License Contract - Terms and Conditions
INTRODUCTION: *** REGISTRATION AND EVALUATION ***
This License Contract applies to the object codes of evaluation and registered English versions of the NetDuster software and all files, data and materials relating thereto (hereinafter NetDuster ") according to the terms outlined below.The software is not free. Depending on the terms outlined below, NetDuster Inc. (hereinafter "NetDuster Inc.") grants you permission to use one (1) free copy of this software (NetDusterDemo) merely as an evaluation on one (1) computer or workstation for an unlimited period . The special conditions of the Demo License will apply (see Section "Special conditions of the Demo License" below).
After this, you must acquire a registered version for a single or multiple computers. See http://NetDuster.com site for information on prices, licenses for several computers and ordering the Pro version. Upon receipt of your payment by NetDuster Inc. or its authorized distributor, you will receive a registered copy of the latest version of NetDuster. All registered copies of NetDuster provide access to the full NetDusterPro functionality. For a complete description of NetDuster Demo and Pro features, please refer to the site www.NetDuster.com. The special conditions of the Pro Licence will apply (see the "Special conditions of the Pro Licence" Section below).
REGARDLESS OF THE ORDER METHOD THAT YOU'VE CHOSEN THE FOLLOWING CONDITIONS OF LICENSE WILL ONLY APPLY TO THE RELATIONSHIP BETWEEN NetDuster Inc. AND YOU AND SHALL NOT AFFECT EXISTING LEGAL RELATIONSHIP WITH ONE OF ITS AUTHORIZED DEALERS. AS THESE CONDITIONS REFER TO SUCH AN AUTHORIZED DEALER, THEY ALSO MUTATIS MUTANDIS APPLY TO THE BENEFIT OF THE AUTHORIZED DISTRIBUTOR. READ THE FOLLOWING CONDITIONS CAREFULLY BEFORE USING, INSTALL, COPY, DISTRIBUTE OR FORWARD NetDuster. UNLESS YOU HAVE A DIFFERENT LEGAL AGREEMENT SIGNED BY NetDuster Inc. OR BY AN AUTHORIZED NetDuster Inc. DEALER. THE SIMPLE FACT OF USING, INSTALLING, COPYING, DISTRIBUTING OR FORWARDING NetDuster REPRESENTS YOUR ACCEPTANCE OF THIS LICENSE. BE CERTAIN THAT YOU ACCEPT THE PROVISIONS OF THIS AGREEMENT ( "LICENSE"). IF YOU DO NOT AGREE TO ALL THE PROVISIONS OF THE LICENSE AGREEMENT, THEN DO NOT USE NetDuster, DO NOT INSTALL, COPY, DISTRIBUTE OR FORWARD IT.
Below you will find: Special conditions of the Pro Licence
Special conditions of the Demo Licence
General Terms & Conditions common to both Demo and Pro License
You understand and agree that all general terms and conditions (see "Introduction" and "General Terms & Conditions common to both Demo and Pro License") and special conditions (depending on the NetDuster version: "Special conditions of the Pro Licence" or "Special conditions of the Demo Licence") of this License form a single license and are the only terms and conditions applicable to your purchase of a license or to your use of NetDuster. All other terms specified, referenced and/or incorporated by any document provided by you or on your behalf are, by this licence, rejected by NetDuster Inc.
SPECIAL CONDITIONS OF THE PRO LICENSE
PRO LICENSE EXTENSION
This Section applies only to the object code of NetDuster PRO English version software and all the files, data and materials relating thereto (hereinafter NetDuster ").The special provisions of this PRO (registered) License describe the use and authorized users of each copy given under the NetDuster PRO license.
If you paid individually to NetDuster Inc. or any other distributor authorized by NetDuster Inc. for such a copy, you can, if necessary, send a copy of the transaction record and the registration codes and a sworn signed statement (in the prescribed form on the website www. NetDuster.com) to uninstall and not use, within thirty (30) days of delivery, for a full refund of your payment.
Provided that you comply with the provisions of this PRO License, NetDuster provides you, for each copy given under this license, a limited, non-exclusive, non-assignable, royalty-free license to install and use NetDuster solely for your personal or your operational purposes.
If you bought a NetDuster PRO licence for a single user, you have the right to install and use a single copy of NetDuster on a single computer or workstation, for a non-simultaneous use by one or more persons, and install a second copy of NetDuster on another computer or workstation designed for the exclusive use of the person who is the main user of the first copy of NetDuster. If you bought a NetDuster PRO licence for multiple users, you have the right to install or access a copy of NetDuster on as many computers as provided copies of the NetDuster Pro you have acquired, as determined below.
