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LetzKey I/O - UPS Event Monitoring Software License Agreement
This License Agreement details the policy for license of LetzKey I/O - UPS Event Monitoring Software on the following topics:
* Freeware License
* Subscription License
BY INSTALLING OR USING THE SOFTWARE OR BY PAYING A SUBSCRIPTION FEE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND LETZKEY WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND LETZKEY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
If you do not agree to the terms of this Agreement, do not install or use the Software.
1. Freeware License
This Software can be distributed as Freeware. In this case, many features are disabled as described in the On-Line Manual. Any features for which you have not paid a subscription fee and which are consequently disabled features of the Freeware are unlicensed and you agree not to use or access such features. The Freeware License may be freely used, copied and distributed as long as it is not sold, and all original files are included, including this license. You are NOT allowed to make a charge for distributing this Freeware (either for profit or merely to recover your media and distribution costs) whether as a stand-alone product, or as part of a compilation or anthology, without explicit prior written permission. By using this Freeware, you agree to these terms and the terms of the Disclaimer below:
This Freeware License and any support from LetzKey are provided "AS IS" and without warranty, express or implied. LetzKey specifically disclaim any implied warranties of merchantability and fitness for a particular purpose. In no event will LetzKey be liable for any damages, including but not limited to any lost profits, lost savings or any incidental or consequential damages, whether resulting from impaired or lost data, software or computer failure or any other cause, or for any other claim by the user or for any third party claim. Should the program prove defective, you assume the cost of all necessary servicing, repair or correction.
LetzKey reserves the right to reclassify this Software as a non-freeware product at a later date (i.e. shareware, licensed royalty software,...). Doing so will not modify the license agreement of previously distributed executables.
2. Subscription License
Subscription License: As part of your choosing the Subscription License, LetzKey grants you a fee-bearing, non-exclusive, non-transferable license to use the Licensed Software including user documentation that you have downloaded from LetzKey’s website or received on media provided by LetzKey, including all updates, where applicable, provided that such use of the Licensed Software is in accordance with the specific Subscription you have selected (see price list).
Under the Subscription License, the Licensed Software is licensed only for the intended duration. If the Subscriber does not renew the Subscription beyond the duration, the License will automatically time-out at the end of the designated period and will turn into a Freeware license. To continue using the Licensed Software beyond the subscribed duration, you must renew your License.
As part of the Subscription License, all Updates, e-mail support for problem reporting and online access to product documentation to the Licensed Software will be provided to you at no additional cost during the intended period.
3. Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not:
(i) remove any copyright, trademark or other proprietary notices from the Licensed Software or its copies;
(ii) make any copies except for one back-up or archival copy, for temporary emergency purpose;
(iii) rent, lease, license, sublicense or distribute the Licensed Software or any portions of it on a standalone basis or as part of your application;
(iv) modify or enhance the Licensed Software;
(v) reverse engineer, decompile or disassemble the Licensed Software.
(vi) allow any third parties to access, use or support the Licensed Software.
4. Technical Support
LetzKey provides email support for problem reporting, product updates, and online access to product documentation during the Subscription duration.
5. Ownership and Intellectual Property
LetzKey owns all right, title and interest in and to the Licensed Software. LetzKey expressly reserves all rights not granted to you herein, notwithstanding the right to discontinue or not to release any Licensed Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or characteristics of the Licensed Software. The Licensed Software is only licensed and not sold to you by LetzKey.
6. Warranty Disclaimer
LetzKey does not warrant that the functions contained in the software will meet your requirements, or that the operation of the software will be uninterrupted or error-free. Except as provided herein, the Licensed Software is furnished "as is" without warranty of any kind, including the warranties of merchantability and fitness for a particular purpose and without warranty as to the performance or results you may obtain by using the Licensed Software. You are solely responsible for determining the appropriateness of using the Licensed Software and assume all risks associated with the use of it, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations. Should the program prove defective, you assume the cost of all necessary servicing, repair or correction.
7. Limitation of Liability
In no event will LetzKey be liable to you or any third party for any special, incidental, indirect, punitive or exemplary or consequential damages, or damages for loss of business, loss of profits, business interruption, or loss of business information arising out of the use or inability to use the program, software or computer failure or any other cause for any claim by any other party even if LetzKey has been advised of the possibility of such damages. LetzKey’s entire liability to any party with respect to its obligations under this agreement or otherwise with respect to the Licensed Software shall not exceed the amount of the Subscription License fee paid by you or your employer for the Licensed Software covered by this Agreement.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all copies of the Licensed Software in your possession. LetzKey may terminate this Agreement for any reason, including but not limited to your breach of any of the terms of this Agreement. Upon termination, you shall destroy all copies of the Licensed Software and certify in writing that all known copies have been destroyed. All provisions relating to confidentiality, proprietary rights, non-disclosure, and limitation of liability shall survive the termination of this Agreement.
You may not sublicense, assign, or transfer the license, the Software, or disclose any trade secrets embodied in the Software, except as expressly provided in this Agreement. Any attempt otherwise to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void and shall automatically terminate this license.
This Agreement shall be construed, interpreted and governed by the laws of the Grand Duchy of Luxembourg. This Agreement constitutes the entire agreement between the parties, and supersedes all prior communications, understandings or agreements between the parties. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this Agreement is found invalid or unenforceable, the remainder shall be interpreted to apply to the maximum extent permissible under applicable law. You shall not export the Licensed Software or your application containing the Licensed Software except in compliance with applicable laws and regulations.
LetzKey UPS Event Monitoring Software - Subscription License Agreement © 2007 - 2014