PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THE DATATAPSOLUTIONS SOFTWARE. BY USING THE DATATAPSOLUTIONS SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE A CORPORATION, PARTNERSHIP OR SIMILAR ENTITY, THEN THE SOFTWARE LICENSE GRANTED UNDER THIS AGREEMENT IS EXPRESSLY CONDITIONED UPON ACCEPTANCE BY A PERSON WHO IS AUTHORIZED TO SIGN FOR AND BIND THE ENTITY. IF YOU ARE NOT AUTHORIZED TO SIGN FOR AND BIND THE ENTITY OR DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE YOU MAY RETURN THE SOFTWARE OR HARDWARE CONTAINING THE SOFTWARE FOR A FULL REFUND TO YOUR PLACE OF PURCHASE.
1. General: The software and documentation, whether on disk, in flash memory, in read only memory, or on any other media or in any other form (collectively "DataTapSolutions Software") is licensed, not sold, to you by DataTapSolutions, LLC. ("DataTapSolutions") for use only under the terms of this Agreement, and DataTapSolutions reserves all rights not expressly granted to you. The rights granted are limited to DataTapSolutions's intellectual property rights in the DataTapSolutions Software and do not include any other patent or intellectual property rights. You own the media on which the Software is recorded but DataTapSolutions retains ownership of the Software itself. If you have not completed a purchase of the Software and made payment for the purchase, the Software may only be used for evaluation purposes and may not be used in any production capacity unless you are using a version of the software that is explicitly branded as Free. Furthermore the Software, when used for evaluation, may not be secure and may use publicly available passwords.
2. Permitted License Uses and Restrictions: If you have purchased a DataTapSolutions hardware product, this Agreement allows you to use the Software only on the single DataTapSolutions labeled hardware device on which the software was delivered. You may not make copies of the Software. You may not make a backup copy of the Software. If you have purchased a DataTapSolutions Virtual Machine you may use the software only in the licensed number of instances of the licensed sizes and you may not exceed the licensed capacities. You may make a reasonable number of backup copies of the Software. If you have purchased client software you may install the software only on the number of licensed clients. You may make a reasonable number of backup copies of the Software. For all purchases you may not modify or create derivative works of the Software except as provided by the Open Source Licenses included below. You may not make the Software available over a network where it could be utilized by multiple devices or copied. Unless otherwise expressly provided in the documentation, your use of the Software shall be limited to use on a single hardware chassis, on a single central processing unit, as applicable, or use on such greater number of chassis or central processing units as you may have paid DataTapSolutions the required license fee; and your use of the Software shall also be limited, as applicable and set forth in your purchase order or in DataTapSolutions' product catalog, user documentation, or web site, to a maximum number of (a) seats (i.e. users with access to install Software), (b) concurrent users, sessions, ports, and/or issued and outstanding IP addresses, and/or (c) central processing unit cycles or instructions per second. Your use of the Software shall also be limited by any other restrictions set forth in your purchase order or in DataTapSolutions' product catalog, user documentation or Web site for the Software.
3. License Usage: You may not transfer, rent, lease, lend, or sublicense the Software or allow a third party to do so. YOU MAY NOT OTHERWISE TRANSFER THE SOFTWARE OR ANY OF YOUR RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT. You agree that you will have no right and will not, nor will it assist others to: (i) make unauthorized copies of all or any portion of the Software; (ii) sell, sublicense, distribute, rent or lease the Software; (iii) use the Software on a service bureau, time sharing basis or other remote access system whereby third parties other than you can use or benefit from the use of the Software; (iv) disassemble, reverse engineer, modify, translate, alter, decompile or otherwise attempt to discern the source code of all or any portion of the Software; (v) utilize or run the Software on more computers than you have purchased license to; (vi) operate the Software in a fashion that exceeds the capacity or capabilities that were purchased by you.