You do not have the right to give, transfer or sell copies of NetDuster to your customers or any third party nor in full or in part, and you do not have the right to include Copies of NetDuster nor in full or in part, with or in products that you sell.
You can provide network access to each registered copy, provided that you have obtained a NetDusterPro license for each individual workstation, which joins NetDuster through the network. For example, if eight (8) different workstations accessing NetDuster through the network, each workstation must have its own NetDuster licence, regardless of whether NetDuster is used at different times or simultaneously.
At the end of this NetDuster Pro License:
If you paid for a Pro license for a single user and if you received a Code Registration Pro valid, you're supposed to have a single licensed copy NetDuster, and you are authorized to have access to all features of the software;
If you paid for a Pro license for multiple users and if you received a file or a valid Pro Registration Code, you or your organization are supposed to have acquired a number of licensed copies NetDuster equal to the number specified in the web page accessed through the "Purchase" link at the top of the webpage www.NetDuster.com, and you are authorized to have access to all the features of the PRO version of the software;
IT IS FORBIDEN TO MODIFY, AMEND OR REVERSE ENGINEER THE NETDUSTER SOFTWARE OR TO ALLOW ANY PERSON TO MODIFY, AMEND OR REVERSE ENGINEER IT.
If you purchased a Pro license for multiple users, you must copy and distribute NetDuster for use under the conditions of this PRO License and control the number of copies of NetDuster installed and used by your organization. Under a multiple PRO License agreement, you may install NetDuster only on computers operated by or on behalf of your organization. Subject to restrictions on Canada's export laws such as referenced below, other laws and regulations, including laws of countries other than Canada, and other limitations set forth in this PRO License, you are allowed to install and access registered copies.
[For the following terms and conditions applicable to the Pro Licence, please see the section 'General Terms & Conditions common to both Demo and Pro License' as set out below.]
SPECIAL CONDITIONS OF THE DEMO LICENSE
DEMO LICENSE EXTENSION
This Section applies only to the object code of NetDuster DEMO English version software and all the files, data and materials relating thereto (hereinafter NetDuster ").This software is neither shareware or freeware. In the following conditions, you get a NetDuster Demo Licence to use one (1) copy of this software on a (1) computer or workstation, without charge, for purposes of evaluation for an unlimited period. If you choose to access the Pro version of the software after the evaluation, you must register by purchasing the Pro License, for one or more user (s). For that, you can purchase the product from an authorized distributor or from the website http://NetDuster.com.
Any use of NetDuster Pro version without obtaining a Pro License and without paying the necessary rights to use the software, is not covered by this Demo License and constitute an offence under this Demo License and a violation of the laws relating to intellectual property.
Under the conditions of this Demo License, you are authorized, without making a payment NetDuster Inc. or its authorized distributors:
a) to give, personally and without payment, any copies of this NetDuster DEMO version to any person, under the general and special conditions of this DEMO License for the sole purpose of evaluation, through the use of any medium or via e-mail (except sending bulk or spam e-mails);
b) to distribute copies of this evaluation version of NetDuster provided that this is exclusively through download via the public Internet and without any compensation;
c) to make as many copies of this evaluation version of NetDuster you want for distribution as described under (a) and (b) above.
For purposes of the foregoing, a copy of NetDuster is a file that is identical with the original, at the moment when you create it for the purpose of file distribution, as available on http://www.NetDuster.com.
IT IS EXPRESSLY FORBIDDEN TO ASK ANY PAYMENT FOR THESE DISTRIBUTED COPIES, WHATEVER THE FORM, AND TO DISTRIBUTE COPIES OF SUCH CONCURREMMENT WITH OTHER PRODUCTS OF ANY KIND, OR OTHER TRADE WITHOUT PRIOR WRITTEN AUTHORIZATION FROM NetDuster Inc... IT IS ALSO PROHIBITED TO BILL OR TO REQUEST RETRIBUTION FOR PROVIDING ACCESS TO A LINK OR ANOTHER APPROACH TO ALLOW THE USER TO CREATE OR TRANSFER COPIES OF NetDuster ELECTRONICALLY. NetDuster INc. RESERVES THE RIGHT TO REVOKE THE RIGHTS OF DISTRIBUTION MENTIONED ABOVE AT ANY TIME, FOR ANY REASON OR EVEN WITHOUT REASON.
IT IS FORBIDEN TO MODIFY, AMEND OR REVERSE ENGINEER THE NETDUSTER SOFTWARE OR TO ALLOW ANY PERSON TO MODIFY, AMEND OR REVERSE ENGINEER IT.
