MonitorWare license document – EULA

MonitorWare
Version 13.0 Final Release
End User License Agreement
2019-07-01

This binary code license (“License”) contains rights and restrictions associated with use of the accompanying software and documentation (“Software”). Read the License carefully before installing the Software. By installing the Software you agree to the terms and conditions of this License.

1. Limited License Grant.
Adiscon grants you a non-exclusive License to use the software free of charge for 30 days for the purpose of evaluating whether to purchase a commercial license of MonitorWare Agent. After this period, users are required to purchase proper licenses if you continue to use it. If Customer has purchased MonitorWare Agent licenses, Customer is permitted to use the purchased product edition under the terms of this license agreement.

2. Copyright
The software is confidential copyrighted information of Adiscon GmbH, Germany. You shall not modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer the software. The software may not be leased, assigned, or sublicensed, in whole or in part. A separate license is required for each computer being monitored by the MonitorWare Agent.

3. Trademarks and logos
MonitorWare is a trademark of Adiscon. Windows is a registered trademark of Microsoft Corporation. All other trademarks and service marks are the property of their respective owners.

4. Licensed syslog and SNMP Clients
A MonitorWare Agent license covers the installation of one system. MonitorWare Agent comes in several editions, each of them permitting the reception of data from a different number of devices. You must purchase the edition of MonitorWare Agent that reflects the number of different devices sending messages to the installed MonitorWare Agent server. The MonitorWare Agent Workstation Basic Edition permits you to receive messages from up to 10 devices. The MonitorWare Agent Server Basic Edition permits you to receive messages from up to 50 devices. The MonitorWare Agent Workstation or Server Professional Edition permits you to receive messages from up to 100 devices. The MonitorWare Agent Workstation or Server Enterprise Edition permits you to receive messages from an unlimited number of devices. Please note that instances of Adiscon’s EventReporter and/or MonitorWare Agent do NOT count against the remote device count. So you may use a MonitorWare Agent Server Professional edition to receive data from 500 servers with Adiscon EventReporter installed on them.

5. Licensed remote file monitor Clients
MonitorWare Agent can be used to monitor text files on remote systems. This remote monitoring requires a proper license. MonitorWare Agent comes in several editions, each of them permitting remote file monitoring for a different number of remote systems, You must purchase the edition of MonitorWare Agent that reflects the number of different remote systems being monitored by MonitorWare Agent. The MonitorWare Agent Workstation or Server Basic Edition does not permit you to monitor files on remote systems. The MonitorWare Agent Workstation or Server Professional Edition permits you to monitor files on up to 10 remote systems. The MonitorWare Agent Workstation or Server Enterprise Edition permits you to monitor files on an unlimited number of remote systems.

Please note that only the number of remote systems counts toward the license. So if you monitor 50 files on a single remote system, this counts as a single license. If you monitor a single file on each one of 50 remote systems, than this counts as 50 licenses.

6. Licensed remote event log monitor clients
MonitorWare Agent can be used to monitor Windows event logs on remote computers. A full MonitorWare Agent license is required for each remote computer on which Windows event logs are being monitored. Technically, the product might count licenses based on the number of remote event log monitors configured. In such cases, a license is required for each remote event log monitor configured.

7. Product Editions
A specific edition of the MonitorWare Agent product is licensed. Only the specifically licensed version may be used. For example, if a MonitorWare Agent Workstation Basic Edition is licensed, features of the Professional edition may not be used. The license keys are also technically different, that is a Basic edition license key is technically different from a Professional Edition license key. Thus, a Basic edition license key can not be used to unlock Professional features.

8. Evaluation period
The product comes with a free 30 day evaluation period. We strongly encourage all customers to evaluate the product’s fitness for their systems and environment during the evaluation period. Customer agrees to install the product on production systems only after it has proven to be acceptable on similar test systems.

9. Redistribution
Everybody is granted permission to redistribute the install set if the following criteria are meet:

– the install set, product and all documentation (including this license) are
supplied unaltered
– there is no registration key distributed along with the install set. REGISTRATION
KEYS ARE SOLE INTENDED FOR THE ORIGINAL CUSTOMER. IT IS COPYRIGHT
FRAUD TO DISTRIBUTE REGISTRATIONS KEYS.
– the redistributor is only allowed to charge a nominal fee if the product is included
into a commercial distribution set (e.g. shareware CD collection). For a CD collection,
we deem a fee of up to US$ 30 to be reasonable.
– redistribution as part of a book companion CD is OK, as long as the books purpose is
not only to cover a CD software collection in which case we deem a cost of US$ 50
for the book to be OK.

10. Disclaimer of warranty
The Software is provided “AS IS,” without a warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.

11. Limitation of liability
ADISCON SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE. IN NO EVENT WILL ADISCON BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF ADISCON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS THE CUSTOMERS RESPONSIBILITY, TO USE THE EVALUATION PERIOD TO MAKE SURE THE PRODUCT CAN RUN WITHOUT PROBLEMS IN CUSTOMERS ENVIRONMENT.

12. Severability
The user must assume the entire risk of using the program. IN NO EVENT WILL ADISCON BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT ADISCON RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF ADISCON SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

13. Termination
The License will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software.

14. Product Parts Not Covered by this License
MonitorWare Agent may include optional parts which are not covered by this license. For example, a free web-based interface for log access (phpLogCon) may be part of the MonitorWare Agent package. Any package not licensed under the term of this license will have prominent note as well as its own license document. If in doubt, the MonitorWare Agent service, the MonitorWare Agent configuration Program and the Interactive Syslog Server as well as accompanying documentation are licensed under this agreement.

14. High risk activities
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). Adiscon specifically disclaims any express or implied warranty of fitness for High Risk Activities.

15. General Provisions
This license agreement shall be governed and interpreted in accordance with the substantive law of Germany applicable to contracts made and performed there. The place of performance of the agreement is Germany, Grossrinderfeld notwithstanding where the Customer is situated or any servers are located.

If any provision of this license agreement shall be held void or unenforceable by a court of competent jurisdiction, it shall be severed from this agreement and shall not affect the remaining provisions. Void clauses are to be construed in such a way that the business purpose of said clauses as envisaged by both parties can be realized in a lawful manner. Except as expressly set forth in this agreement, the exercise by either party of any of its remedies under this agreement will be without prejudice to its other remedies under this agreement or otherwise.