4. Effective: THIS AGREEMENT SHALL BE EFFECTIVE UPON INSTALLATION OF THE SOFTWARE OR PRODUCT AND SHALL TERMINATE UPON THE EARLIER OF: (A) YOUR FAILURE TO COMPLY WITH ANY TERM OF THIS AGREEMENT OR (B) RETURN, DESTRUCTION OR DELETION OF ALL COPIES OF THE SOFTWARE IN YOUR POSSESSION. Rights of DataTapSolutions and your obligations shall survive any termination of this Agreement. Upon termination of this Agreement by DataTapSolutions, You shall certify in writing to DataTapSolutions that all copies of the Software have been destroyed or deleted from any of your computer libraries, storage devices, or any other location.
5. Termination and Fair Use Policy: DATATAPSOLUTIONS SHALL HAVE THE ABSOLUTE AND UNILATERAL RIGHT AT ITS SOLE DISCRETION TO DENY USE OF, OR ACCESS TO DATATAPSOLUTIONS SOFTWARE, IF YOU ARE DEEMED BY DATATAPSOLUTIONS TO BE USING THE SOFTWARE IN A MANNER NOT REASONABLY INTENDED BY DATATAPSOLUTIONS OR IN VIOLATION OF ANY LAW.
6. Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DATATAPSOLUTIONS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR ABILITY TO USE OR INABILITY TO USE THE DATATAPSOLUTIONS SOFTWARE HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF DATATAPSOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. In no event shall DataTapSolutions's total liability to you for all damages exceed the amount of one hundred dollars.
7. Content Restrictions: YOU MAY NOT (AND MAY NOT ALLOW A THIRD PARTY TO) COPY, REPRODUCE, CAPTURE, STORE, RETRANSMIT, DISTRIBUTE, OR BURN TO CD (OR ANY OTHER MEDIUM) ANY COPYRIGHTED CONTENT THAT YOU ACCESS OR RECEIVE THROUGH USE OF THE PRODUCT CONTAINING THE SOFTWARE. YOU ASSUME ALL RISK AND LIABILITY FOR ANY SUCH PROHIBITED USE OF COPYRIGHTED CONTENT. You agree not to publish any benchmarks, measurements, or reports on the product without DataTapSolutions' written express approval.
8. Third Party Software: Aspects of the Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are available when accessing the Software on the DataTapSolutions website, and your use of such material is governed by their respective terms.
9. Trademarks: Certain portions of the product and names used in this Agreement, the Software and the documentation may constitute trademarks of DataTapSolutions. You are not authorized to use any such trademarks for any purpose.
10. Export Restrictions: You may not export or re-export the Software without: (a) the prior written consent of DataTapSolutions, (b) complying with applicable export control laws, including, but not limited to, restrictions and regulations of the Department of Commerce or other United States agency or authority and the applicable EU directives, and (c) obtaining any necessary permits and licenses. In any event, you may not transfer or authorize the transfer of the Software to a prohibited territory or country or otherwise in violation of any applicable restrictions or regulations.
11. Jurisdiction: THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF TEXAS, USA WITH JURISDICTION OF DALLAS COUNTY, TEXAS, UNLESS YOUR HEADQUARTERS IS LOCATED IN SWITZERLAND, THE EU, OR JAPAN. IF YOUR HEADQUARTERS IS LOCATED IN SWITZERLAND THE SWISS MATERIAL LAW SHALL BE USED AND THE JURISDICTION SHALL BE ZURICH. IF YOUR HEADQUARTERS IS LOCATED IN THE EU, AUSTRIAN LAW SHALL BE USED AND JURISDICTION SHALL BE INNSBRUCK. IF YOUR HEADQUARTERS IS LOCATED IN JAPAN, JAPANESE LAW SHALL BE USED AND JURISDICTION SHALL BE TOKYO. THIS AGREEMENT WILL NOT BE SUBJECT TO ANY CONFLICT-OF-LAWS PRINCIPLES IN ANY JURISDICTION. THIS AGREEMENT WILL NOT BE GOVERNED BY THE U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALES OF GOODS. This Agreement is the entire agreement between You and DataTapSolutions regarding the subject matter herein and supersedes any other communications with respect to the Software. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will continue in full force and effect. Failure to prosecute a party's rights with respect to a default hereunder will not constitute a waiver of the right to enforce rights with respect to the same or any other breach.