NetDuster includes a 'Check for program updates' function, selectable by the user. Whether automatic or manual mode, you consent to authorize NetDuster Inc. to download and install the update files not executable on your computer without prior message (for example, files screen). By cons before any download and installation of executable files, NetDuster will ask for your explicit consent.
[For the following terms and conditions applicable to the Demo Licence, please see the section 'General Terms & Conditions common to both Demo and Pro License' as set out below.]
GENERAL TERMS & CONDITIONS COMMON TO BOTH DEMO AND PRO LICENSE
INTELLECTUAL RIGHTS
All rights whatsoever, included in NetDuster and which are not explicitly granted in this NetDuster License (Demo or Pro) are wholly and exclusively reserved for NetDuster Inc. and/or its authorized distributors for all the NetDuster components (hereinafter "License Donors"). NetDuster is protected by Canadian Copyright Laws and any other national legislation and international treaties.You can use, install and distribute NetDuster only in conformity with the express provisions stipulated in this NetDuster License (Demo or Pro).
You may not rent, modify, translate, rebuild, decompile, disassemble NetDuster or create derivative works from NetDuster or authorize any person whatsoever to do likewise. You can not give access to NetDuster to everyone else in connection with a service, a provider of application services or any comparable company, or use NetDuster in a trade that aims to provide third parties cleaning services and computers maintenance, or allow any person whatsoever to do likewise. This NetDuster License (Demo or Pro) contains no right to the source code of NetDuster. Apart from the NetDuster License Donors there is no third party of promises, obligations or commitments made by NetDuster Inc. in this NetDuster License (Demo or Pro).
LIMITATION OF GUARANTEES AND LIMITATION OF LIABILITY
NEITHER NetDuster Inc. OR ITS AUTHORIZED DEALERS AND LICENSE DONORS ARE OFFERING A LICENSE WARRANTY, EITHER EXPRESS OR IMPLIED, EXCEPT IN RESPECT OF MANDATORY WARRANTIES PERMITTED BY LAW.In particular, NetDuster and all software, files, data and additional materials relating thereto are distributed and made available "AS IS" without warranty of any kind, express or implied, including, without limitation, guarantees on its commercial nature or its ability to meet special needs. NetDuster Inc., its affiliates or its License Donors gives no warranty or any commitment regarding the use of NetDuster or results of such use. NetDuster Inc., its affiliates or its License Donors give no guarantee that the functioning of NetDuster will be uninterrupted or error-free, or that the use of passwords and/or cryptography is adequate to prevent unintentional disclosure of information contained in a file. You acknowledge that an appropriate procedure for data processing requires that any program, including NetDuster, is rigorously tested on a non-critical database before being released and you assume all risk of using the copies of NetDuster granted by this License. This clause is an essential part of this NetDuster License (PRO or DEMO).
THE LIABILITY OF NetDuster Inc. ITS DIRECTORS, ITS EMPLOYEES, AFFILIATES OR ITS LICENSE DONORS FOR ANY DAMAGE ON THE NetDuster USE OR AS RESULT OF YOUR RELATIONSHIP WITH NetDuster Inc. ITS AFFILIATES OR LICENSE DONORS IS ONLY LIMITED TO REFUNDING THE REGISTRATION (LICENSE) FEES .
Neither NetDuster Inc. nor its affiliates, License Donors or subcontractors will accept responsibility, nor contract or tort or otherwise, for the use, or inability to use, of NetDuster or about your relationship with NetDuster Inc., its affiliates or License Donors, and in particular may, under no circumstances, be held liable for damages (direct, indirect, incidental, consequential, special or punitive), such as files recovery cost, destruction, loss, data or information revelation or retrieving, increase of general costs, interruptions or damage to the business or the business opportunities and benefits, or loss of income or profits, even though they were warned of the possibility of occurrence of such damage. Neither NetDuster Inc. nor its License Donors can be hold liable for any direct or indirect commercial damage whatsoever.
In any case, neither NetDuster Inc. nor its License Donors will be liable to you for a third party complaint on the use of NetDuster.
MORE, UNDER NO CIRCUMSTANCES, NetDuster Inc. OR ITS LICENSE DONORS, WILL ALLOW YOU TO USE NetDuster IN APPLICATIONS OR SYSTEMS IN WHICH, IN CASE OF NetDuster DYSFUNCTION, YOU CAN REASONABLY EXPECT TO CREATE AN INJURY OR AN IMPORTANT PHYSICAL DYSFUNCTION, RESULTING TO THE DEATH OF A PERSON OR PROPERTY LOSS. BY USING NetDuster FOR SUCH A REASON, YOU USE IT AT YOUR OWN RISK, AND YOU AGREE NOT TO HOLD NetDuster Inc. OR ITS AFFILIATES LIABLE AGAINST ALL LOSSES ON SUCH UNAUTHORIZED USE.
