You are on page 1of 4

This License Agreement ("AGREEMENT") is a legal agreement between you ("LICENSEE"), either an individual or a legal entity including any

legal successors, and MG-SOFT Corporation ("MG-SOFT") for the software in this package and associated media (the "LICENSED SOFTWARE"). By opening and/or installing this package containing the LICENSED SOFTWARE, you agree to be bound by the terms of this AGREEMENT, notwithstanding any other terms set forth in any purchase order or other document. 1. Copyright information The LICENSED SOFTWARE is owned and Copyright by MG-SOFT. LICENSED SOFTWARE is protected by applicable copyright laws and international treaties. You are eligible to install at most one copy of the LICENSED SOFTWARE per owned license on at most one computer. Therefore, you must treat the LICENSED SOFTWARE (including any accompanying documentation) like any other copyright material (i.e., a book or musical recording), except that you may make one copy of the LICENSED SOFTWARE solely for the backup or archival purposes and not for distribution to any third party. Any unauthorized distribution of the LICENSED SOFTWARE (licensed or evaluation), whole or a part, with or without license.key, without prior written consent from MG-SOFT, is strictly prohibited and will subject the distributing party to civil and/or criminal penalties. As a part of the terms of this AGREEMENT, you agree to promptly notify MG-SOFT of any violations of this paragraph or any other paragraph of this AGREEMENT, or any other infringement or breach of this AGREEMENT, by you or any third party. Without signing an appropriate license agreement with MG-SOFT, the LICENSEE is not permitted to bundle the LICENSED SOFTWARE (whole or a part, with or without license.key file) with LICENSEE's products and ship them to LICENSEE's customers or end-users. MG-SOFT is a trademark of MG-Soft d.o.o., Maribor, Slovenia. No right to this trademark or trade name is granted by reason of the license expressed herein. 2. Term and License Types This license is effective upon your opening of this package, which shall be deemed acceptance of this AGREEMENT, whether or not you actually install or operate the LICENSED SOFTWARE. 2.a 30-DAY EVALUATION LICENSE With the 30-DAY EVALUATION LICENSE, the AGREEMENT is terminated in 30 days. After the termination, the LICENSEE must purchase license for the LICENSED

SOFTWARE, or uninstall and destroy all copies of the LICENSED SOFTWARE. A LICENSEE is not permitted to use the LICENSED SOFTWARE running in the evaluation mode for any kind of commercial purposes like testing of other software or equipment that the user is developing, SNMP debugging, problem solving, stress testing, providing support, training or similar purposes. The LICENSED SOFTWARE running in the evaluation mode without a valid license.key file may, at its startup, send a SNMP trap notification to MG-SOFT's server. Trap messages contain no sensitive information and will be used for statistical purposes only by MG-SOFT. 2.b SINGLE USER LICENSE With the SINGLE USER LICENSE, the LICENSEE can install at most one copy of the LICENSED SOFTWARE to at most one computer. To install the software on more computers, the LICENSEE must obtain adequate number od additional SINGLE USER LICENSEs, or a SITE LICENSE for the desired number of computers. 2.c SITE LICENSE FOR <N> USERS With the SITE LICENSE FOR <N> USERS, the LICENSEE can install the LICENSED SOFTWARE to at most <N> computers within offices at one geographical location (and to mobile computers of users based at the same geographical location). If the LICENSEE intends to put in use license.key files to users at different geographical locations, an adequate number of SINGLE USER LICENSEs (or an adequate number of SITE LICENSEs, each SITE LICENSE for the required number of users on the given location) must be obtained prior to deployment. 2.d RENEWING or MIGRATING LICENSES Renewed or migrated license does not give you an additional license. Instead, it only replaces your current license with a new license. After renewing or migrating a license, your old license is legally revoked and must not be used anymore; you are permitted to use only the new license. 3. Limitation of liability This is an AGREEMENT between software professionals or merchants. MG-SOFT offers no warranty for the fitness of the LICENSED SOFTWARE for any particular task, nor will MG-SOFT be liable for any loss of profits, loss of data, or any incidental or consequential damage caused by the use or misuse of the LICENSED SOFTWARE. MG-SOFT further disclaims all such consequential liability. If the software media is defective, it should be returned to MG-SOFT for repair or replacement within 10 days of receipt, postage prepaid, otherwise MG-SOFT offers no customer remedy with regard to the LICENSED SOFTWARE.

