END-USER LICENSE AGREEMENT

sMonitor 4.3

Copyright (c) 1999-2014 by Alexander Yarovy. 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.

Single License. THE AUTHOR grants to you the right to use a validly licensed copy of the SOFTWARE PRODUCT. You may install and execute the SOFTWARE PRODUCT on no more than one computer per valid single license.

Multiple License. THE AUTHOR grants to you the right to use validly licensed copies of the SOFTWARE PRODUCT. You may install and execute the SOFTWARE PRODUCT on no more than the stipulated in a valid multiple license number of computers.

You may make other copies of the SOFTWARE PRODUCT for backup and archival purposes.



RESTRICTIONS

(Shareware - Unregistered Version)

Unregistered versions 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 validly licensed copy or purchase a legal registration key / serial-number.



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 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 no limited to levy of a fee for system monitoring services using the SOFTWARE PRODUCT 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.



REFUND POLICY

No refunds will be given after purchase of any SOFTWARE PRODUCT license. You must utilize the 30-day evaluation period to decide if the SOFTWARE PRODUCT meets your expectations and is compatible with your systems. If you purchase, you agree that the SOFTWARE PRODUCT meets your needs.



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.



COPYRIGHT

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



REGISTRATION KEY CODE COPYRIGHT NOTICE

The registration key received used to deactivate the time limiting trial period is NOT public. Any public display or public transfer of this key will be considered a direct and willingful violation of this EULA and 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 the SOFTWARE PRODUCT or both.



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 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 AND RELEASE OF LIABILITY

The SOFTWARE was provided to you at no charge and THE AUTHOR has included in this EULA terms that disclaim all warranties and liability for the SOFTWARE. To the full extent allowed by law, YOU HEREBY RELEASE THE AUTHOR AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE. If you do not wish to accept the SOFTWARE under the terms of this EULA, do not install the SOFTWARE. No refund will be made because the SOFTWARE was provided to you at no charge.



MISCELLANEOUS

Should you have any questions concerning this EULA, or if you desire to contact THE AUTHOR for any reason, please send E-Mail to: author@yarovy.com.