END-USER LICENSE AGREEMENT FOR MUONICS SOFTWARE
MUONICS MIB VIEWS VERSION 2.0
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA"), effective as of the date of installation, is a legal agreement between you (either an individual or a single entity) and Muonics, Inc. ("Muonics"), a California Corporation, for the Muonics software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT").
By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install or use the SOFTWARE PRODUCT; you may, however, return it to your place of purchase for a full refund within thirty (30) days of the time of purchase.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
This EULA grants you the following rights:
a. Software Product. Muonics grants to you as an individual, a personal, nonexclusive license to make and use copies of the SOFTWARE for the sole purposes of network device management. Except as provided elsewhere in this agreement, you may install copies of the SOFTWARE PRODUCT on a single designated computer provided that either (i) you are the only individual using the SOFTWARE PRODUCT; or (ii) the SOFTWARE PRODUCT is used by only one individual per licensed copy. If you are an entity, Muonics grants you the right to designate one or more individuals within your organization to have the right to use the SOFTWARE PRODUCT in the manner provided above.
b. Electronic Documents. Solely with respect to electronic documents included with the SOFTWARE PRODUCT, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed to any third party.
c. Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the SOFTWARE PRODUCT is installed or run from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers. For purposes of this agreement, installations on multi-user operating systems where the Graphical User Interface ("GUI") of the SOFTWAR PRODUCT may be displayed on a computer other than the computer on which the SOFTWARE PRODUCT is physically installed and runs, such as Unix and other X/Windows based environments, each unique computer on which the GUI is concurrently displayed shall be considered a single computer for which an individual license is required. Muonics may, at its sole discretion, use or require the use of hardware and/or software means to limit the number of concurrent users of the SOFTWARE PRODUCT to the number of licenses granted to the Licensee.
d. Sample Code and MIBs. In addition to the rights granted in Section 1(a), Muonics grants you the right to use, modify and distribute the source or binary code version of those portions of the SOFTWARE PRODUCT that are identified: (i) as sample code in the documentation and/or distributed to the Licensee via the subdirectory "samples" located in the SOFTWARE PRODUCT (collectively, "SAMPLE CODE"); (ii) as sample MIBs in the documentation and/or distributed to the Licensee via the subdirectory "samples" located in the SOFTWARE PRODUCT (collectively, "SAMPLE MIBS"), for the sole purposes of designing, developing, and testing SNMP MIBs, provided that you comply with Section 1(f), below.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a. Academic Edition Software. If the SOFTWARE PRODUCT is identified as "Academic Edition" or "AE," you must be a "Qualified Academic User" to use the SOFTWARE PRODUCT. To determine whether you are a Qualified Academic User, please contact the Muonics Sales & Information Department.
If you are a Qualified Academic User, you may either (i) exercise the rights granted in Section 1(a)(i), OR 1(a)(ii) if you intend to use the SOFTWARE PRODUCT solely for instructional purposes in connection with a class or other educational program, you may install a single copy of the SOFTWARE PRODUCT on a single computer for access and use by an unlimited number of student end users at your educational institution, provided that all such end users comply with all other terms of this EULA.
b. Evaluation Software. If the SOFTWARE PRODUCT is identified as an "Evaluation" or "Demonstration" version, you may use the SOFTWARE PRODUCT for a period of fifteen (15) days for the sole purpose of evaluating the software for potential future use as a fully licensed user. At the sole discretion of Muonics, the functional capabilities of the SOFTWARE PRODUCT may be limited to only that which Muonics deems necessary for such evaluation. Muonics may, but is not required to, permit a longer or shorter evaluation period, or decide which functional capabilities are made available on a case by case basis.
c. Floating Licenses. If the SOFTWARE PRODUCT is licensed under the terms of a Floating License, the software product may be installed on any number of computers provided the number of concurrent users, as determined by section 1(c), is limited to the number of users for which the Licensee has been granted license. Muonics may, at its sole discretion, use or require the use of hardware and/or software means to limit the number of concurrent users of the SOFTWARE PRODUCT to the number of licenses granted to the Licensee.
d. Not for Resale Software. If the SOFTWARE PRODUCT is labeled "Not for Resale" or "NFR," then, notwithstanding other sections of this EULA, you may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.
e. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
f. Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
g. Rental and Works for Hire. You may not rent, lease, or lend the SOFTWARE PRODUCT. You may, however, use the SOFTWARE PRODUCT in your capacity as a consultant or contractor on behalf of a third party, provided the license is not for an Evaluation or Acedemic Edition, and you adhere to all other terms of this EULA.
h. Support Services. Muonics may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Muonics policies and programs described in the user manual, in "online" documentation, and/or in other Muonics-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Muonics as part of the Support Services, Muonics may use such information for its business purposes, including for product support and development. Muonics will not utilize such technical information in a form that personally identifies you.
i. Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, and this EULA), the recipient agrees to the terms of this EULA, Muonics is notified within thirty (30) days of the transfer, and the license is transferred no more than once per twelve (12) month period. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
k. Reservation. Muonics and its suppliers reserve all rights and licenses to the SOFTWARE PRODUCT not expressly granted to the Licensee under this EULA.
