Monitorpack Discovery 1.3.0.0

EULA - End User License Agreement

1. General Description. 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 and/or using the Software, you agree to the terms and conditions of this License.

2. Site License. TECK SYSTEM SOFT LLC ("Licensor" or "Monitorpack") grants to you ("Licensee") a Site non-exclusive, non-assignable, non-transferable limited license to use the Software on one machine (central processing unit) at one location until the date the limited license terminates pursuant to Section 9 of this License. Licensee shall not process the work products of a development group consisting of one or more individuals other than the Licensee. Licensee shall not permit others to use the Software for debugging, testing, obfuscation, deployment, or other purposes. Licensee shall not upload or download any Software to another central processing unit, nor shall Licensee network any Software for multi-station use. "Software" shall include any upgrades, modifications and new versions of the Software furnished, rent, or sold by Licensor to Licensee. This License is for the use of the Software in object code form only. Licensee may not redistribute the Software in whole or in part, either separately or included with a product, to any person or publicly accessible machine. Licensee agrees to take all reasonable precautions to secure the Software from distribution to any third party. Licensee shall not copy or duplicate the Software (in whole or in part). Licensee shall use the software only to support its own activities and shall not use the Software for the benefit of any third parties (other than its affiliated entities). In addition, each machine, computer, or distinct virtual machine using the Software within your organization must have acquired a separate and valid license. Licensee warrants that 1) there will be only one machine, computer or distinct virtual machine of the license and that machine, computer or distinct virtual machine will be identified to Monitorpack; and 2) the target machine is used primarily by the Licensee and is not a networked build machine. Monitorpack may be contacted at support@monitorpack.com if a different type of license is desired.

3. No Modification Non-Use by Third Parties. Licensee may not modify files, executables, or otherwise. Use of this software is limited to first party applications. Licensee may not, directly or indirectly, provide as a service, use of the Software. By way of example, but not as limitations this includes providing a networked interface to the software, direct or indirect use of the Software for other persons by the Licensee, or knowingly allowing third parties to access the Software.

4. Other Restrictions. Licensee agrees that the Software is the sole and exclusive property of Monitorpack and is proprietary to TECK SYSTEM SOFT, LLC. The exclusive exploitation rights were allocated by contract on the one hand between the author/owner of the software and on the other hand with the company TECK SYSTEM SOFT LLC. Licensee shall use the Software only as expressly permitted by this License and shall keep confidential and use the Licensee's best efforts to prevent and protect the contents of the Software (or any part thereof) from unauthorized disclosure. Licensee shall not modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer Software. Software may not be leased, assigned, or sublicensed, in whole or in part. Software is not designed or intended for use in, or on applications intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in medical, biological, pharmaceutical, or other life-dependent applications; or in the design, construction, operation or maintenance of any nuclear facility. Licensee warrants that it will not use or redistribute the Software for such purposes. Licensee accepts full responsibility for use of the Software including, but not limited to, acceptance of full responsibility pursuant to third party software and licensing agreements regarding the use of the Software to modify, examine, or otherwise process such third-party software. Licensee shall have sole responsibility for the installation of the software.

5. Trademarks and Logos. This License does not authorize Licensee to use any name, trademark, or logo of Licensor. Licensee acknowledges that Licensor owns the "Monitorpack", "Discovery", " Monitorpack Guard", " Monitorpack SNMP", and " Monitorpack Asset", trademarks, logos and icons. Licensee shall neither take nor permit any action that will delete or obscure Licensor's copyright legend on any Software and any related documentation and materials.

6. Competitive Product Restriction. You may not use, distribute, or integrate the Runtime Software with any general-purpose obfuscation, optimization or size reduction product that is generally competitive with Monitorpack's product offerings; nor may you use the Software or Runtime Software to create a product that is generally competitive with Monitorpack's product offerings.

7. Disclaimer of Warranty. The Software is provided "AS IS," without any warranty or representation of any kind. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED BY TECK SYSTEM SOFT AND ITS SUPPLIERS "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. ALL CONDITIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED BY TECK SYSTEM SOFT AND ITS SUPPLIERS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED CONDITIONS AND/OR WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT OF ANY ACTUAL BREACH OF THIS LICENSE BY MONITORPACK, LICENSEE'S SOLE AND EXCLUSIVE REMEDY SHALL BE THE RECISSION OF THIS LICENSE AND RECOVER OF ANY SUMS PAID BY LICENSEE TO MONITORPACK.

