Copyright 2002 - 2006 by EventGnosis, Inc. All rights reserved. EventGnosis is a trademark of EventGnosis, Inc.
This EventGnosis Event Correlation Server End-User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity known as "Customer") and EventGnosis, Inc. ("EventGnosis"), which owns a proprietary computer software system which includes computer software and "on-line" or electronic documentation and associated media and printed materials (collectively known as "Event Correlation Server" or "Software"). By installing, copying, or otherwise using the Software or any Software Updates, Customer agrees to be bound by the terms of this Agreement. If Customer does not agree to the terms of this Agreement, do not install, copy, or use the Software, including all Software Updates that Customer received as part of the Software (each, an "Update"). By installing, copying, or otherwise using an Update, Customer agrees to be bound by the additional license terms that accompany such Update. If Customer does not agree to the terms of the additional license terms that accompany the Update, disregard the Update and the additional license terms that accompany the Update. In this event, Customer's rights to use the Software shall continue to be governed by the then-existing Agreement.
All title and copyrights in and to the Software (including but not limited to any software components, product documentation and associated media, sample files, extension files, tools and utilities, miscellaneous technical information, collectively referred to herein as the "Software"), and any copies of the Software, are owned by EventGnosis. The Software is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material, except that Customer may either (i) make one copy of the Software solely for backup or archival purposes, provided Customer reproduces and includes EventGnosis copyright and trademark notices contained on the original disk labels on such backup copy, or (ii) transfer the Software to a hard disk, provided Customer keeps the original solely for backup and archival purposes. Customer may not copy the printed materials accompanying the Software. The Software is licensed, not sold.
a. EventGnosis grants Customer a non-exclusive, non-transferable, license to use the Software for internal purposes for the period of time and on those specific CPUs for which Customer has fully paid the applicable license fees to EventGnosis or to an EventGnosis authorized distributor.
a. The Software is the sole and exclusive property of EventGnosis, including all applicable rights to patents, copyrights, trademarks and trade secrets and is provided for Customer's sole use for the purposes of this Agreement and will be held in confidence by Customer.
b. Customer will not remove any designation mark from any supplied material that identifies such material as belonging to or developed by EventGnosis. Customer agrees not to disassemble, decompile, reverse engineer or otherwise reduce the Software to perceptible form.
c. Customer may not rent, lease, or sublicense the Software.
d. Customer may use or transfer the Updates to the Software only in conjunction with Customer's then-existing Software. The Software and all Updates are licensed as a single product and the Updates may not be separated from the Software for use at any time.
e. Customer will not publish reviews or performance benchmarks about Software, without prior written authorization by EventGnosis.
f. Customer will not publish, sell, or distribute Event Correlation Applications (“ECA”) to third-parties in neither source nor compiled form, unless Customer has signed and is bound by the terms and conditions of the EventGnosis Developers Program License Agreement. An ECA is a collection of configurations and associations of one or more sources, filters, and destinations, as defined inside the Software, plus any run-time linkable modules that implement the functionality of sources, filters, and destinations, if any.
a. Without prejudice to any other rights, EventGnosis may terminate this Agreement if Customer fails to comply with the terms and conditions of this Agreement. In such event, Customer must destroy all copies of the Software in any form and all of its component parts.
b. Upon expiration of the paid-up license period, Customer must discontinue use of Software and destroy all copies in any form and all of its component parts, unless such license period is extended by Customer's payment of applicable license fees to EventGnosis, or an EventGnosis authorized distributor.
a. NO WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVENTGNOSIS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SOFTWARE.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
YOU MAY HAVE OTHERS, WHICH VARY FROM STATE / JURISDICTION TO STATE / JURISDICTION, in such case, if EventGnosis fails to remedy material defects in the Software, Customer's exclusive remedy shall be, at EventGnosis option, either (a) to receive a refund not to exceed the license fee paid hereunder for the current term of the agreement, or (b) shall be to correct the Software at EventGnosis sole expense.
b. NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVENTGNOSIS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF EVENTGNOSIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES / JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. In any case, Customer specifically agrees that EventGnosis liability for damages will not exceed the license fee paid by Customer hereunder for the current term of the agreement.
c. EventGnosis shall be relieved of any and all obligations with respect to this section for any portions of the Software that are revised, changed, modified, or maintained by anyone other than EventGnosis.
7. Governing Law: This Agreement shall be construed and the legal relation between the parties determined in accordance with laws of the state of California , excluding its conflict of law provisions.
CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. CUSTOMER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN CUSTOMER AND EVENTGNOSIS WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN CUSTOMER AND EVENTGNOSIS RELATING TO THE SOFTWARE.