This is a grant of License allowing the purchaser of this License to use the software program Bandwidth Monitor under certain restrictions, terms and conditions. As used herein, the term "Licensee" shall refer to the person or entity which has purchased this License from the Licensor. "Licensor" shall refer to Rokario. By running this Software, you are consenting to be bound by and are a party to this Agreement.
1. License Grant:
Subject to payment of applicable License fees, Licensor grants to Licensee a non-exclusive, nontransferable License to use the Software in the manner described in this document.
2. Scope of License Grant:
Licensee is allowed to install the Software on the number of unique machines In Use by the Licensee according to the details specified during the purchase of the Software.
3. Terms Applicable to all License Grants:
The phrase "In Use by" applies to computers which the Licensee or any wholly-owned subsidiary of the Licensee owns, rents or leases and uses for its own internal activities (for the avoidance of doubt, In Use excludes computers which the Licensee rents or leases to third parties) . License remains with Licensee upon termination of rental or lease agreement.
4. Scope of License Grant:
Licensee may copy the software for archival purposes, provided any copy must contain all of the original software's proprietary notices. Licensee may not: a) Modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software, b) Copy the Software other than as specified above, c) Rent, lease, grant a security interest in or otherwise transfer rights to the Software, d) Remove any proprietary notices or labels on the software.
5. Disclaimer of Warranty:
The Software is provided on an AS IS basis, without warranty of any kind, including, without limitation, the warranties that the Software is merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the software is borne by you, the Licensee. Should the Software prove defective in any respect, Licensee and not 3am Labs, Inc., nor any of Distributors or Resellers, shall assume entire cost of any service and repair. In addition, the security mechanisms implemented by the Software have inherent limitations and Licensee must determine that the Software sufficiently meets Licensee's requirements. This Disclaimer of Warranty constitutes an essential part of the License Agreement. No use of the Software is authorized hereunder except under this Disclaimer.
6. Title:
Title, ownership rights and intellectual property rights in the Software shall remain with Rokario. The Software is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and is protected by applicable law. The License granted under this Agreement gives the Licensee no rights to such content.
7. Termination:
This Agreement and the License granted hereunder will terminate automatically if Licensee fails to comply with the limitations described herein. Upon termination, Licensee must destroy all copies of the Software.
8. LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL LICENSOR OR IT'S SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE, OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, PROFIT, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR RECEIVED FROM LICENSEE FOR A LICENSE OF THE SOFTWARE, EVEN IF THE LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM LICENSOR'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY.
9. Export Law Assurances:
Licensee agrees and certifies that neither the Software nor other technical data received from Licensor, nor the direct product thereof, will be exported outside of the United States except as authorized and permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by Licensee outside of the United States, Licensee agrees that Licensee will not re-export the Software nor any other technical data received from Licensor nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which Licensee obtained the Software.
Returns & Refunds:
Refunds will only be given at the discretion of the management of the Licensor.
Miscellaneous:
This Agreement represents the complete agreement concerning the License granted hereunder and may be amended only by a writing executed by both parties.
