Overseer Network Monitor End User License Agreement

END-USER LICENSE AGREEMENT
Overseer Network Monitor
©2003-2018 Sensible Software Solutions
All Rights Reserved


IMPORTANT READ CAREFULLY:
This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and THE AUTHOR for the software product identified above, which includes computer software and associated media and printed materials (if any), and may include online or electronic documentation (SOFTWARE PRODUCT or SOFTWARE). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this Agreement, you are not authorized to use the SOFTWARE PRODUCT.

Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE PRODUCT.

The SOFTWARE PRODUCT is licensed, not sold.

GRANT OF LICENSE
This EULA grants you the following rights:

USE AND COPY
You may install SOFTWARE PRODUCT on no more than one machine per valid license or as defined by purchased licenses. You may make other copies of the SOFTWARE PRODUCT for backup and archival purposes.

LICENSE TYPES
SOFTWARE PRODUCT and associated add-in components are licensed on a RUN-TIME basis, which means, that for each machine on which SOFTWARE PRODUCT is installed, a valid run-time license must exist. Software licenses are provided as unique registration codes and/or serial numbers used to remove time-out settings in the software.

An Overseer product license allows installation and execution of SOFTWARE PRODUCT on a single machine per license.

RESTRICTIONS
Unregistered versions (shareware licensed copies) of the SOFTWARE PRODUCT may be used for a period of not more than 30 days. After 30 days, you must either stop using the SOFTWARE PRODUCT, or purchase a legal registration key / serial number from Sensible Software or authorized reseller.

You must maintain all copyright notices on all copies of the SOFTWARE PRODUCT.

You may not sell copies of the SOFTWARE PRODUCT to third parties without express written consent of THE AUTHOR and under THE AUTHOR's instruction.

EVALUATION copies may distributed freely without charge so long as the SOFTWARE PRODUCT remains whole including but not limited to existing copyright notices, installation and setup utilities, help files, licensing agreement, run-time libraries, etc. and DOES NOT CONTAIN either valid serial numbers or illegal serial numbers. In executing such an act, or similar copyright or license violation, to the maximum extent permitted by applicable law you may be held liable for loss of revenue to THE AUTHOR or THE AUTHOR's representatives due to loss of sales or devaluation of the SOFTWARE PRODUCT or both.

You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

You may not rent or lease the SOFTWARE PRODUCT or the functionality of, or benefits derived from, the use of the SOFTWARE PRODUCTS, including but not limited to levy of a fee for system monitoring services using Overseer Network Monitor without the express written consent of the AUTHOR.

You may permanently transfer all of your rights under this EULA only in conjunction with a permanent transfer of your validly licensed copy of the product(s).

You must comply with all applicable laws regarding the use of the SOFTWARE PRODUCT.

You may not execute this software on more than ONE machine per valid license except as outlined under GRANT OF LICENSE - use and copy.

TERMINATION
THE AUTHOR may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT. No refund will be given.

COPYRIGHT.
All title and copyrights and intellectual property rights in and to the SOFTWARE PRODUCT and any copies thereof are owned by THE AUTHOR.

EXPORT RESTRICTIONS.
You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, entity or end user subject to U.S.A. export restrictions. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.

NO WARRANTY
ANY USE OF THE SOFTWARE PRODUCT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, MIS-USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.
THE AUTHOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS EULA SHALL NOT EXCEED ONE DOLLAR (US$1.00).

MISCELLANEOUS
The laws of the State of New York, U.S.A, govern this EULA. Should you have any questions concerning this EULA, or if you desire to contact THE AUTHOR for any reason, please send E-Mail to: sales@sensiblesoftware.com Or via US Mail to:

Sensible Software, Inc.
5956 Lanson Road
Ontario, NY 14519
http://www.sensiblesoftware.com/

Other marks mentioned in this document are the trademarks of their respective owners.