SOFTWARE LICENCE AGREEMENT for
SiSoftware SANDRA LITE/SHAREWARE VERSION
This Software Licence Agreement (hereinafter referred to as "AGREEMENT") is a
legal agreement between you, and SiSoftware (hereinafter referred to
as "AUTHOR") for the computer program entitled "SiSoftware SANDRA(tm)" (System
Analyser, Diagnostic and Reporting Assistant) Lite/Shareware Version
including any enclosed documentation and/or accompanying items (hereinafter
referred to as "SOFTWARE"). This AGREEMENT states the terms and conditions upon
which AUTHOR offers to licence the SOFTWARE.
This agreement is binding upon you as well as anyone taking any action with
regard to your copy of the SOFTWARE at your direction or not. This applies to
any third party as well.
You should carefully read the following terms and conditions before using
this SOFTWARE. Unless you have a different licence AGREEMENT signed by AUTHOR
your use of this SOFTWARE indicates your acceptance of this licence AGREEMENT
By continuing the installation of this SOFTWARE, running or copying it to
a DEVICE, you agree to be bound by the terms and conditions of this
A "DEVICE" is defined as a computer, virtual machine (VM), emulator, PDA or any other kind of device capable of running the software. If you are running multiple VMs on a physical computer, each VM is deemed to represent a separate computer for licencing purposes.
TERMS AND CONDITIONS
LICENCE. For personal or educational use, paragraph 1.a. applies. For any
other use, (office, business, etc.) paragraph 1.b. applies.
PERSONAL USE LICENCE. For personal or educational use on a non-domain DEVICE, subject to the terms and conditions of this AGREEMENT, AUTHOR grants you the limited right to use the SOFTWARE on your home DEVICE(s) or the DEVICE(s) of an accredited educational institution for educational purposes use only. You may not copy any of the printed material (if any) for any reason. You have no ownership or proprietary rights in or to the SOFTWARE. You agree that the SOFTWARE will not be used, in any manner, in violation of any applicable law.
You are not required to pay any charge. For personal use as defined above, the SOFTWARE is free.
EVALUATION LICENCE. For any other use, subject to the terms and conditions of this AGREEMENT, AUTHOR grants you the limited right to use the SOFTWARE for evaluation purposes without charge for a period of 21 days. If you use the SOFTWARE after the 21-day evaluation period you must purchase one of the commercial versions of the SOFTWARE.
Unregistered use of the SOFTWARE after the 21-day evaluation period is in violation of United Kingdom and international copyright laws.
COPYRIGHT. The SOFTWARE is owned and copyrighted by AUTHOR and is protected by United Kingdom copyright laws, other copyright laws and international treaties. AUTHOR reserves all the rights regarding the SOFTWARE. AUTHOR authorises usage of the SOFTWARE only in accordance with the terms and conditions stated in this AGREEMENT. You may not remove any copyright or proprietary notices from the SOFTWARE.
GENERAL USAGE. Neither you, anyone at your direction, nor any third party, shall take the following actions with regard to the SOFTWARE, or any portion thereof to modify, change, decompile, recompile, disassemble, reverse engineer, adapt, create derivative works, translate or reproduce the SOFTWARE. In any event, you will notify AUTHOR of any information derived from reverse engineering or such activities and the results thereof will constitute confidential information of AUTHOR which may be used only in connection with the SOFTWARE. If you seek interface information you should initially approach AUTHOR.
COMMERCIAL USAGE & EXPLOITATION. Under no circumstances shall you, the end-user, be permitted, allowed or authorised to commercially use or commercially exploit the SOFTWARE, or any portion thereof. Neither you, anyone at your direction nor any third party shall take the following actions with regard to the SOFTWARE, or any portion thereof to sell, rent, lend, lease, commercially use or commercially exploit the SOFTWARE.
DISTRIBUTION. Refer to the "Shareware Version Distribution
Licence" document if you want to distribute the SOFTWARE. In addition you are
also bound by the terms and conditions of this AGREEMENT.
UPDATES. AUTHOR reserves the right to update the contents of
the SOFTWARE and its associated files, documentation , licence terms and/or
other elements, at its discretion from time to time, without the consent of or
any obligation to, any licensed users or distributors.
NO WARRANTY. THE SOFTWARE IS PROVIDED "AS-IS". NO WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES, OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE WITH RESPECT TO THE
SOFTWARE ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON. AUTHOR DOES NOT WARRANT
THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR MEET ANY
REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES
WHETHER ORAL OR WRITTEN. NO ONE BUT AUTHOR IS AUTHORISED TO MAKE MODIFICATIONS
OR ADDITIONS TO THIS WARRANTY.
