ServersCheck Monitoring Software 14.1

EULA - End User License Agreement

This document is a legal agreement between you (either an individual or a single entity), the "END USER," and ServersCheck BVBA, the "AUTHOR". By installing, copying or otherwise using the enclosed SOFTWARE you agree to be bound by the terms of this license agreement. As used in this License agreement, the term "SOFTWARE" means the SOFTWARE included on the CD, disk media, or otherwise electronically supplied SOFTWARE provided with this License Agreement. The term "SOFTWARE" does not include any SOFTWARE that is covered by a separate license offered or granted by a person other than the AUTHOR. This SOFTWARE product is licensed not sold.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, BEFORE INSTALLING OR EXECUTING, COPYING, OR OTHERWISE USING THE SOFTWARE, EITHER DESTROY OR RETURN, INTACT, THE SOFTWARE, CONTAINING THE CD OR DISK MEDIA, TOGETHER WITH THE OTHER COMPONENTS OF THE PRODUCT TO THE PLACE OF PURCHASE.

1. PROPRIETARY RIGHTS. The SOFTWARE and any accompanying documentation are proprietary products of ServersCheck BVBA and are protected under European and U.S. copyright laws and international treaty provisions. You obtain no rights, title or other interests in or to the enclosed SOFTWARE or related documentation, including any copyright, patent, trade secret, trademark or other proprietary rights therein. Ownership of the SOFTWARE and all copies, modifications, and merged portions thereof shall at all times remain with ServersCheck BVBA. All copies of the enclosed SOFTWARE, in whole, or in part remain the intellectual property of SeversCheck unless otherwise specified.

2. GRANT OF LICENSE FOR SERVERSCHECK PROFESSIONAL VERSION. The SOFTWARE and accompanying documentation are being licensed to you, which means you have the right to use the SOFTWARE only in accordance with this License Agreement. The SOFTWARE is considered in use on a computer when it is loaded into temporary memory, or installed into permanent memory.

2b. GRANT OF LICENSE FOR SERVERSCHECK STANDARD VERSION. Subject to the terms below, you are hereby licensed to use this free version of the SOFTWARE for an unlimited period only if you are using it for non-commercial purposes and that it is not installed with a commercial organization's network. If you want use the SOFTWARE for more than 5 checks or within a commercial organization then a registered copy of the SOFTWARE must be purchased. When full payment is received you will be sent a license file for the latest version of the licensed program. This SOFTWARE is distributed on an "AS IS" basis without warranties of any kind, whether expressed or implied, including without limitation any implied warranties of merchantability or fitness for any particular purpose. It should be used for evaluation purposes only. The AUTHOR or his suppliers assumes no liability for any damages, including but not limited to, special, incidental, consequential, indirect, loss of data, loss of profit, use of SOFTWARE or similar claims, or for any other reason. Even if the AUTHOR has specifically advised you of the possibility of such damage regardless of the form of the claim. The END USER bears all risk as to the quality and performance of the SOFTWARE.

3. USER SPECIFIC LICENSE. One licensed copy of the SOFTWARE may either be used by a single person who uses the SOFTWARE personally on one or more computers, or installed on a single workstation used non simultaneously by multiple people, but not both. You may access the licensed SOFTWARE through a network, provided that you have obtained individual licenses for the SOFTWARE covering all workstations that will access the SOFTWARE through the network. For example, if 10 different workstations will access the SOFTWARE on the network, each workstation must have its own SOFTWARE license, regardless of whether they use the SOFTWARE at different times or concurrently. All linked or possible multiple use instances are subject to the above usage.

4. NUMBER OF COPIES LICENSED. In addition to any copies AUTHORised for use under this License, END USER may make copies of the SOFTWARE solely for backup purposes. All copies of the SOFTWARE must include the AUTHOR's copyright notice.

5. PERSONAL LICENSE. This license is personal to END USER. END USER may not sublicense, lease, sell, or otherwise transfer the SOFTWARE or any of the accompanying documentation to any other person. END USER may use the SOFTWARE only for their own personal use if END USER is an individual, or for their own internal business purposes if END USER is a business.

6. NON PERMITTED USES. Without the express permission of the AUTHOR, END USER may not (a) use, copy, modify, alter, or transfer, electronically or otherwise, the SOFTWARE or documentation except as expressly permitted in this License Agreement, or (b) translate, reverse program, disassemble, decompile, or otherwise reverse engineer the SOFTWARE.

7. TERM. This license is effective from your date of purchase and shall remain in force until terminated. You may terminate the license and this License Agreement at any time by destroying the SOFTWARE and the accompanying documentation, together with all copies in any form. You agree to cease any and all further use of the SOFTWARE. This Agreement will terminate automatically if you breach any provision of this license agreement. Termination will have no effect on your obligation to safeguard proprietary rights of the AUTHOR under Section 1, or disclaimers under Section 8.

8. WARRANTIES AND LIABILITY. The AUTHOR disclaims all warranties relating to this SOFTWARE. This SOFTWARE is distributed on an "AS IS" basis without warranties of any kind, whether expressed or implied, including without limitation any implied warranties of merchantability or fitness for any particular purpose. The AUTHOR or his suppliers assumes no liability for any damages, including but not limited to, special, incidental, consequential, indirect, loss of data, loss of profit, use of SOFTWARE or similar claims, or for any other reason. Even if the AUTHOR has specifically advised you of the possibility of such damage regardless of the form of the claim. The END USER bears all risk as to the quality and performance of the SOFTWARE. Should any other warranties be found to exist, such warranties shall be limited in duration to (90) days following the date of delivery to you. In no event will the AUTHOR or his suppliers liability for any damages to you or any other person exceed the amount paid for the license to use the SOFTWARE.

9. This License Agreement constitutes the entire agreement between you and the AUTHOR pertaining to its subject matter. This License Agreement is governed by the laws of Belgium, and shall benefit the AUTHOR, his Successors and assigns. Any litigation arising from this license will be pursued only in the courts located in Belgium.

10. HIGH RISK ACTIVITIES: The SOFTWARE is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). ServersCheck BVBA and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

11. DISTRIBUTION. END USER is prohibited to distribute the SOFTWARE electronically or otherwise to anyone without prior written permission.

12. MARKETING. Unless END USER submits to the AUTHOR a written request that END USER's company and/or END USER's Web site can not be used for marketing purposes, END USER hereby grants to AUTHOR the right to mention END USER's company and/or END USER's Web site as a customer site in its marketing materials, such as on AUTHOR's Web sites, in product brochures, or in other media. Such usage may include listing END USER's Web site, linking to END USER's Web site, and/or displaying END USER's company's logo as part of such listings or links.

13. RRDTOOL. ServersCheck comes along with a copy of the RRDTOOL.exe written by Tobias Oetiker and published under the GNU GPL license. More information on RRDTOOL.exe can be found at following url: http://people.ee.ethz.ch/~oetiker/webtools/rrdtool/

No responsibility is assumed by ServersCheck BVBA for the use or reliability of software. THE USER OF THE SOFTWARE IS EXPECTED TO MAKE THE FINAL EVALUATION AS TO THE USEFULNESS OF THE SOFTWARE IN HIS OWN ENVIRONMENT.

For further information: Should you have any questions concerning this Agreement, or if you desire to contact the AUTHOR for any reason, please e-mail: info@serverscheck.com

Copyright 2003-2005 ServersCheck BVBA
All rights reserved.