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Aanval End-User License Agreement (EULA)
REMOTE ASSESSMENT COMMERCIAL USE LICENSE (C1-RA1008)
Version 5, December 2005
Copyright (C) 2005 Remote Assessment
TERMS AND CONDITIONS
END USER LICENSE AGREEMENT (EULA)
1. GRANT OF LICENSE. Remote Assessment grants the user the following rights provided the user complies with all terms and conditions of this EULA:
. Installation and use. The user may install, use, access, display and run one copy of the product on a single computer such as a workstation or server.
. Storage / Backup. The user may store a functioning copy of the product on a dedicated computer or device for the purpose of backup recovery and / or disaster recovery. Licenses for the Product may not be shared or used concurrently on different computers.
. Reservation of Rights. Remote Assessment reserves all rights not expressly granted to the user in this EULA.
2. UPGRADES. To use a Product identified as an upgrade, you must first be licensed for the product identified by Remote Assessment as eligible for the upgrade.
3. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.
4. MODIFICATION / INTEGRATION. Modification and / or integration of the product for commercial purposes without proper authorization from Remote Assessment is prohibited. Product modifications affecting directly or indirectly product features, functionality, licenses or product license mechanisms is prohibited. This product may not be integrated or combined with any other product for commercial purposes without express written authorization from Remote Assessment.
5. TERMINATION. Without prejudice to any other rights, Remote Assessment may cancel this EULA if the user does not abide by the terms and conditions of this EULA, in which case the user must destroy all copies of the Product.
6. COPYING / DISTRIBUTION. Copying and / or distributing licensed or unlicensed copies of this product or this products components is prohibited. Only authorized Remote Assessment agents and authorized Remote Assessment Reseller Member agents may distribute copies of this product in its original state and configuration as officially released and observed by Remote Assessment.
7. LIMITED WARRANTY FOR PRODUCT. Remote Assessment warrants that this Product (in conjunction with commercially purchased licenses) will perform substantially in accordance with the accompanying materials for a period of ninety days from the date of receipt. Any supplements or updates to this Product, including without limitation, any (if any) upgrades or patches provided to the user after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory. Remote Assessment has the right to grant usage and does not infringe intellectual property rights of any third party.
8. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. The users exclusive remedy for any breach of this Limited Warranty. Except for any refund elected by Remote Assessment, THE USER IS NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Product does not meet Remote Assessment's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. Remote Assessment cannot be held liable for damages caused by improper use of or negligence of or on the part of the user. Remote Assessment cannot be held liable for damages resulting from the use of this program or conclusions drawn from the use of this program either by the user or Remote Assessment.
9. ADDITIONAL SUPPORT SERVICES. Remote Assessment and its suppliers provide additional levels of product support which do not alter or modify the terms and conditions of this EULA. Warranties, support or remedies purchased in addition to this product are provided as independant products and services.
10. LICENSE OWNERSHIP. All licenses issued by Remote Assessment remain the property of Remote Assessment and are issued on a lease basis. License lease periods may vary and may or may not be subject to renewal. Direct or indirect trading, selling or auctioning of licenses is prohibited and will result in immediate license revocation. Remote Assessment reserves the right and permission to revoke licenses at any time. Revoked licenses become immediately invalid. The use of revoked or invalid licenses is prohibited and constitutes a direct violation of this agreement. Retaining ownership of valid and invalid licenses, Remote Assessment reserves the right to publish and print publicly available customer information for marketing and sales purposes. Customers are provided the right to deny inclusion of company customer information through written communication expressing intent to Remote Assessment.
11. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with this Product) are the entire agreement between the user and Remote Assessment relating to this Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to this Product or any other subject matter covered by this EULA. To the extent the terms of any Remote Assessment policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
12. This Product is protected by copyright and other intellectual property laws and treaties. Remote Assessment or its suppliers own the title, copyright, and other intellectual property rights in this Product. This Product is licensed, not sold.
END OF TERMS AND CONDITIONS.
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