3. TERM AND TERMINATION
i. Term. The term of this EULA shall be for an initial period of two (2) years from its Effective Date of the Agreement, unless earlier terminated or cancelled in accordance with the provisions of this EULA. Thereafter, this EULA shall automatically renew for consecutive one (1) year periods on the anniversary of the Effective Date unless either party shall have given the other no less than ninety (90) days written notice of termination.
j. Termination. Either party may terminate this Agreement if the other party breaches any material term or condition of this agreement and fails to remedy such breach within thirty (30) days of receiving written notice of breach and request for remedy. Upon termination or expiration, the Licensee agrees to destroy or return all copies of the SOFTWARE PRODUCT and all of its component parts to Muonics within thirty (30) days of the date of termination. Additionally, Licensee (if an individual) or an officer of Licensee (if an entity), shall certify in writing that all such SOFTWARE PRODUCT components have been destroyed or returned to Muonics. All outstanding debts to Muonics by Licensee for the SOFTWARE PRODUCT shall become due and payable immediately upon the effective date of termination.
3. DELIVERY.
Muonics will deliver to the Licensee a copy of the licensed SOFTWARE PRODUCT via electronic download from the Muonics web site upon acceptance of this EULA. At Muonics' discretion, a copy of the licensed SOFTWARE PRODUCT on physical media may be made available to the Licensee, subject to the terms of section 6, provided applicable sales tax has been collected for the purchase. Under California law, sale and delivery of software via electronic download is considered non-tangible, non-taxable sale.
4. MAINTAINANCE AND UPGRADES.
a. If and when Muonics develops updates to the licensed SOFTWARE PRODUCT from time to time, Muonics, at its sole discretion, may, but has no obligation to, provide free or separately priced upgrades for the SOFTWARE PRODUCT at the request of the Licensee.
b. If the SOFTWARE PRODUCT is labeled or provided as an upgrade, you must be properly licensed to use a product identified by Muonics as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled or provided as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
5. COPYRIGHT.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any source code, images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Muonics or its suppliers, unless otherwise noted. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer provided you keep the original or any copies solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
6. DUAL-MEDIA SOFTWARE.
You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
7. U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
8. EXPORT RESTRICTIONS.
Some editions of this software may use or contain restricted or otherwise regulated technologies, such as encryption algorithms with certain key lengths, such that fall under applicable export laws. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit, or allow to be exported or transmitted, (i) the SOFTWARE or related documentation and technical data or (ii) your software product as described in Section 1(f) of this EULA (or any part thereof), or process, or service that is the direct product of the SOFTWARE, to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of both Muonics and the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
MISCELLANEOUS
This EULA shall be governed by the laws of the State of California of the U.S. Each of the parties hereto irrevocably attorns to the jurisdiction and venue of the courts of the northern district of California federal and state courts, as applicable. In the event of any dispute resolution proceeding between the Muonics and the Licensee, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees in the event the party is granted all or substantially all relief sought by such party.
If any provision of this EULA is ruled unlawful or unenforceable in an applicable court of law, the remainder of the EULA shall remain as written and in effect, and any such unlawful or unenforceable provision shall be enforced to the maximum extent possible or a substitute provision shall be negotiated that most closely effects the original spirit of the provision.
Should you have any questions concerning this EULA, the licensing of redistributables, or if you desire to contact Muonics for any reason, please write:
Muonics, Inc.P.O. Box 432
Santa Cruz, CA 95061-0432
USA
or contact via electronic mail to sales@muonics.com.
LIMITED WARRANTY
LIMITED WARRANTY. Except with respect to the REDISTRIBUTABLES, which are provided "as is," without warranty of any kind, Muonics warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any hardware accompanying the SOFTWARE PRODUCT will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT and hardware, if any, are limited to ninety (90) days and one year, respectively.
CUSTOMER REMEDIES. Muonics's and its suppliers' entire liability and your exclusive remedy shall be, at Muonics's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE PRODUCT or hardware that does not meet Muonics's Limited Warranty and which is returned to Muonics with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Muonics are available without proof of purchase from an authorized international source.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MUONICS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT, AND ANY ACCOMPANYING HARDWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MUONICS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL 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 OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF MUONICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.