End User Licence Agreement
License Agreement for ACS 3
End User Licence Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (LICENSE) CAREFULLY BEFORE DOWNLOADING OR OTHERWISE USING THE SOFTWARE. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR USE THIS SOFTWARE.
BY JOINING MYVIGOR, YOUR DATA WILL BE HANDLED CAREFULLY AND NOT PASSED ONTO ANY 3RD PARTY UNRELATED ORGANIZATIONS. YOUR DATA WILL ONLY BE USED/ACCESSED BY DRAYTEK CORP AND REGIONAL OFFICES/AGENTS WITHIN YOUR OWN COUNTRY.
1. Scope
This License governs your use of any and all computer software, any printed or electronic documentation, or other code, whether on disk, in read only memory, or on any other media (collectively, the Supplier Software) provided to you as part of or with a Supplier Product.
2. License, not Sale, of Supplier Software
The Supplier Software is licensed, not sold, to you by SUPPLIER, INC. or its affiliate, if any (Supplier). YOU MAY OWN THE MEDIA ON WHICH THE SUPPLIER SOFTWARE IS PROVIDED, BUT SUPPLIER AND/OR SUPPLIERS LICENSOR(S) RETAIN TITLE TO
THE SUPPLIER SOFTWARE. The Supplier Software installed on the Supplier Product and any copies which this License authorizes you to make are subject to this License.
3. License Key Validity Period
The expiration date of the license key will be set and not able to be modified once the license key is activated.
4. Permitted Uses
This License allows you to use the pre-installed Supplier Software exclusively on the Supplier Product on which the Supplier Software has been installed. With respect to Supplier Software [identified by Supplier as the administrative application]that has not been pre-installed on the Supplier Product, this License allows you to copy, use and install such Supplier Software on one or more administrative workstations on which the Supplier Software is supported. You may make one copy of the Supplier Software in machine-readable form for backup purposes only, provided that such backup copy must include all copyright and other proprietary information and notices contained on the original.
5. Proprietary Rights; Restrictions on Use
You acknowledge and agree that the Supplier Software is copyrighted and contains
materials that are protected by copyright, trademark, trade secret and other laws and international treaty provisions relating to proprietary rights. You may not remove, deface or obscure any of Suppliers or its suppliers proprietary rights notices on or in the Supplier Software or on output generated by the Supplier Software. Except as permitted by applicable law and this License, you may not copy, decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, assign, transfer, or create derivative works from the Supplier Software. Your rights under this License will terminate automatically without notice from Supplier if you fail to comply with any term(s) of this License. You
acknowledge and agree that any unauthorized use, transfer, sublicensing or disclosure of the Supplier Software may cause irreparable injury to Supplier, and under such circumstances, Supplier shall be entitled to equitable relief, without posting bond or other security, including but not limited to, preliminary and permanent injunctive relief.
6. Disclaimer of Warranty on Supplier Software
You expressly acknowledge and agree that use of the Supplier Software is at your sole risk. Unless Supplier otherwise provides an express warranty with respect to the Supplier Software, the Supplier Software is provided AS IS and without warranty of any kind and Supplier and Suppliers licensor(s) (for the purposes of provisions 5 and 6, Supplier and Suppliers licensor(s) shall be collectively referred to as Supplier) EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, SUPPLIER DOES NOT WARRANT THAT THE SUPPLIER SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE SUPPLIER SOFTWARE WILL RUN UNINTERRUPTED OR BE ERROR-FREE, OR THAT DEFECTS IN
THE SUPPLIER SOFTWARE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER DISCLAIMERS, SO THE ABOVE EXCLUSION OR DISCLAIMERS MAY NOT APPLY TO YOU.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SUPPLIER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. FURTHER, IN NO EVENT SHALL SUPPLIERS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR INTERRUPTION), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR OTHER TORT), ARISING IN ANY WAY OUT OF YOUR USE OF THE SOFTWARE OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Suppliers total liability to you for all damages exceed the amount paid for this License to the Supplier Software.
8. Government End Users
If the Supplier Software is supplied to the United States Government, the Supplier Software and any documentation are provided with RESTRICTED RIGHTS. The Supplier Software is classified as commercial computer software and the documentation is classified as commercial computer software documentation or commercial items, pursuant to DFAR Section 227.7202 or FAR Section 12.212, as applicable. Any use, modification, reproduction, display or disclosure of the Supplier Software or any documentation by the United States Government shall be governed by the terms of this License.Miscellaneous. This License will be governed by and construed in accordance with the laws of the State of California, U.S.A., without reference to its conflict of law principles. If a court of competent jurisdiction finds any provision of this License invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of this
License will remain in full force. Failure of a party to enforce any provision of this License shall not waive such provision or of the right to enforce such provision. This License sets forth the entire agreement between the parties with respect to your use of the Supplier Software and supersedes all prior or contemporaneous representations or understandings regarding such subject matter. No modification or amendment of this License will be binding unless in writing
and signed by an authorized representative of Supplier. You will not export, reexport, divert, transfer or disclose, directly or indirectly, the Supplier Software, Supplier Products or any technical information and materials supplied under this Agreement without complying strictly with the export control laws and all legal requirements in the relevant jurisdiction, including without limitation, obtaining the prior approval of the U.S. Department of Commerce.
