UPON PURCHASE OF AND PAYMENT FOR THE SOFTWARE LICENSE, USE OF THE SOFTWARE IS
SUBJECT TO THE NASTEL TECHNOLOGIES, INC SOFTWARE LICENSE TERMS SET FORTH BELOW.
USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE LICENSE TERMS. IF YOU DO NOT
ACCEPT THESE LICENSE TERMS, YOU MAY RETURN THE SOFTWARE. IF THE SOFTWARE IS
BUNDLED WITH ANOTHER PRODUCT, YOU MAY RETURN THE ENTIRE UNUSED PRODUCT.
NASTEL TECHNOLOGIES, INC.
SOFTWARE LICENSE TERMS
Upon purchase of and payment for
the appropriate software license, the following License Terms govern your use
of the accompanying Software unless you have a separate written agreement with
NASTEL TECHNOLOGIES, INC.
License Grant. NASTEL TECHNOLOGIES, INC grants you a non-exclusive license to Use one copy of the version of the Software delivered to you for the limited time period set forth in your order for the Software version. “Use” means storing, loading, installing, executing or displaying the Software on a Licensed CPU in the United States for its own internal data and business processing needs solely on the number of Cores and Processors comprising the Licensed CPU identified in your order. Licensed CPU or Licensed Core that is identified on an Order Form means the logical central processing unit as reported by the operating system running as Virtual Machine (VM) or Logical Partition (LPAR) on which the Software may be operated. Licensed MIP that is identified on an Order Form means Million Instructions per Second on IBM mainframe Logical Partition (LPAR), on which the Software may be operated. Your increase in the number of Cores or Processors requires you to pay additional fees. You may not modify the Software or disable any licensing or control features of the Software. If the Software is licensed for “concurrent use”, you may not allow more than the maximum number of authorized users to Use the Software concurrently. Additional license restrictions, if any, for NASTEL products are contained in “Additional license Restrictions” as attached.
Ownership. The Software is owned and copyrighted by NASTEL TECHNOLOGIES, INC or its third party suppliers. Your license confers no title to, or ownership in, the software and is not a sale of any rights in the Software. You are not authorized to and shall not permit the sublicense, rent or lease of the Software. NASTEL’s third party suppliers may protect their rights in the event of any violation of these License Terms.
The Software may contain or be derived from materials provided by one or more third parties under license to Nastel, which rights are retained by such third parties, and such usage is limited to the use with the Software alone. Nastel has assumed responsibility for the selection of such materials and their use in producing the product(s) licensed hereunder.
EACH SUPPLIER OF ASSOCIATED SOFTWARE AND SOFTWARE COMPONENTS INCLUDED IN THE SOFTWARE DISCLAIMS:
(1) ALL WARRANTIES (EXPRESS OR IMPLIED) WITH RESPECT TO THE USE OF SUCH MATERIALS IN CONNECTION WITH THE SOFTWARE, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, PERFORMANCE OR FITNESS FOR A PARTICULAR PURPOSE; AND
(2) ANY AND ALL LIABILITY FOR (A) SPECIAL, INCIDENTAL, EXEMPLARY, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR (B) LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
The limitations and exclusions of Nastel’s liability described in this section also apply to any third-party supplier materials supplied to a licensee and included in the Software. The limitations and exclusions of the liabilities of Nastel and its third-party supplier(s) are not cumulative. Each such third-party supplier is an intended beneficiary of this section.
Copies and Adaptations. You may only make copies or adaptations of the Software for archival purposes or when copying or adaptation is an essential step in the authorized Use of the Software. You must reproduce all copyright notices in the original Software on all copies or adaptations. You may not copy the Software onto any public network.
No Disassembly or Decryption. You may not disassemble, reverse assemble or compile, translate or decompile the Software unless NASTEL’s prior written consent is obtained. In some jurisdictions, NASTEL’s consent may not be required for limited disassembly or decompilation. Upon request, you will provide NASTEL TECHNOLOGIES, INC with reasonably detailed information regarding any disassembly or decompilation. You may not decrypt the Software unless decryption is a necessary part of the operation of the Software.
