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Terms and conditions
Company Information
AGREEMENT BETWEEN YOU AND NEKTRA LLC.
Nektra Deviare In-Proc Software License Agreement
Nektra, Software License Agreement
LICENSE AGREEMENT
THIS LICENSE AGREEMENT (THE "AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU
(EITHER AN INDIVIDUAL OR A LEGAL ENTITY) AND NEKTRA FOR THE SOFTWARE PRODUCT
IDENTIFIED ABOVE, WHICH INCLUDES COMPUTER SOFTWARE AND ELECTRONIC DOCUMENTATION
("SOFTWARE"). PLEASE READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY BEFORE USING
THE SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT
THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORISED TO INSTALL, COPY OR USE THE
SOFTWARE.
1. DEFINITIONS
The following terms shall have the following meanings:
"Documentation" means the technical publications prepared and delivered to
Licensee by Nektra relating to use of the Software, such as reference and
tutorial manuals.
"License Key(s)" means the code(s) transferred from Nektra to Licensee allowing
Licensee to use the Software.
"License Key Information Form" means the form completed by Licensee and
submitted to Nektra setting forth the information requested by Nektra for the
transfer of the License Key.
"Source code" (also referred to as source or code) is the version of software as
it is originally written (i.e., typed into a computer) by a human in plain text
(i.e., human readable alphanumeric characters).
"Licensee" means the individual or entity licensing the Software hereunder as
listed on the License Key Information Form.
"Software" means those items of software, in object code format, source code,
example programs and the documentation, proprietary to Nektra and/or its
suppliers, that Licensee has ordered from Nektra pursuant to the License Key
Information Form.
2. LICENSE TERMS
Nektra grants to Licensee as an individual a personal, nonexclusive,
non-transferable license to make and use copies of the Licensed Software for the
sole purposes of designing, developing, and testing one, and only one,
Licensee's software product ("Application"). Licensee may install copies of the
Licensed Software on an unlimited number of computers provided that Licensee is
the only individual using the Licensed Software. If Licensee is an entity,
Nektra grants Licensee the right to designate one, and only one, individual
within Licensee's organization who shall have the sole right to use the Licensed
Software in the manner provided above. Licensee may at any time, but not more
frequently that once every six (6) months, designate another individual to
replace the current designated user by notifying Nektra, so long as there is no
more than one designated user at any given time.
Licensee must acquire a license of Licensed Software for each developer
designing, developing, or testing, and for each product that uses Licensed
Software, whichever number is greater.
3. GENERAL TERMS THAT APPLY TO APPLICATIONS AND REDISTRIBUTABLES
Nektra grants Licensee a non-exclusive, royalty-free right to develop products
based on the Licensed Software. Copies of the Software or parts of the Software
should not be distributed. Licensee should not develop similar Software
including, but not limited to, Interception Library, Api Monitor, Network
interception.
Only the necessary binaries to run your software can be distributed within your
software. Documentation, installer, examples, source code or any other file that
is not necessary to run your software can be distributed. It is forbidden to
change software binary names. Only Source code Licenses are allowed to change
binary names.
4. LIMITED WARRANTY/LIMITATIONS ON LIABILITY
4.1. Warranty Disclaimer. The Licensed Software is Licensed to Licensee "AS IS".
To the maximum extent permitted by applicable law, Nektra on behalf of itself
and its suppliers, disclaims all warranties and conditions, either express or
implied, including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose, title and non-infringement with regard to the
licensed software. This warranty disclaimer notwithstanding, licensee may have
specific legal right which may vary from state/jurisdiction to
state/jurisdiction.
4.2. Limited Warranty. Nektra warrants that for your benefit alone, for ninety
(90) days from the day of delivery to you (the "Warranty Period") the Software
media, under normal use in a compatible execution environment, will be free from
defects in material and workmanship. In no event may you bring any claim, action
or proceeding arising out of the warranty set forth in this Article more six (6)
months after the date on which the breach of warranty occurred.