REMEDIES. AUTHOR WILL NOT BE LIABLE AND WILL PROVIDE NO
REMEDY FOR LOST DATA, LOST SAVINGS, LOST PROFITS, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, INDIRECT OR ANY OTHER DAMAGES ARISING FROM
NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, BREACH OF CONTACT, EVEN
AFTER NOTICE OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER
TRANSFER. Nether this AGREEMENT nor any part or portion of it
shall be assigned or sublicensed, except as described herein.
TERM. This licence and your right to use the SOFTWARE
terminates automatically if you violate any part of this AGREEMENT without
notice from AUTHOR. You can also terminate this licence at any time. You agree
upon termination to destroy all copies of the SOFTWARE immediately. Upon
termination AUTHOR may also enforce any rights provided by law.
INDEMNIFICATION. You hereby agree to indemnify, hold harmless
and defend AUTHOR, his family, relatives, licensees, sub-licensees,
distributors and lawyers against any and all damages, losses, claims, courses
of action, lawsuits, liabilities, judgements and all expenses arising from,
resulting to, or in connection with a breach of this AGREEMENT by you and
arising from, relating to, or in connection with your use or non-use of the
RESTRICTED RIGHTS. The SOFTWARE and any related documentation
is provided with restricted and limited rights. Use, duplication and
disclosure by U.S. Government is subject to restrictions as set forth in the
subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software
Clause at 252.227-7013. If you are using this software outside the U.S. you
agree to be bound by the applicable law in your country.
PRICE ENGINE. By enabling this functionality, you agree that system information (devices installed), specifically entered information (postcode/ZIP, etc.) and local information (language, currency, country, etc.) - henceforth known as "USER DATA" - can be sent to AUTHOR and/or PRICE ENGINE and used at their discretion for the purpose of downloading and displaying price and product information. USER DATA is not linked to other identifiable information (e.g. IP address) even if provided. Both AUTHOR and PRICE ENGINE do track the volume of queries submitted in order to prevent abuse, hacking and/or DOS (denial of service) attacks and for statistical analysis. By visiting a merchant using the links provided or by purchasing a product or service using the links, you agree that AUTHOR and/or PRICE ENGINE may receive a commission.
UPLOADED DATA. By uploading benchmark results, system reports and/or logs - henceforth known as "UPLOADED DATA", you agree that AUTHOR may use this information for the intended purpose (e.g. technical support) as well as other related purposes (e.g. statistical analysis). UPLOADED DATA is not linked to other identifiable information even if provided (e.g. IP address, serial numbers, etc.). UPLOADED DATA does not purposely include identifiable information; where such information has been included, it will be removed.
Should any provision of this AGREEMENT be held to be void, invalid,
unenforceable or illegal by a court, the validity and enforceability of the
other provisions shall not be affected thereby. If any provision is
determined to be unenforceable, you agree to a modification of such
provision to provide for enforcement of the provision's intent, to the
extent permitted by applicable law. Failure of a party to enforce any
provision of this AGREEMENT shall not constitute or be construed as a waiver
of such provision or the right to enforce the provision.
The following provisions shall survive the expiration or early
termination of this AGREEMENT: paragraphs 2., 3., 4. and 11.
ENTIRE AGREEMENT. This AGREEMENT constitutes the entire
AGREEMENT between you, and AUTHOR and supersedes any prior written or oral
agreement concerning the SOFTWARE. AUTHOR is not bound by any action,
statements, or any provisions made by anyone else. No modification or change
in this AGREEMENT shall be valid or binding upon AUTHOR unless in writing.
APPLICABLE LAW. This AGREEMENT shall be governed by the laws
of the United Kingdom. You agree to jurisdiction and venue in the courts
located in London, U.K. for all claims, disputes and litigation arising under
or related to this AGREEMENT. The export of this product is governed by U.K.
BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD
THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND
CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES AND SUPERSEDES ALL
PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN AND ANY OTHER COMMUNICATION
BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Third-party modules, primarily libraries from Microsoft® are bundled with the software and are subject to separate license terms that are not covered under this agreement. Any such separate license terms are provided in a text file accompanying this individual third-party module.
If you do not agree with the terms and conditions of this AGREEMENT or do not
understand any of them you should un-install and destroy your copy of the