VShell® License Agreement
End-User License Agreement for VShell Server 4.4 ("Software")
AGREEMENT. After reading this agreement carefully, if you ("Customer") do not agree to all of the terms of this agreement, you may not use this Software. Unless you have a different license agreement signed by VanDyke Software, Inc. that covers this copy of the Software, your use of this Software indicates your acceptance of this license agreement and warranty. All updates to the Software shall be considered part of the Software and subject to the terms of this Agreement. Changes to this Agreement may accompany updates to the Software, in which case by installing such update Customer accepts the terms of the Agreement as changed. The Agreement is not otherwise subject to addition, amendment, modification, or exception unless in writing signed by an officer of both Customer and VanDyke Software, Inc.
This Software is owned by VanDyke Software, Inc. and is protected by national copyright laws and international copyright treaties.
1. EXPORT LAW. This Software is subject to export control. The Software may be transmitted, exported, or re-exported only under applicable export laws and restrictions and regulations of the United States Bureau of Industry and Security or foreign agencies or authorities. By downloading or using the Software, you are agreeing to comply with export controls. The Software may not be downloaded or otherwise exported or re-exported to any country subject to U.S. trade sanctions governing the Software, sanctioned countries including Cuba, Iran, North Korea, Sudan and Syria, or by citizens or residents of such countries except citizens who are lawful permanent residents of countries not subject to such sanctions, or by anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders.
2. GRANT OF LICENSE AND PROHIBITIONS. This Software is licensed to you. You are not obtaining title to the Software or any copyrights. You may not sublicense, rent, lease, convey, modify, translate, convert to another programming language, decompile, or disassemble the Software for any purpose. The license may be transferred to another individual (not resold) if you keep no copies of the Software. Permission must be obtained before mirroring or redistributing the evaluation copies of the Software.
3. USE AND EVALUATION PERIOD. You may use copies of this Software (one copy being the server application, the client application, or both) on the number of computers authorized in your registration documentation. A copy of this Software is considered in use when loaded into temporary memory (i.e., RAM) and/or installed on a permanent storage device (i.e., hard disk, CD-ROM, etc.). You may use an evaluation copy of the Software for only thirty (30) days in order to determine whether to purchase the Software.
4. MULTI-SERVER LICENSES. If this is a multi-server or network license, you may make, install, and use additional copies of this Software up to the number of copies authorized in your registration documentation. If this is an educational license, use is restricted to non-commercial use by students, faculty and staff using campus facilities and to off-campus non-commercial use by students, faculty and staff primarily for school business.
In the event that a failover, disaster recovery or other secondary server is maintained offline ("Failover Server") and such Failover Server is solely used when the primary server is not functioning, then, for each license for the primary server, one backup copy of the Software may be installed on the Failover Server corresponding to the primary server at no additional charge.
In the event that there are multiple servers and a primary server whereby there is clustering for load balancing, performance improvement or other operational performance improvements (the additional servers other than the primary server being referred to as the "Load Balancing Servers"), and connections may be made to a Load Balancing Server at the same time the primary server is functional, then additional licenses of the Software are required for each Load Balancing Server, as well as for the primary server.
5. LIMITED WARRANTY. THE SOFTWARE IS PROVIDED AS IS AND VANDYKE SOFTWARE DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6. LIMITATION ON DAMAGES. NEITHER VANDYKE SOFTWARE NOR ANYONE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE EVEN IF VANDYKE SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL VANDYKE SOFTWARE'S LIABILITY FOR ANY DAMAGES EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
7. TERMINATION. This Agreement terminates on the date of the first occurrence of either of the following events: (1) The expiration of one (1) month from written notice of termination from Customer to VanDyke Software, Inc.; or (2) One party materially breaches any terms of this Agreement or any terms of any other agreement between Customer and VanDyke Software, Inc., that are either uncorrectable or that the breaching party fails to correct within one (1) month after written notification by the other party.
8. GOVERNING LAW. The agreement shall be governed by the laws of the State of New Mexico. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a state or federal court of competent jurisdiction located in Bernalillo County, New Mexico. The parties hereby consent to the personal jurisdiction of such courts.
9. U.S. GOVERNMENT RESTRICTED RIGHTS. This Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (a) of the Rights in Commercial Computer Software clause at DFARS 227.7202-3 or subparagraphs (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights clause at 48 CFR 52.227-19, as applicable. Manufacturer is:
VanDyke Software, Inc.