Virgo Software End User License Agreement ("EULA")
GDIWatch Version 1.5
READ THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE
DOWN-LOADING AND/OR USING GDIWATCH SOFTWARE (THE “SOFTWARE”). THE SOFTWARE IS BEING
LICENSED, NOT SOLD. BY DOWN-LOADING AND/OR USING THE SOFTWARE (OR ANY PORTION THEREOF),
YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND CONDITIONS OF THIS END USER LICENSE
AGREEMENT (THE “AGREEMENT”). IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWN-LOAD OR USE THE SOFTWARE. THIS
AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE SOFTWARE BETWEEN YOU AND
VIRGO SOFTWARE, LLC. (“VIRGO”).
15 Days Free Evaluation Period
Subject to the terms of this Agreement, you may use the Software for evaluation
purposes without charge for a period of fifteen (15) days ("Evaluation Period").
The Evaluation Period commences when you first install or use the Software, and
expires exactly fifteen (15) days later. During the Evaluation Period you agree
to determine whether the Software meets your needs and performs to your satisfaction.
After the Evaluation period ends you agree to either purchase a License or discontinue
using the Software.
License grant
"You" means the person or company who is being licensed to use the Software. "We,"
"us" and "our" means Virgo Software, LLC. After you have evaluated the Software
and determined that it meets your needs and performs to your satisfaction, upon
payment of the License Fee, We hereby grant you a nonexclusive license to use one
copy of the Software on one computer. The Software is "in use" on a computer when
it is loaded into temporary memory (RAM) or installed into the permanent memory
of a computer for example, a hard disk, CD-ROM or other storage device.
You may also store or install a copy of the Software on a storage device, such as
a network server, used only to install or run The Software on other computers over
an internal network; however, you must acquire and dedicate a separate license for
each separate computer on which the Software is installed or run from the storage
device. A license for the Software may not be shared or used concurrently on different
computers.
You may not disclose to third parties, or publish Unlock Codes or other registration
details via electronic or other means under any circumstances whatsoever without
the express permission of Virgo Software.
Title
The Software is protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties. The Software is licensed,
not sold and we will always remain the owner of all right, title and interest in
the Software.
License to Updates
Subject to your purchase of a License, you shall have a license to use any updates
of the Software that we make generally available for download. The update must be
used in the same installation as the original version licensed under the License.
All updates to the Software shall be governed by the then current version of this
license agreement at the time of your download of the update. Payment of the License
Fee shall not entitle you to upgrades (e.g., version 2.x) or separate products.
Archival or Backup Copies
You may copy the Software for back up and archival purposes, provided that the original
and each copy are kept in your possession and that your installation and use of
the Software does not exceed that allowed in the "License Grant" section above.
Restrictions
The Software is protected by United States copyright laws and international treaties.
You must treat the Software like any other copyrighted material, for example, a
book. You may not:
* copy the Software except to make archival or backup copies as provided above,
* modify or adapt the Software or merge it into another program,
* reverse engineer, disassemble, decompile or make any attempt to discover the source
code of the Software,
* place the Software onto a server so that it is accessible via a public network
such as the Internet, or
* sublicense, rent, lease or lend any portion of the Software except as described
in "Distribution" section below.
Distribution
You are hereby licensed to make as many copies of the installation package for the
Software as you wish; give exact copies of the original installation package for
the Software to anyone; and distribute the original installation package for the
Software in its unmodified form via electronic or other means. The Software must
be clearly identified as an evaluation version where described. You are specifically
prohibited from charging, or requesting donations, for any such copies, however
made; and from distributing the Software with other products (commercial or otherwise)
without prior written permission from Virgo Software. You are also prohibited from
distributing components of the Software other than the complete original installation
package.
Transfer of Rights
You may transfer all your rights to use the Software to another person or legal
entity provided you transfer this Agreement, the Software, including all copies,
updates and prior versions to such person or entity and that you retain no copies,
including copies stored on computer.
Refunds
Licensor does not give License Fee refunds. We have designed the 15 Days Free Evaluation
period so that you can confirm that the Software suits your needs.
Technical Support
Technical support is provided via email.
Limited Warranty
To the maximum extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY
IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM
ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF
TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless
of whether we know or had reason to know of your particular needs. No employee,
agent, dealer or distributor of ours is authorized to modify this limited warranty,
or to make any additional warranties.
WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION
OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitations of Remedy and Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL
OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, LOST OF SAVINGS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER
PECUNIARY LOSS) ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE OR FAILURE
TO PROVIDE SUPPORT SERVICES (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR FOR ANY CLAIM BY ANY OTHER
PARTY. IN ANY CASE, OUR ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL
BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Term and Termination
This license agreement takes effect upon your use of the software and remains effective
until terminated. You may terminate it at any time by destroying all copies of the
Software in your possession. It will also automatically terminate if you fail to
comply with any term or condition of this license agreement. You agree on termination
of this license to destroy all copies of the Software in your possession.
Confidentiality
The Software contains trade secrets and proprietary know-how that belong to us and
it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF
THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT
ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR
TRADE SECRET RIGHTS.
General Provisions
1. This written license agreement is the exclusive agreement between you and us
concerning the Software and supersedes any prior purchase order, communication,
advertising or representation concerning the Software.
2. This license agreement may be modified only by a writing signed by you and us.