Event Reporter license document – EULA

EventReporter
Version 17.1
End User License Agreement
2020-01-27

This binary code license (“License”) contains rights and restrictions associated with use of the accompanying software and documentation (“Software”). Read the License carefully before installing the Software. By installing the Software you agree to the terms and conditions of this License.

1. Limited License Grant
Adiscon grants you a non-exclusive License to use the Software free of charge for 30 days for the purpose of evaluating whether to purchase a commercial license of EventReporter. After this period, users are required to purchase proper licenses if you continue to use it. If Customer has purchased EventReporter licenses, Customer is allowed to use the purchased product edition under the terms of this license agreement.

2. Copyright
The software is confidential copyrighted information of Adiscon GmbH, Germany. You shall not modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer the software. The software may not be leased, assigned, or sublicensed, in whole or in part. A separate license is required for each computer being monitored by EventReporter. A computer is considered to be monitored by EventReporter when either the EventReporter product is installed on it or a remote event log monitor is configured to read event logs on that computer (while EventReporter itself is installed on a different computer). In the case of remote event log monitoring, always a minimum of two licenses are required: one for the computer EventReporter is installed on and at least one for the remotely monitored computers.

3. Trademarks and logos
EventReporter is a trademark of Adiscon. Windows is a registered trademark of Microsoft Corporation. All other trademarks and service marks are the property of their respective owners.

4. Evaluation period
The product comes with a free 30 day evaluation period. We strongly encourage all customers to evaluate the products fitness for their systems and environment during the evaluation period. Customer agrees to install the product on production systems only after it has proven to be acceptable on similar test systems.

5. Licensed remote event log monitor clients
EventReporter can be used to monitor Windows event logs on remote computers. A full EventReporter license is required for each remote computer on which Windows event logs are being monitored. Technically, the product might count licenses based on the number of remote event log monitors configured. In such cases, a license is required for each remote event log monitor configured.

6. Product Editions
A specific edition of the EventReporter product is licensed. Only the licensed specifically licensed version may be used. For example, if an EventReporter Basic edition is licensed, features of the Professional edition may not be used. The license keys are also technically different, that is a Basic edition license key is technically different from a Professional Edition license key. Thus, a Basic edition license key can not be used to unlock Professional features.

7. Redistribution
Everybody is granted permission to redistribute the install set if the following criteria are meet:

– the install set, product and all documentation (including this license) are
supplied unaltered
– there is no registration key distributed along with the install set. REGISTRATION
KEYS ARE SOLE INTENDED FOR THE ORIGINAL CUSTOMER. IT IS COPYRIGHT
FRAUD TO DISTRIBUTE REGISTRATIONS KEYS.
– the redistributor is only allowed to charge a nominal fee if the product is included
into a commercial distribution set (e.g. shareware CD collection). For a CD collection,
we deem a fee of up to US$ 30 to be reasonable.
– redistribution as part of a book companion CD is OK, as long as the books purpose is
not only to cover a CD software collection in which case we deem a cost of US$ 50
for the book to be OK.

8. Disclaimer of warranty
The Software is provided “AS IS,” without a warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.

9. Limitation of liability
ADISCON SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE. IN NO EVENT WILL ADISCON BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF ADISCON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS THE CUSTOMERS RESPONSIBILITY, TO USE THE EVALUATION PERIOD TO MAKE SURE THE PRODUCT CAN RUN WITHOUT PROBLEMS IN CUSTOMERS ENVIRONMENT.

10. Severability
The user must assume the entire risk of using the program. IN NO EVENT WILL ADISCON BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT ADISCON RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF ADISCON SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

11. Termination
The License will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software.

12. High risk activities
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). Adiscon specifically disclaims any express or implied warranty of fitness for High Risk Activities.

13. General Provisions
This license agreement shall be governed and interpreted in accordance with the substantive law of Germany applicable to contracts made and performed there. The place of performance of the agreement is Germany, Grossrinderfeld notwithstanding where the Customer is situated or any servers are located.

If any provision of this license agreement shall be held void or unenforceable by a court of competent jurisdiction, it shall be severed from this agreement and shall not affect the remaining provisions. Void clauses are to be construed in such a way that the business purpose of said clauses as envisaged by both parties can be realized in a lawful manner. Except as expressly set forth in this agreement, the exercise by either party of any of its remedies under this agreement will be without prejudice to its other remedies under this agreement or otherwise.

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