IMPORTANT -- READ CAREFULLY:
This End User License Agreement (“Agreement”) is a legal agreement between you (an entity or a person) and Attachmate Corporation, a Micro Focus Company (“Licensor”) with respect to the software, together with its included documentation, that you are receiving, accessing or installing, and that constitutes a whole or partial copy of a product named above (the "Software"). Unless you have entered into a separate license agreement with Licensor, you accept and agree to be bound by this Agreement by (i) selecting the "accept" or "yes" option when an on-line process prompts you to accept this Agreement, or (ii) by installing, copying, downloading, accessing or otherwise using the Software. If you do not agree to the terms of this Agreement, Licensor is unwilling to license the Software to you. In such event: (i) you may not install, access or copy the Software, and you should promptly destroy any whole or partial copies of the Software in your possession; and (ii) you may receive a full refund by contacting your Software vendor within 30 days from your date of purchase to obtain instructions for return.
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. Unless you have acquired the Software from Licensor or Licensor’s agent on an evaluation basis, any license granted by this Agreement relies on your license certificate(s) from Licensor, or your single-copy purchase documentation, identifying the software product and version, license type, unit count, and licensed person or entity. No rights are conveyed to you by your mere possession of a copy of this Agreement, the Software, or any access codes or keys enabling the Software. Any third-party software that is provided with the Software and that is associated with a separate license agreement is licensed to you under the terms of that license agreement (“Third Party Terms”), as referenced from the “General Information” section at the foot of this Agreement.
A. COMPLIMENTARY AND TIME-LIMITED EVALUATION SOFTWARE. If the Software is provided to you as a "Complimentary" or "Comp" copy, then you may use a single copy of the Software for demonstration, test, or evaluation purposes only. If the Software is provided to you as an "Evaluation" copy, then you may install and use a reasonable number of copies of the Software for the Evaluation Period only, solely for evaluation and test purposes and not for production use. The "Evaluation Period" extends from your first installation of the Software to the earlier of (i) the date when the Evaluation version automatically ceases to function, or (ii) one hundred twenty (120) days after your first installation. At the end of the Evaluation Period, your license to the Evaluation Software is automatically terminated, and you must destroy all copies and partial copies of the Evaluation Software. Any data migrated or extracted from production data sources, or any software created, through your use of Complimentary or Evaluation software, may be used only for the limited purposes set forth in this sub- paragraph A, and must be destroyed upon termination of your Complimentary or Evaluation license.
B. MAINTENANCE-ENTITLEMENT UPGRADE. If you received the Software as an entitlement under a Licensor support or maintenance program with regard to software previously licensed to you (“Prior Software”), then this paragraph applies to you. You may use the Software to replace your licensed unit count of the Prior Software on a one-for-one basis, such that the total number of Software and Prior Software units does not exceed the authorized licensed unit count for the Prior Software. Upon your first such replacement of Prior Software, this Agreement shall govern any surviving units of Prior Software for as long as such units survive, except that the product use rights terms of the original Prior Software license shall override the corresponding Product Use Rights terms of this Agreement. If you are not yet ready to deploy the Software, you may retain a copy of it for future use in accordance with the terms of this Agreement.
C. OTHER UPGRADES OR REPLACEMENTS. If your license certificate characterizes the Software as an upgrade or migration from or competitive trade-in of other software previously licensed to you ("Subject Software"), then this paragraph applies to you. You must comply with any special instructions accompanying your license transaction for the Software, and you must destroy the Subject Software when you deploy the Software unless such accompanying instructions direct otherwise.
D. VERSION RIGHTS AND AUTHORIZED ALTERNATIVES. This Agreement is specific to the Software (by product and version) that it accompanies, and you may not re-allocate your Software licensed unit count to another product or version except under express written permission from Licensor. Unless such permissions are granted in the Product Use Rights Appendix, they must be obtained via a separate written "Authorized Alternatives" agreement, which Licensor may elect to publish at www.attachmate.com/info/alternatives or may otherwise make available to you.
E. LIMITED USE RESTRICTIONS. If you acquired the Software subject to limited-use restrictions (e.g., limited use of certain functionality or options) established in separate documentation between you and Licensor, or if you acquired the Software as a modification to or replacement of prior software which is so restricted, then (i) notwithstanding any terms to the contrary in the Product Use Rights Appendix, you may only install, access or use the Software in such limited manner and (ii) in interpreting the Product Use Rights Appendix, you must apply the restrictions in the broadest possible manner.
A. RESERVATION OF RIGHTS. Licensor reserves all rights not expressly granted under this Agreement.
B. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, DISASSEMBLY, AND CIRCUMVENTION. The Software and its structure, sequence and organization are valuable trade secrets belonging to Licensor and its suppliers, and you agree to hold such trade secrets in confidence. You may not reverse engineer, decrypt, decompile, or disassemble the Software, or otherwise attempt to derive a source code form of the Software, whether in whole or in part, or circumvent any of the protections of the Software, except and only to the extent that such activity is required to be permitted by applicable law, and in such case only after first providing Licensor reasonable written notice and the opportunity to assist with and/or conduct such activity on your behalf. Any source code that you do legitimately discover may be used solely for the purpose of enabling your exercise of the rights granted to you under this Agreement.