MG-SOFT OFFERS NO WARRANTY OF PERFORMANCE, EXPRESS OR IMPLIED, WITH REGARD TO THE LICENSED SOFTWARE. MG-SOFT FURTHER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE LICENSED SOFTWARE. YOU MAY HAVE OTHER RIGHTS UNDER APPLICABLE LAWS OF YOUR COUNTRY OR STATE. WHERE SUCH MANDATORY RULES APPLY, THIS AGREEMENT IS DEEMED TO BE CONFORMED ONLY TO THE EXTENT OF SUCH MANDATORY RULES. ALL OTHER PROVISIONS OF THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT TO ACCOMPLISH THE PURPOSES SET FORTH HEREIN. 4. Updates and technical support MG-SOFT will make Technical Support available to registered owners of the LICENSED SOFTWARE. MG-SOFT may, from time to time, revise or update the LICENSED SOFTWARE. In doing so, MG-SOFT will furnish such revision or updates to you only by means of electronic delivery to an address designated by you and only within one year from the date of the purchase. Any such revision or update shall equally be deemed subject to the terms of this license and shall not in anyway be deemed an extension or modification of it, and shall not be deemed consent to any varying terms. 5. Other restrictions The LICENSEE may not remove any copyright marks, reverse engineer, decompile or disassemble the LICENSED SOFTWARE for any purpose whatsoever, nor may seek to imitate the "look and feel" of the LICENSED SOFTWARE, or incorporate any or all of its copyrighted elements for any purpose whatsoever. 6. General Except if otherwise specifically agreed to in writing by MG-SOFT, this License is personal between the LICENSEE and MG-SOFT. It is not transferable, and any attempt by you to rent, lease, sublicense, assign or transfer any of the rights, duties or obligations hereunder is void. Any party who obtains a copy of this License, whether or not authorized ("transferee") from a LICENSEE ("transferor") shall equally be bound by the terms of this License. MG-SOFT, however, waives no rights it may have against such transferor or transferee. This AGREEMENT and the conduct of the parties hereto shall be governed by the laws of the Republic of Slovenia. By opening this package you consent to the jurisdiction of the courts of the Republic of Slovenia for final, binding resolution of any dispute arising from this AGREEMENT, or any action by you, in contract, or otherwise, in violation of the rights and obligations

set forth herein. Any judgment of such court shall be entitled to be enforced in any court of appropriate jurisdiction. Notwithstanding the above disclaimers, in the event that any third party makes a well-founded claim that this program violates any patent or copyright, MG-SOFT, at its option, request the return of LICENSED SOFTWARE for modification and/or replacement. If none of these alternatives is reasonably available, you agree to return the program to MG-SOFT for a refund or credit, at MG-SOFT s own discretion. You agree to pay any taxes or duties by reason of your purchase or use of this software that may arise in the jurisdiction(s) in which it is used. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND MG-SOFT, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND MG-SOFT RELATED TO THE LICENSED SOFTWARE. THIS AGREEMENT IS WRITTEN IN THE ENGLISH LANGUAGE ONLY. YOU CONSENT TO SUCH EXCLUSIVE USE OF THE ENGLISH LANGUAGE. NO PARTY MAY BRING A LEGAL ACTION UNDER THIS AGREEMENT MORE THAN TWO YEARS AFTER THE CAUSE OF ACTION AROSE. You agree to comply with any applicable export control laws or restrictions. You may terminate this AGREEMENT at any time by uninstalling and destroying all copies of the LICENSED SOFTWARE in your possession. If you do so, all your rights to the license software will also terminate. MG-SOFT may also terminate this AGREEMENT if you fail to comply with all terms of this AGREEMENT. If MG-SOFT terminates this AGREEMENT, all your licensed rights are terminated, and you must uninstall and destroy all copies of the LICENSED SOFTWARE in your possession.