8. Limitation of Liability. MONITORPACK AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, IN NO EVENT WILL MONITORPACK OR ITS LICENSORS 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 MONITORPACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Termination. The only way to terminate a Monitorpack Discovery license is to terminate its subscription through the personal web interface dedicated to this purpose at //monitorpack.info/customer-dashboard> or https://monitorpack.net/customer-dashboard. termination of the subscription will take effect on the next anniversary date of the current subscription. If the subscription corresponds to a monthly subscription the subscription will end the following month if the subscription corresponds to an annual subscription the subscription will end when the next annual subscription is renewed. In the event of a termination of the License for any reason or by any party, Licensee shall have no right to claim a refund for any sums paid by Licensee to Monitorpack. From and after the termination of the License for any reason or by any party, Licensee shall not use the Software for any purpose whatsoever and shall not disclose or use the Software (or any part thereof) in any fashion.

10. Marketing. You agree to be identified as a customer of TECK SYSTEM SOFT LLC and you agree that Monitorpack may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in Monitorpack's marketing materials and web site. You hereby grant Monitorpack a license to use your name and any of your trade names and trademarks solely in connection with the rights granted to Monitorpack pursuant to this marketing section.

11. Export Regulations. You acknowledge that this software is the intellectual property of the natural person of French nationality who submitted the program by deposit at Program protection agency the 25th July, 2003 InterDepositDigitalNumber.FR.001.300020.R.P.2003.000.10700 who accepts in these terms for remuneration to let the company Teck Systems soft LLC exploit this software. You agree to comply with all applicable international and national laws that apply to the Product, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. If it were established that if it appeared more advantageous from the software author and owner to request the handling of disputes in the face of French copyright legislation which would be more advantageous for him, you could not under any circumstances oppose this approach.

12. U.S. Government Restricted Rights. Use, duplication, or disclosure by the United States government is subject to the restrictions as set forth in the Rights in Technical Data and Computer Software Clauses in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19(c)(2) as applicable.

13. Governing Law/Jurisdiction and Venue. Any action related to this License will be governed either by the law of Delaware, controlling the American federal law or and/or simultaneously with the jurisdiction of the French courts and their respective rules of law. Jurisdictions may be simultaneously requested at the discretion of TECK SYSTEM SOFT LLC by its legal representative or by the software author and owner or his heirs as the owner of the copyright. The proper final venue for any action arising hereunder will be either solely the Delaware court or the French court as decided by the legal representatives of TECK SYSTEM SOFT LLC. The Licensee irrevocably consents and submits to the personal jurisdiction of the said Courts. The arbitration commission of the Program Protection Agency following article 6 of the APP code could also be part of the applicable jurisdiction as defender of the interests of the software author and owner, his heirs as well as those of TECK SYSTEM SOFT LLC.

14. Severability. If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived to the extent necessary for the License to be otherwise enforceable in such jurisdiction. However, if in Licensor's opinion deletion of any provisions of the License by operation of this paragraph unreasonably compromises the rights or increase the liabilities of Licensor or its licensors, Licensor reserves the right to terminate the License and refund the fee paid by Licensee, if any, and such refund shall be Licensee's sole and exclusive remedy.

15. No Waiver. No waiver by Licensor of any breach of any provision of this Agreement shall be effective unless in writing signed by Licensor. No waiver shall constitute a continuing waiver unless expressly provided in the writing signed by Licensor.

16. UCC Applicability. To the extent the provisions of this License are not inconsistent therewith, this License shall be governed by the Uniform Commercial Code as adopted in Delaware and in France.

17. Entire Agreement. This License constitutes the entire agreement between the parties respecting the subject matter hereof and thereof, and supersedes all previous proposals, negotiations, representations, warranties, commitments, writings and communications between parties. The terms of this License shall prevail notwithstanding any variance with the terms of any purchase order, or any other document submitted by Licensee. This License may be amended only through a written document signed by TECK SYSTEM SOFT