C. COPIES. You may not copy the Software, or any portion thereof, except as allowed by the applicable Product Use Rights and except to make one copy for institutional backup or archival purposes. Any such backup or archival copy must not be installed except as part of a recovery event. You must include all copyright notices and other proprietary rights legends on each copy of the Software.
D. SEPARATION OF COMPONENTS. Regardless of whether the Software is delivered to you as one integrated package, or as a collection of modules and components, it is licensed as a single product, whose component parts (i) may not, under a single licensed unit, be separated for installation or use on more than one computer, except in accordance with the applicable Product Use Rights and the Software documentation and (ii) may not be operated in a manner that exposes the component functionalities for general-purpose use beyond the scope of the Software as represented in the Software documentation.
E. RENTAL AND HOSTING. You may not rent, lease, sell, sublicense or lend the Software. You may not use the Software to provide commercial hosting services.
F. TRANSFER. You may not transfer the Software or assign your rights or obligations under this Agreement (including an assignment or any other transfer by operation of law) to any person or entity without the prior written consent of Licensor.
G. PERFORMANCE DISCLOSURE. You shall not disclose the results of any performance, functionality or other evaluation or benchmarking of the Software to any third party without Licensor's prior written consent.
H. LANGUAGE VERSIONS. If the Software as provided to you includes more than one language version of the same software product, you may use any of the language versions, and each deployment of any language version will consume a licensed unit.
I. NOTE ON JAVA SUPPORT. If the Software product you acquired contains programs written in Java, you acknowledge that the Software is not designed or licensed for use in on-line control equipment in hazardous environments, such as operation of nuclear facilities, aircraft navigation or control, or direct life-support machines. You warrant that you will not use the Software for such purposes.
A. Implement internal safeguards to prevent any unauthorized copying, distribution, installation, use of, or access to, the Software;
B. Keep records sufficient to certify your compliance with this Agreement (including any Product Use Rights Appendix, if any), and, upon request of Licensor, provide and certify metrics and/or reports based upon such records and account for both numbers of copies (by product and version) and network architectures as they may reasonably relate to your licensing and deployment of the Software; and
C. Allow a Licensor representative or an independent auditor ("Auditor") to inspect and audit your or your contractor’s, computers and records, during your normal business hours, for compliance with the licensing terms for Licensor’s software products. Upon Licensor’s and Auditor’s presentation of their signed written confidentiality statement form to safeguard your confidential information, you shall fully cooperate with such audit and provide any necessary assistance and access to records and computers. If an audit reveals that you have or at any time have had unlicensed installation, use of, or access to the Software, you will within 30 days, purchase sufficient licenses and associated maintenance to cover the volume and time period of any shortfall without benefit of any otherwise applicable discount. If a material license shortfall of 5% or more is found, you must reimburse Licensor for the costs incurred in the audit.
LIMITED WARRANTY. For a period of ninety (90) days from the date Licensor first delivers the Software to you, Licensor warrants that (a) the unmodified Software will perform substantially in accordance with its included documentation when used as directed and (b) Licensor media and electronic delivery packages will be free of physical and electronic defects. Any implied warranties are limited to the 90-day period. This Limited Warranty is void if failure of the Software has resulted from modification, accident, abuse, or misapplication. This Limited Warranty does not apply to any Complimentary or Evaluation versions of the Software, which are provided “AS IS” with no warranty whatsoever.
YOUR EXCLUSIVE REMEDY. The entire liability of Licensor and its suppliers and your exclusive remedy arising from a breach of the limited warranty is, at Licensor’s option, either repair or replacement of the nonconforming Software, or return of the price you paid for the nonconforming Software. To be entitled to this remedy you must return all nonconforming Software to Licensor, along with your proof of purchase, within the warranty period. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Licensor are available without proof of your purchase from an authorized international source.
NO OTHER WARRANTIES. TO THE FULL EXTENT PERMITTED BY LAW, LICENSOR AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, 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 SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL SUPPORT.
LIMITATION OF LIABILITY. LICENSOR AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL SUPPORT, EVEN IF LICENSOR OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF LICENSOR AND ITS SUPPLIERS UNDER THIS AGREEMENT AND LIMITED WARRANTY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR TECHNICAL SUPPORT THAT CAUSES THE DAMAGE.
PRODUCT: Host Access Analyzer 1.0 (“HAA”)
“Device” means an addressable entity, physical or virtual, including but not limited to server, PC, laptops, handheld device on which License Software components reside for interrogation and asset tracking.
“HAA User” means a specific individual designated by Licensee to be able to access and use the Licensed Software from any addressable entity, physical or virtual, including but not limited to server, PC, laptops, handheld device.
“Host” means a mainframe, UNIX server, AS/400, UNISYS, or TANDEM machine.
“Implementation” means an installation of the software on a single Server or installed on a cluster of Servers which work together as a single installation of the software.
“Instance” means each Implementation of the application installed on a Server.
“Named User” means a specific individual designated by Licensee who has access to a Device.
“Server” means any designated computer system on which an Instance or Instances of the Licensed Software is installed.
“Term License to Use or Term LTU” means a software license to use (LTU) which indicates in its license description that the license is valid for a specific period of time such as One Month (1M), One Year (1Y) etc. Term LTU’s are not perpetual licenses. Once the specified period of time expires, Licensee must uninstall all copies of the License Software and its components from its production and non-production systems.