Nimsoft Cloud Monitor 2.7


EULA - End User License Agreement



NIMSOFT END USER LICENSE AGREEMENT
These license terms are an agreement between Nimsoft, Inc. and you. Please read them carefully. They apply to the evaluation software named above.
By clicking “I ACCEPT,” you accept these terms for yourself or your employer. By accepting these terms on behalf of your employer, you represent and warrant that you have the full legal authority to bind your employer to these terms. If you do not have such legal authority, or do not accept these terms, click “I DECLINE” and do not use the software.
If you accept these license terms, you have the right below.
1. INSTALLATION AND USE RIGHTS. You may only download and install one copy of the software on a single computer device in order to demonstrate and internally evaluate the software in a production environment only. You may not install or use a copy of the software on a device you do not own or control. Direct competitors of Nimsoft are not permitted to install and use the software. Use of the software outside of the United States is not permitted.
2. TIME-OUT SOFTWARE. The software will stop running ninety (90) days after you install it (the “Evaluation Term”). You may not be able to access data used with the software when it stops running. If you would like to continue using, or to upgrade the software, you may elect to renew and/or upgrade the software for a fee by clicking the “Upgrade” tab within the software and following directions contained therein. Alternately, you may renew and/or upgrade the software by contacting Nimsoft directly.
3. PERSONAL INFORMATION. You may be asked to register personally identifiable information or to enter a Rackspace-provided user name and password in order to access the software. During registration, you must provide complete and accurate identification, contact, and other information required as part of the registration process. Nimsoft may also gather information about your usage of and interaction with the software and products or services ordered through the software. Nimsoft gathers this information primarily to provide you with a better experience and to improve the quality of our services. By providing us your email address, you agree to receive all required notices electronically, to the email address provided. From time to time, Nimsoft will use your contact information to provide you notifications and product updates, and company news and events information. Nimsoft adheres to the EU US Safe Harbor through its parent company, CA, Inc., which is registered with the US Department of Commerce's Safe Harbor Program.
4. Scope of License. The software is licensed, not sold. This agreement only gives you some limited rights to use the software. Subject to the terms and conditions of this agreement, Nimsoft grants you a non-exclusive, non-transferable demonstration license to demonstrate and evaluate the software in object-code form in a production environment during the Evaluation Term at no cost. Nimsoft expressly reserves all other rights. You are restricted from making any workaround in, reverse engineering, decompiling or disassembling the software; creating or using more copies of the software than allowed under this agreement; publishing or transferring the software; renting, leasing or lending the software; using the software after is has timed-out unless you have upgraded the software as specified in this agreement and in the software; disclosing the result of any benchmark test of the software to any third party, without Nimsoft's prior written consent.
5. Export Restrictions. The software is subject to United States export laws and regulations. In no event are you allowed to download or use this software outside of the United States.
6. Disclaimer of Warranty. The software is licensed “as-is.” You bear the risk of using the software. Nimsoft DISCLAIMS ALL WARRANTIES RELATING TO THE PROGRAMS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. Limitation on and Exclusion of Remedies and Damages. In no event will Nimsoft be liable FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR FOR INTERRUPTION OF USE, LOSS OF PROFITS OR LOSS OR CORRUPTION OF DATA even if Nimsoft knew or should have known about the possibility of such damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. Nimsoft's. You can recover from Nimsoft only direct damages up to $5.00. You cannot recover for any other damages.
8. Governing Law. This agreement is governed by the laws of the State of New York. The UN Convention on Contract for the International Sale of Goods will not apply to this agreement. The exclusive jurisdiction for any dispute will be the state or federal courts of Suffolk County, New York.
9. Severability. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision(s) shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
10. Entire Agreement. The terms contained herein constitutes the entire agreement between Nimsoft and you for the software.



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Users Rating:  
  4.0/5     1
Downloads: 250
Updated At: 2024-03-19
Publisher: Nimsoft
Operating System: windows
License Type: Free