttpWatch Setup Wizard dialogue or 'about' boxes,
in any of the runtime resources and/or in any web-presence or
web-enabled notices, code or other embodiments originally
contained in or dynamically or otherwise created by the SOFTWARE
PRODUCT.
4) MISCELLANEOUS
Should you have any questions concerning this EULA, or if you
desire to contact Simtec Limited for any reason, please contact
the Simtec Limited distributor serving your country, or contact:
Simtec Limited by e-mail to: sales@simtec.ltd.uk.
5) LIMITED WARRANTY
i. LIMITED WARRANTY Simtec Limited warrants that (a) the
SOFTWARE PRODUCT will, for a period of ninety (90) days from the
date of your receipt, perform substantially in accordance with
Simtec Limited's written materials accompanying it, and (b) any
Support Services provided by Simtec Limited shall be
substantially as described in applicable written materials
provided to you by Simtec Limited, and (c) Simtec Limited
support engineers will make commercially reasonable efforts to
solve any problem issues with the SOFTWARE PRODUCT. To the
extent that implied warranties on the SOFTWARE PRODUCT are
disclaimable, they are disclaimed herein below. Some states and
jurisdictions do not allow disclaimers of or limitations on the
duration of an implied warranty, so the above limitation may not
apply to you. To the extent implied warranties may not be
entirely disclaimed but implied warranty limitations are allowed
by applicable law, implied warranties on the SOFTWARE PRODUCT,
if any, are limited to ninety (90) days.
ii. CUSTOMER REMEDIES Simtec Limited's and its suppliers' entire
liability and your exclusive remedy shall be, at Simtec
Limited's option, either (a) return of the price paid by you for
the SOFTWARE PRODUCT (not to exceed the suggested retail price)
if any, or (b) repair or replacement of the component(s) of the
SOFTWARE PRODUCT that do(es) not meet Simtec Limited's Limited
Warranty and which is returned to Simtec Limited with a copy of
your purchase receipt. This Limited Warranty is void if failure
of the SOFTWARE PRODUCT has resulted from accident, abuse, or
misapplication. Any replacement SOFTWARE PRODUCT will be
warranted for the remainder, of the original warranty period or
thirty (30) days, whichever is longer. Outside of the United
States, neither of these remedies nor any product support
services offered by Simtec Limited are available without proof
of purchase from an Simtec Limited authorized international
source.
iii. NO OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, SIMTEC LIMITED AND ITS SUPPLIERS DISCLAIM ALL,
OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT AND THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE
OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
STATE/JURISDICTION.
6) LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL SIMTEC LIMITED OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR
ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES, EVEN IF SIMTEC LIMITED HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SIMTEC
LIMITED'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA
SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY
YOU FOR THE SOFTWARE PRODUCT OR TEN UNITED STATES DOLLARS (U.S.
$10.00); PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A SIMTEC
LIMITED SUPPORT SERVICES AGREEMENT, SIMTEC LIMITED'S ENTIRE
LIABILITY REGARDING SUPPORT SERVICES SHALL, BE GOVERNED BY THE
TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
****************
SIMTEC LIMITED PRIVACY POLICY
Simtec Limited will not gather any personal information about
you or your computer without your explicit approval, except
where this license agreement has been violated by the use of
invalid or pirated license codes. If you give us personal
information or allow us to gather personal information from your
computer, we will tell you exactly what we are collecting and
what it will be used for.
During your product registration, you will be asked to supply
limited information that is used by Simtec Limited to improve
our products, to manage copyright restrictions and licensing
terms, and to offer you additional products. You will always
have the option to restrict Simtec Limited's use and
distribution of your personal information.
During pre-installation and installation of some of Simtec
Limited's products, Simtec Limited will request the gathering of
information from your computer system. We will specify exactly
what information we are collecting.
Simtec Limited reserves the right to use information collected
from customers in aggregate form. This means that we can compile
information such as the number of people who purchased a
specific product. However, your personal information is not used
in this process.