RESTRICTIONS ON EXPORT
NetDuster Is imported from Canada. Thus, NetDuster is subject to restrictions on the Canadian export laws. If you are (a) in a country where exporting from Canada is limited for reasons of anti-terrorism fight, or if you are a citizen of such a country, no matter where you are, (b ) In a country to which Canada has restricted or placed under embargo the export of goods and services, or if you are a citizen of this country, no matter where you are, or (c) if you are a person or entity to whom any involvement in an export transaction with Canada has been prohibited by any entity of the Government of Canada, you can not install, download, access, use or be given a NetDuster license. By accepting this NetDuster License (Demo or Pro), you grant NetDuster Inc. and its authorized distributors (1) that you do not fall under the criteria described in (a), (b) or (c) above, (2) that you do (re-) export NetDuster in a country, or to a person or entity, subject to Canada export restrictions, including all persons and entities who fall under the criteria described in (a), (b) or (c) above, and (3) that no official organization from Canada has suspended, revoked or denied your privileges as for export.NetDuster may be subject to export, import and/or use restrictions in other countries. If you accept this License NetDuster (PRO or DEMO) and if you install, download, access, use, receive a license or export NetDuster, you grant NetDuster Inc. and its authorized distributors that you are in compliance with your local regulations and requirements with regard to the export, import and/or use of NetDuster, including without limitation, government authorizations.
INDEMNIFICATION
At your own expense, you shall indemnify, defend, and hold harmless NetDuster Inc., its affiliates, their License Donors and also its directors, its employees, its shareholders, its successors or beneficiaries, from and against any and all claims, actions, expenses, losses , damages, costs, liabilities and judgments, including fees and reasonable legal fees arising out of or in connection with any action arising out of or related to: (i) any use by you of NetDuster other than expressly permitted by this NetDuster License (Demo or Pro) or in a manner that's inconsistent with the attached documentation, (ii) any violation by you of this NetDuster License (Demo or Pro), or (iii) any violation of applicable law by you, your officers, your employees, agents, your members, your shareholders, your successors or your beneficiaries.GENERAL PROVISIONS
NetDuster, including without limitation the information contained in the files, data and equipment that can be distributed with NetDuster and all files or information concerning the activation codes and registration, as well as know-how incorporated in NetDuster are confidential, as well as information on trade secret ( "proprietary information") which belongs to NetDuster Inc. and is exclusively owned and given a license by NetDuster Inc. and all copyrights and trademarks relating thereto. You agree to maintain proprietary information strictly confidential for the benefit of NetDuster Inc. or its License Donors. You are not authorized to sell, license, publish, display, distribute, disclose or otherwise make available or allow the provision of proprietary information, including without limitation, all the codes' activation, all registration codes, or all files of records to a third party or use such proprietary information for yourself, except as authorized by this NetDuster License (Demo or Pro). The obligations of this paragraph shall survive any termination or cancellation of the NetDuster License (Demo or Pro).This NetDuster License (Demo or Pro) constitutes the entire agreement between the parties with respect to its object and replaces and prevails over any other agreement, purchase order or any other provision beforehand.
You are not authorized to sell, give sublicense or subcontract or otherwise transfer your rights or obligations or delegate your obligations under this NetDuster License (Demo or Pro), in whole or in part, without the consent prior NetDuster Inc.
Any waiver by NetDuster Inc. of any violation of this License by you shall not constitute, nor contribute to, a waiver by NetDuster Inc. of any other or future violation by you of the same provision, or any other provision, of this NetDuster License (Demo or Pro).
This NetDuster License (Demo or Pro) is governed by the laws of Province of Quebec (Canada) explicitly excluding the application of rules refering to return to Quebec. Any matter relating to this NetDuster License (Demo or Pro) will fall within the exclusive jurisdiction of the courts of Province of Quebec (Canada), and you will accept their competences and rullings. If any part of this NetDuster License (Demo or Pro), or its application in respect of a person or in certain circumstances, should be invalidated or unenforceable for any reason whatsoever, this License NetDuster (Demo or Pro), and its application to other persons or in other circumstances, will not be affected. If any clause or provision of this NetDuster License (Demo or Pro) were to be declared void or unwritten, other clauses or provisions would remain no less valid.
