IPHost Network Monitor End User License Agreement
IPHost Network Monitor End User License Agreement
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND ProWide Labs Ltd. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.
READ LICENSE TERMS CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.
In case the EULA text supplied with your copy of IPHost Network Monitor software differs from the one published on IPHost product site, the EULA version on the product site takes precedence.
ProWide Labs Ltd may supply the EULA text in languages different from English; the non-English EULA versions are only supplied for reference, and English EULA version always takes precedence.
1. LICENSE GRANT. ProWide Labs Ltd grants you a non-exclusive license to use the SOFTWARE in object code form as described in this EULA.
A. Commercial Edition ProWide Labs Ltd grants you a license to use one copy of the version of this SOFTWARE on a single computer. "You" means the company, entity or individual whose funds are used to pay the license fees. "Use" means storing, loading, installing, executing or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE programming features. This license is not transferable to any other system, or to another organization or individual.
B. Trial Edition You are granted the right to use the SOFTWARE without registration (Trial Edition of the SOFTWARE) solely for the purposes of evaluating the performance of the SOFTWARE for a period of no more than 30 days. If after that time continued use of the SOFTWARE is desired then the SOFTWARE must be registered with ProWide Labs Ltd subject to the terms as laid out in the registration information which can be found in the documentation accompanying the SOFTWARE. You are expected to use the SOFTWARE on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This "try before you buy" approach is the ultimate guarantee that the SOFTWARE will perform to your satisfaction. Support for Trial Edition is provided by email.
C. Free Edition The Free Edition of the SOFTWARE may be installed on multiple computers for private and commercial use. The SOFTWARE may be transferred to third parties (e.g. on homepages or ftp-servers) as long as the SOFTWARE remains unchanged and is offered free of charge. A chargeable transfer of the SOFTWARE (chargeable download, CD in magazines) requires previous written permission by ProWide Labs Ltd. You may, free of charge: install and use SOFTWARE, copy, store, distribute and transmit, identical copies of this SOFTWARE to others. You may not: permit others to use this SOFTWARE unless they are properly licensed by ProWide Labs Ltd; copy SOFTWARE except as described above; sell or license copies of SOFTWARE to others; remove any proprietary notices or labels on SOFTWARE. SOFTWARE contains online help files. However, hard-copy documentation, email and other support are not available under this Free Version license.
3. MAINTENANCE AND SUPPORT CONTRACT. Object of the Maintenance and Support Contract is the maintenance and support of registered copy of the SOFTWARE. The customer will receive support by email for the duration of the Maintenance and Support Contract. The customer is granted the opportunity of downloading and installing the current version of the purchased the SOFTWARE for the duration of the Maintenance and Support Contract. The Maintenance and Support Contract starts from the date of purchase of the SOFTWARE and has a duration of 12 months and may be prolonged.
3.1. TECHNICAL SUPPORT
3.1.1. Technical support is provided exclusively via email. To request technical support, end user should either
- send email message to firstname.lastname@example.org
- send support request via web form at /support.html
3.1.2. The subject matter of technical support through ProWide Labs Ltd is exclusively the IPHost Network Monitor installations that follow the setup and requirements described on IPHost Network Monitor website at /help/system-requirements-and-installation.html.
3.1.3. There is no obligation to provide technical support a) if the end user does not submit its query by using the means of communication designated by this EULA in paragraph 3.1.1, or b) if the end user does not communicate all of the information ProWide Labs Ltd requires to process the query in a reasonably processed and documented manner.
3.1.4. ProWide Labs Ltd processes technical support requests in the order received, using the below priorities (highest listed first):
- requests from commercial license owners with active Maintenance&Support subscription
- requests from commercial license owners with expired Maintenance&Support subscription
- other support requests
3.1.5. Technical support operates during 9:00-18:00 (Novosibirsk time) on business days (calendar days with the exception of Saturdays and Sundays, with the exception of statutory holidays in the Russian Federation). ProWide Labs Ltd does its best to provide first response within 2 hours during the mentioned time intervals. Subsequent responses to the same technical support incident are provided as soon as possible (that depends on the nature of technical support request being processed).
3.1.6. ProWide Labs Ltd can do custom (managed) setup and/or configuration of IPHost installation, as a paid service. Please contact us at email@example.com for this service details.
3.1.7. ProWide Labs Ltd can provide your IT personnel with IPHost product training, as a paid service. Please contact us at firstname.lastname@example.org for this service details.
220.127.116.11. Owners of Professional 1000 and/or Enterprise licenses are eligible for receiving initial (managed) setup assistance from ProWide Labs Ltd at reduced price. First 10 hours (for Professional 1000 license owners) or 15 hours (for Enterprise license owners) are provided free of charge. If you own one or more of the mentioned licenses, please contact us at email@example.com for this service details.
3.1.8. Technical support is provided in either English or Russian language (end user can choose the preferred language from this list).
3.1.9. ProWide Labs may limit total time dedicated to handling end user technical support incidents to 3 to 9 hours per week per user, depending on incidents complexity and license type(s) end user owns.
3.1.10. The provision of extended technical support services (with availability outside the above referenced hours) or service levels (e.g. reaction and issue resolution times) shall require a separate agreement of the parties.
4. OWNERSHIP. The SOFTWARE is owned and copyrighted by ProWide Labs Ltd. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.
5. COPYRIGHT. The SOFTWARE and all rights, without limitation including proprietary rights therein, are owned by ProWide Labs Ltd or its suppliers and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of ProWide Labs Ltd and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
6. REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.
7. NO OTHER WARRANTIES. THE SOFTWARE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ProWide Labs Ltd DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
8. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL ProWide Labs Ltd OR ITS SUPPLIERS BE 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 ProWide Labs Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ProWide Labs Ltd' LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
10. GENERAL PROVISION. This is the entire agreement between you and ProWide Labs Ltd, which supersedes any prior agreement or understanding, whether written, or oral, relating to the subject matter of this license. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. This agreement shall automatically terminate upon failure by you to comply with its terms. ProWide Labs Ltd, on its sole discretion, may modify this agreement in writing at any time.