Transfer. Your license will automatically terminate upon any transfer of the Software. Upon transfer, you must deliver the Software, including any copies and related documentation, to the transferee. The transferee must accept these License Terms as a condition to the transfer.
Termination. NASTEL TECHNOLOGIES, INC may terminate your license upon notice for failure to comply with any of these License Terms. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions in any form. Nastel retains the right to audit all use of the Software at any time.
Export Requirements. You may not export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations.
U.S. Government Restricted Rights. The Software and any accompanying documentation have been developed entirely at private expense. They are delivered and licensed as “commercial computer software” as defined in DFARS 252.227-7013 (Oct 1988), DFARS 252.211-7015 (May 1991) or DFARS 252.227-7014 (Jun 1995), as a “commercial item” as defined in FAR 2.101(a), or as “Restricted computer software” as defined in FAR 52.227-19 (Jun 1987)(or any equivalent agency regulation or contract clause), whichever is applicable. You have only those rights provided for such Software and any accompanying documentation by the applicable FAR or DFARS clause or the NASTEL TECHNOLOGIES, INC standard software agreement for the product involved.
ADDITIONAL LICENSE RESTRICTIONS FOR NASTEL TECHNOLOGIES, INC
NASTEL products are licensed for Concurrent Use and may, at the time of order, be further limited to a restricted number of Concurrent Users based upon a particular version of Software which is being distributed. “Agent” software means a collection of executable modules that are located on each computer to be managed. “Console” software means a collection of executables necessary to consolidate or view data collected by the Agent software. “Policies” means the files containing instructions, which are interpreted and acted upon by the Agent software.
SOFTWARE: NASTEL TECHNOLOGIES, INC warrants for a period of NINETY-(90) DAYS from the date of the purchase of the license that the software product will execute its programming instructions when properly installed on the personal computer, or workstation indicated on this package. NASTEL TECHNOLOGIES, INC does not warrant that the operation of the software will be uninterrupted or error free. In the event that this software product fails to execute its programming instructions during the warranty period, Customer’s remedy shall be to return the diskette(s), tape cartridge(s), or CD-ROM(s) (“media”) to NASTEL TECHNOLOGIES, INC for replacement. Should NASTEL TECHNOLOGIES, INC be unable to replace the media within a reasonable amount of time, Customer’s alternate remedy shall be a refund of the purchase price upon return of the product and all copies.
MEDIA: NASTEL TECHNOLOGIES, INC warrants the media upon which this product is recorded to be free from defects in materials and workmanship under normal use for a period of NINETY-(90) DAYS from the date of purchase. In the event any media prove to be defective during the warranty period, Customer’s remedy shall be to return the media to NASTEL TECHNOLOGIES, INC for replacement. Should NASTEL TECHNOLOGIES, INC be unable to replace the media within a reasonable amount of time, Customer’s alternate remedy shall be a refund of the purchase price upon return of the product and all copies.
NOTICE OF WARRANTY CLAIMS: Customer must notify NASTEL TECHNOLOGIES, INC in writing of any warranty claim not later than thirty-(30) days after the expiration of the warranty period.
LIMITATION OF WARRANTY: NASTEL TECHNOLOGIES, INC makes no other express warranty, whether written or oral with respect to this product. Any implied warranty or merchantability or fitness is limited to the 90-day duration of this written warranty. Some states or provinces do not allow limitations on how long an implied warranty lasts, so the above limitation or exclusion may not apply to you*.
This warranty gives specific legal rights, and you may also have other rights, which vary from state to state, or province to province.
EXCLUSIVE REMEDIES: The remedies provided above are Customer’s sole and exclusive remedies. In no event shall NASTEL TECHNOLOGIES, INC be liable for any direct, indirect, special, incidental, or consequential damages (including lost profit) whether based on warranty, contract, tort, or any other legal theory. Some states or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
WARRANTY SERVICE: Warranty service may be obtained from the nearest NASTEL TECHNOLOGIES, INC sales office or other location indicated in the owner’s manual or service booklet.
*UK only: If you are a “consumer” as defined by statutes, parts of this statement may not apply to you.