End User License Agreement – Cloud
SRT END USER LICENSE AGREEMENT – CLOUD
IMPORTANT INFORMATION – PLEASE READ CAREFULLY
BY USING THIS SOFTWARE (“SOFTWARE”) YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE (AND HAVE NO LICENSE TO USE) THIS SOFTWARE ON ANY COMPUTER, CLOUD SERVICE, SHARED NETWORK SYSTEM, OR ANY OTHER STORAGE MEDIUM.
If you are using the EVALUATION version of the Software, South River Technologies, Inc. (“SRT”) grants you the individual user the following non-exclusive license:
- You may use the accompanying SOFTWARE free of charge for the evaluation period for the sole purpose of evaluating the SOFTWARE
- If you wish to continue using this SOFTWARE once the evaluation period has expired, you are required to purchase a LICENSE for the SOFTWARE from SRT or one of its designated agents or resellers
- If, after the evaluation period has expired, you do not wish to continue using this SOFTWARE, you must cease using the SOFTWARE
- This license does not grant you any right to any support, bug fix, enhancements, or updates to the Software
If you are using the LICENSED version of the Software, SRT grants you the individual user the following non-exclusive license:
- You may use the SOFTWARE only on the single instance of the underlying operating system (virtual desktop) that you are using
- YOU MAY NOT REDISTRIBUTE, TRANSFER, SUBLICENSE OR OTHERWISE CONVEY THE SOFTWARE, THIS LICENSE, OR ACCOMPANYING REGISTRATION INFORMATION, TO ANY OTHER PERSON OR ORGANIZATION WITHOUT THE PRIOR WRITTEN CONSENT OF SOUTH RIVER TECHNOLOGIES, INC.
This LICENSE is effective so long as you are paying for the subscription to the Software (or if the Software is bundled with other components of a cloud based virtual environment, so long as you ® continue paying that subscription. This LICENSE is not a perpetual license, and may not be transferred to a physical computer, or any other virtual environment, other than the cloud instance in which the Software was first made available. This LICENSE will terminate immediately without notice from SRT if you fail to comply with any provision of this LICENSE. Upon termination, you must terminate use of the SOFTWARE.
Title, ownership rights, and intellectual property rights in and to the SOFTWARE (but not your data accessed or processed by the Software) shall remain in SRT. The SOFTWARE is protected by the copyright laws and other laws and regulations of the United States and international copyright treaties. You retain all rights to your data that is stored in or processed by the SOFTWARE. The SOFTWARE is licensed, not sold.
YOU MAY NOT (and covenant not to):
- PERMIT OTHER INDIVIDUALS TO USE YOUR INSTANCE OF THE SOFTWARE
- MODIFY, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR CREATE DERIVATIVE WORKS BASED ON OR USING THE SOFTWARE
- COPY THE SOFTWARE (EXCEPT TO THE EXTENT A BACKUP PROCESS COPIES IT IN CONNECTION WITH YOUR CLOUD INSTANCE)
- RENT, LEASE, TRANSFER OR OTHERWISE CONVEY RIGHTS TO THE SOFTWARE OR REMOVE ANY PROPRIETARY NOTICES OR LABELS ON THE SOFTWARE
NO OTHER WARRANTIES
UNLESS YOU AND SRT HAVE EXECUTED A SEPARATE AGREEMENT THAT STATES OTHERWISE, THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IMPLIED WARRANTY OF ACCURACY, ANY IMPLIED WARRANTY AGAINST INFRINGEMENT, ANY IMPLIED WARRANTIES ARISING UNDER SUBTITLE 4 OF TITLE 22 OF THE MARYLAND ANNOTATED CODE COMMERCIAL LAW ARTICLE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING. THERE IS NO WARRANTY THAT ANY INFORMATION, COMPUTER PROGRAM, LICENSOR’S EFFORTS OR ANY SYSTEM PROVIDED BY LICENSOR WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE AND SOFTWARE SERVICE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES; LIMITED LIABILITY
IN NO EVENT SHALL SRT OR ITS SUPPLIERS, RESELLERS, OR DISTRIBUTORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SRT 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.
YOUR SOLE REMEDY IN THE EVENT OF A CLAIM OF BREACH OF THIS LICENSE BY SRT SHALL BE FOR SRT TO REPAIR OR REPLACE THE SOFTWARE, OR AT SRT’S ELECTION (OR IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE) REFUND TO YOU THE AMOUNT ACTUALLY RECEIVED BY SRT FROM YOU (OR ON ACCOUNT OF YOUR USE OF THE SOFTWARE, FROM A RESELLER OR OTHER THIRDPARTY) IN THE 12 MONTH PERIOD ENDING ON THE DATE OF SRT’S ELECTION TO MAKE SUCH REFUND.
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