End User License Agreement (EULA) for SoftActivity™ TS Monitor
IMPORTANT – READ CAREFULLY BEFORE INSTALLING THE SOFTWARE
SoftActivity™ project by Deep Software Inc.
Electronic End User License Agreement for SoftActivity TS Monitor (the “Agreement”)
NOTICE TO USER:
BY INSTALLING, COPYING OR OTHERWISE USING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This end user license agreement accompanies the SoftActivity TS Monitor product and user related documentation (the “Software”). The term “Software” shall also include any upgrades, modified versions or updates of the Software licensed to you by Deep Software Inc.
Please read this Agreement carefully. You must be of legal age and capacity to enter into this Agreement. If you are not or do not wish to accept the Agreement, you will not be able to use the Software.
Upon your acceptance of this Agreement, Deep Software Inc. grants to you a non-exclusive license to use the Software, provided that you agree to the following:
- Copyright. The Software is licensed to you, not sold. The Software is owned by Deep Software Inc. and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
- Grant of License. The Software is “in use” when it is loaded in temporary or permanent memory of a computer.
- a. FULL VERSION. Upon purchase of the license, you are licensed to copy the Software only into the memory of the number of computers/servers for which licenses are purchased. Each computer/server where you install the Software requires license. On this server you are licensed to monitor activity of the number of concurrently logged-on users equal to the purchased license size. The licenses is not assigned for named users, but allows you to record any user names up to the set number of concurrently (simultaneously) logged on users on a terminal server.
- b. EVALUATION/TRIAL VERSION.
- i. Use. If you have acquired the Evaluation version of the Software, you may install and use the Software solely for evaluation and test purposes for the duration as set out in the Software. You may record as many concurrently logged on users as the limit set in the Software. You may not attempt to increase the functionality of the Software in any manner outside the parameters set out by the Software. You may not attempt to increase the time limiters of the Evaluation version.
- ii. Distribution Rights. Deep Software grants you a royalty-free license to copy and distribute the Evaluation version of the Software in its unmodified form electronically or on physical media means, provided that you comply with all other relevant provisions in this Agreement. No fee, compensation or consideration may be charged for such distribution, and a verbatim copy of this Agreement must be provided therewith. You may not grant license rights to the Software that are broader than this Agreement.
- Limits on Use. You may not alter, modify, adapt, translate, reverse engineer, decompile, disassemble, create derivative works based on the Software or otherwise attempt to discover the source code of the Software. You may not sell, lease, rent or sublicense the Software or any portion of it. You must also abide by all limits and restrictions set forth in Deep Software’s Acceptable Use Policy.
- Legal Compliance. The use of computer monitoring software to record an individual’s activity without their knowledge may be considered illegal in certain provinces, states, countries, or jurisdictions. The Software installation is permitted solely to the computer owners and to system administrators, security managers and IT personnel authorized by the computer owner. Deep Software assumes no liability and is not responsible for any misuse of the software. It is Your sole responsibility to comply with all applicable local, provincial, state, federal, and international laws and regulations, including, but not limited to, employment and privacy-related laws, computer and user monitoring-related laws, collectively referred to as “Laws”. The use of Software in a way that violates Laws is strictly prohibited.
- No Other Warranties. The Software is provided to you “AS IS” and any express or implied warranties, including, but nor limited to, the implied warranties of noninfringment of third party rights, satisfactory quality, lack of viruses, merchantability and fitness for a particular purpose are hereby disclaimed. Deep Software Inc. does not and cannot warrant the performance or results you may obtain by using the Software or documentation.. In no event shall Deep Software Inc., its affiliates, officers, directors, employees, contributors or assigns be liable to you for any direct, indirect, exemplary, consequential, incidental or special damages, including, but not limited to, procurement of substitute goods or services, any lost use, data or profits or lost savings, howsoever caused, and on any theory of liability, whether in contract, strict liability or tort (including negligence or otherwise), arising in any manner from the use of the Software, even if a Deep Software Inc. representative has been advised of the possibility of such damages, or for any claim by any third party. Deep Software Inc.’s liability to you or any third party is limited to no more than what you paid for the Software.
- Indemnity. You hereby agree, at your expense, to indemnify, defend and hold Deep Software Inc. harmless from and against any and all loss, cost, damages, liability or expense arising out of or relating to:
- a. Any third-party claim, action or allegation or infringement based on information, data, files or other content obtained by you;
- b. Any third-party claim, action or allegation or infringement resulting from your actions or failure to act in accordance with this Agreement or applicable law; or
- c. Any fraud or manipulation by you.
- Maintenance and Updates. You understand that Deep Software Inc. may update the Software at any time, but is under no obligation to inform you or to furnish you any updates.
- Check for Updates. The Software is, by default, set to check for updates periodically. During check for updates the Software transfers only this information to Deep Software’s servers: the registration key for the Software issued to you by Deep Software, version of the Software currently installed on your computer, user interface language set in the Software. No personal information is being transmitted to Deep Software nor does Deep Software have any access to information stored in the Software.
- Jurisdiction. This Agreement shall be governed by, and construed under, the laws of the Province of British Columbia, Canada regardless of conflicts of law provisions. You waive all defenses of lack of personal jurisdiction and forum nonconveniens.
- If any provision in this Agreement is held to be invalid or unenforceable, such provision shall be adjusted rather than voided to achieve the intent of the parties. In the event any such provision cannot be so adjusted, such provision shall be struck and the remaining provisions shall be deemed valid and enforced to the extent possible. Deep Software Inc.’s failure to act with respect to a breach by you or any other party does not waive Deep Software Inc.’s right to act with respect to any subsequent or similar breaches.
- You may not assign or transfer this Agreement or any rights hereunder unless in accordance with provisions as set out herein. This Agreement shall inure to the benefit of and be binding upon each party’s successors.
- This Agreement shall automatically terminate upon failure by you to comply with its terms, without prejudice to any other rights Deep Software Inc. may have.
- Deep Software Inc. reserves all rights not expressly granted to you under this Agreement.
- Terms and conditions of this Agreement may not be modified, amended, canceled or in any way altered, nor may they be modified by custom and usage of trade or course of dealing, except by an instrument in writing and signed by a duly authorized officer of Deep Software Inc.
- If you do not agree with the terms of this Agreement you must remove and uninstall all Software and files relating to the Software from all storage devices and cease to use the Software.