The AdRem NetCrunch program, together with this license agreement (hereinafter called the Software), consists of NetCrunch Server and NetCrunch Console. It is owned by AdRem Software or the authorized licensor and is protected by copyright law.
The AdRem Software grants you the right to use the Software only upon the condition that you accept all the terms of this Agreement.
This License Agreement for the use of the Software includes the following items purchased by the user: a Program license and a Remote Access license.
The license User must be the owner of the computer network which is monitored by the Software. The license does not authorize the use the Software in order to provide services to another entity. The license User may outsource the administration/monitoring of the network using the Software to an external entity, with the written consent of AdRem Software. Above-mentioned consent to use Software by an external entity does neither transfer the license to this entity, nor authorizes it to use the license in any other case.
If the Software is provided to you under "NFR" (Not For Resale) license, it shall only be used for demonstration and testing. Software under NFR license is exempt from update, upgrade or crossgrade offers, and cannot be purchased with or exchanged for vouchers or coupons.
If the Software is provided to you as a "Trial Version", it shall only be used for demonstration, testing and evaluation purposes. Trial Versions must not be used for commercial purposes, and must not be resold or transferred.
Unless the annex to the License Agreement provides otherwise, the rights and obligations arising from this Agreement for the user of the software are as follows:
(i) install and use NetCrunch Server on a on a single monitoring station. If you have Corporate license, you can use _NetCrunch Server_on the number of monitoring stations not larger than specified in the Corporate license purchased by the user,
(ii) install NetCrunch Console on any number of computers,
(iii) use NetCrunch Console concurrently on the number of computers not larger than specified in the Remote Access license purchased by the user,
(iv) transfer the entire Software on a permanent basis to another person or entity, provided that s/he does not retain any copies of this Software and that s/he presents to AdRem Software a written consent to accept the terms of this Agreement expressed by the person acquiring the license.
(i) transfer, lend or lease any element of the Software,
(ii) decompile, disassemble, reverse engineer, attempt to find out the source code of, or create a derivative product of the Software,
(iii) use the previous version of the Software after upgrading to a newer version. The exception from this rule is the transfer of the previous version of the software for which the user received an update in the form of a donation for a charity organization selected by the user. However, in order for the aforementioned donation to be acknowledged, the user must deliver to AdRem Software a written representation from the beneficiary that it is the end user of the transferred Software. Otherwise, the previous version of the Software should be removed.
The technical support is provided to users having the valid Software with the Maintenance Agreement. The technical support provides:
(i) support of the current version of the Software,
(ii) support via telephone or e-mail during the validity period of the Maintenance Agreement,
(iii) current updates, released by AdRem Software during the validity period of the Maintenance Agreement.
AdRem Software shall try to respond to your requests for technical support related to the Software. However, AdRem Software reserves the right to perform this service to the extent of resources and possibilities available to it. In particular, AdRem Software does not guarantee that each problem reported within the scope of technical support services shall be solved.
AdRem Software supports the Software only when it is used in accordance with the terms or under the control of operating systems for which this Software had been developed.
AdRem Software does not guarantee that the Software shall fulfill the user’s requirements, that it shall function uninterruptedly or that it shall be free of errors. In no event is AdRem Software responsible for any damages, including occurring losses and lost benefits or any other accidental or consequential damages arising from the use of, or the impossibility to use the Software, even when AdRem Software or its authorized representative was informed about the possibility of occurrence of such damages.
In countries, where legislation does not foresee any exclusion or limitation of liability within agreed extent, liability of AdRem shall be limited or excluded at the maximum extent approved by law of particular country.
THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE OR HEALTH SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
The above terms do not restrict or exclude any other rights that may be granted to the User by AdRem Software. This Agreement may be modified only through an annex to the license or a document confirmed by AdRem Software and the User. If any term of this Agreement is illegal, invalid or unenforceable, then such term shall be deemed excluded from this Agreement and shall not affect the validity and performance of any of the remaining terms.
If you have any questions concerning this Agreement, please contact us by e-mail: firstname.lastname@example.org