4.3. Exceptions to Warranties; Disclaimers. Except for the above express limited
warranty, Nektra disclaims any and all other warranties, express or implied,
including any implied warranties of merchantability or fitness for particular
purpose. Nektra does not warrant that the Software, its use, operation or your
ability to use the Software will be uninterrupted or error-free or that all
Software errors will be corrected. The warranty set forth above shall not apply
to any defect or problems caused by any defect in any hardware or software used
in combination with the Software, or use of the Software in execution
environments not specified in the Documentation. Nektra does not warrant that
the Software or service will meet your requirements or that the operation of the
Software will be uninterrupted or error free.
Nektra limited warranty is void if a breach of the warranty has resulted from
(i) accident, corruption or misuse of the Software; or (ii) acts or omissions by
someone other than Nektra.
4.4. Exclusive Remedies. You agree that if, during the Warranty Period, a defect
in the Software media appears, your exclusive remedy will be, in Nektra's sole
option, to replace the media, to credit the amounts paid by you to Nektra, if
any, and terminate this License. This remedy is subject to the return of all
copies of the Software.
4.5. Limitations of Liability. In no event shall Nektra be liable for any
damages to you or any other party whether arising out of contract or from tort
including loss of data, profits or business or other special, incidental,
exemplary or consequential damages, even if Nektra has been advised of the
possibility of such loss or damages.
Nektra cumulative liability shall not exceed the license fee paid, if any, for
use of this Software and Documentation. This section shall survive termination
of this License.
5. SUPPORT AND UPDATES
Licensee will be eligible to receive email based software developer support and
access to Updates to the Licensed Software for a period not to exceed one year
from the date of initial delivery, in accordance with Nektra's then current
license agreement, policies and procedures, if any. Such policies and procedures
may be changed from time to time.
Support is limited to basic mail support for ninety (90) days from the day of
delivery to you (the "Warranty Period").
Source code is provided "AS IS" and only compilation support is provided by
Nektra.
6. LICENSE UPGRADE
The Licensee can upgrade this License to any other available and the funds payed
for this License will be taken as part paid for the new License for one hundred
and twenty (120) days from the day of delivery to the Licensee.
7. OWNERSHIP
The Software is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. Title,
ownership rights, and all intellectual property rights in and to the Software
and Documentation shall remain with Nektra and/or its licensors. Licensee agrees
not to modify the Software, reproduce or distribute the Software except as
expressly authorised herein, create derivative works of, or attempt to decipher,
translate, decompile, disassemble, reverse engineer the Software or otherwise
attempt to derive the source code of the Software or assist or encourage any
third party in doing so.
Source code is provided only to show how the software was developed and it
cannot be changed to build a different product of any type. Licensee agrees to
use source code only to build Licensed Software.
8. TERMINATION
Nektra may terminate the Agreement at any time immediately upon written notice
by Nektra to Licensee if Licensee breaches this Agreement, fails to pay the fees
for the Licensed Software, or infringes Nektra's intellectual property in or to
the Licensed Software. Upon termination of the Licenses, Licensee shall return
to Nektra all copies of Licensed Software that were supplied by Nektra. All
other copies of Licensed Software in the possession or control of Licensee must
be erased or destroyed. An officer of Licensee must promptly deliver to Nektra a
written confirmation that this has occurred.
9. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of
United States.
10. MISCELLANEOUS
10.1. If any term, condition, or provision in this Agreement is found to be
invalid, unlawful or unenforceable to any extent, the remaining terms,
conditions and provisions will continue to be valid and enforceable to the
fullest extent permitted by law.
10.2. This Agreement represents the entire agreement of the parties with respect
to the subject matter of this Agreement and supersedes all previous
communications, representations, understandings and agreements; either oral or
written, between the parties with respect to said subject matter.
10.3. This Agreement may not be amended, except in writing, signed by both
parties. No terms, provisions or conditions of any purchase order,
acknowledgement or other business form that Licensee may use in connection with
the acquisition or licensing of the Software will have any effect on the rights,
duties or obligations of the parties under, or otherwise modify, this Agreement,
regardless of any failure of Nektra to object to such terms, provisions or
conditions.
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