12. Assignability: You may not assign any rights or obligations hereunder without prior written consent from DataTapSolutions.
13. Billing Issues: You must notify DataTapSolutions of any billing problems or discrepancies within sixty (60) days after they first appear on the statement you receive from your bank, Credit Card Company, other billing company or DataTapSolutions. If you do not bring such problems or discrepancies to DataTapSolutions attention within the sixty (60) day period, you agree that you waive the right to dispute such problems or discrepancies.
14. Collection of Data: If you are using DataTapSolutions cloud hosted solution, you agree to allow DataTapSolutions to collect information ("Statistics") from the Software in order to fight spam, virus, and other threats as well as optimize and monitor the Software. Information will be collected electronically and automatically. Statistics include, but are not limited to, the number of messages processed, the number of messages that are categorized as spam, the number of virus and types, IP addresses of the largest spam senders, the number of emails classified for Bayesian analysis, capacity and usage, websites not categorized, fingerprints of emails, and other statistics. Your data will be kept private and will only be reported in aggregate by DataTapSolutions.
15. Subscriptions: Software updates and subscription information provided by DataTapSolutions Energize Updates or other services may be necessary for the continued operation of the Software. You acknowledge that such a subscription may be necessary. Furthermore some functionality may only be available with additional subscription purchases. Obtaining Software updates on systems where no valid subscription has been purchased or obtaining functionality where subscription has not been purchased is strictly forbidden and in violation of this Agreement. All initial subscriptions commence at the time of activation and all renewals commence at the expiration of the previous valid subscription. Unless otherwise expressly provided in the documentation, you shall use the Energize Updates Service and other subscriptions solely as embedded in, for execution on, or (where the applicable documentation permits installation on non-DataTapSolutions equipment) for communication with DataTapSolutions equipment owned or leased by you. All subscriptions are non-transferrable. DataTapSolutions makes no warranty that subscriptions will continue un-interrupted. Subscription may be terminated without notice by DataTapSolutions for lack of full payment.
16. Auto Renewals: If your Software purchase is a time based license, includes software maintenance, or includes a subscription, you hereby agree to automatically renew this purchase when it expires unless you notify DataTapSolutions 15 days before the renewal date. DataTapSolutions will automatically bill you or charge you unless notified 15 days before the renewal date.
17. Time Base License: If your Software purchase is a time based license you expressly acknowledge that the Software will stop functioning at the time the license expires. You expressly indemnify and hold harmless DataTapSolutions for any and all damages that may occur because of this.
18. Support: Telephone, email and other forms of support will be provided to you if you have purchased a product that includes support. The hours of support vary based on country and the type of support purchased. DataTapSolutions Energize Updates typically include Basic support.
19. Changes: DataTapSolutions reserves the right at any time not to release or to discontinue release of any Software or Subscription and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of any future releases of the Software or Subscriptions.
20. Open Source Licensing: DataTapSolutions products may include programs that are covered by the GNU General Public License (GPL), Lesser General Public License (LGPL) or other Open Source license agreements, in particular the Linux operating system. It is expressly put on record that the Software does not constitute an edited version or further development of the operating system. These programs are copyrighted by their authors or other parties, and the authors and copyright holders disclaim any warranty for such programs. Other programs are copyright by DataTapSolutions. DataTapSolutions makes available the source code used to build DataTapSolutions products in accordance with the Open Source License Terms. Open Source software is governed by the terms of the Open Source license for the software, and not the proprietary terms contained herein.