MonitorWare Console 3.0

MonitorWare Console End User License Agreement This binary code license ("License") contains rights and restrictions associated with use of the accompanying software and documentation ("Software"). Read the License carefully before installing the Software. By installing the Software you agree to the terms and conditions of this License. 1. Limited License Grant. Adiscon grants you a non-exclusive License to use the software free of charge for 30 days for the purpose of evaluating whether to purchase a commercial license of MonitorWare Console. After this period, users are required to purchase proper licenses if you continue to use it. 2. Copyright The software is confidential copyrighted information of Adiscon GmbH, Germany. You shall not modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer the software. The software may not be leased, assigned, or sublicensed, in whole or in part. A separate license is required for each computer where MonitorWare Console is running. 3. Trademarks and logos MonitorWare is a trademark of Adiscon. Windows is a registered trademark of Microsoft Corporation. All other trademarks and service marks are the property of their respective owners. 4. Evaluation period The product comes with a free 30 day evaluation period. We strongly encourage all customers to evaluate the products fitness for their systems and environment during the evaluation period. Customer agrees to install the product on production systems only after it has proven to be acceptable on similar test systems. 5. Disclaimer of warranty The Software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. 6. Limitation of liability ADISCON SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE. IN NO EVENT WILL ADISCON BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF ADISCON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS THE CUSTOMERS RESPONSIBILITY, TO USE THE EVALUATION PERIOD TO MAKE SURE THE PRODUCT CAN RUN WITHOUT PROBLEMS IN CUSTOMERS ENVIRONMENT. 7. Severability The user must assume the entire risk of using the program. IN NO EVENT WILL ADISCON BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT ADISCON RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF ADISCON SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. 8. Termination The License will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software. 9. Governing law Any action related to this License will be governed by German law. No choice of law rules of any jurisdiction will apply. 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"). Adiscon specifically disclaims any express or implied warranty of fitness for High Risk Activities. 11. Salvatory Clause If any provision of this Agreement shall be held void or unenforceable or contrary to German law, it shall be severed from this Agreement and shall not affect the remaining provisions. Instead of this provision, a similar one that is acceptable by law should be used.