• Windows    License: Bronshae License   Size: 61.91 MB
License Agreement:

End-User License Agreement for Bronshae LLC Software

 

IMPORTANT READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Bronshae LLC USA, for the Software that accompanies this EULA. An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.

 

1. DEFINITIONS

1.1. "Bronshae LLC" means Bronshae LLC, 3146 Secretariat Drive, Aurora, 

IL 60502, USA. 

1.2. "Software" means (a) all of the information with which this agreement is provided, including but not limited to (i) Bronshae LLC or third party software files and other computer information; (ii) related explanatory written materials and files ("Documentation"); and (b) any modified versions and copies of, and upgrades, updates and additions to, such information, provided to you by Bronshae LLC at any time, to the extent not provided under a separate agreement (collectively, "Updates").

1.4. "Demo Version" means a version of the Software, so identified, to be used only to review, demonstrate and evaluate the Software for a limited time period or limited extent. The Demo Version may have limited features and/or may cease operating after a predetermined amount of time due to an internal mechanism within the Demo Version. 

1.5. "Betatest-Version" means an ex ante-version of the Software, which is delivered before the final, generally available product offering. The Betatest-Version is published for the purpose of testing only and does not possess the level of performance and compatibility of a final, generally available product offering.

1.6 "Site" is defined as a single physical address, i.e. a building or group of buildings sharing the same postal address.

1.7 "Networked devices" is defined as devices where installation is impossible, i.e. routers, switches, wireless access points, and similar hardware.

 

 

2. GRANT OF LICENSE

Bronshae LLC grants you the following rights provided that you comply with all terms and conditions of this EULA: 

2.1. Installation and use: 

(a) install and use the Software only on computers that are based at a single Site for the period listed on the License.

(b) Software may be used to monitor Networked devices located at multiple Sites.

(c) If a preponderance of your business is in hosting computers or applications, i.e. an Internet Service Provider or Application Service Provider[1][2], then you may install and use the Software on computers at your Site[3], regardless of who owns the computers.[4]

(d) install and use a copy of the Demo Version on any number of your computers. 

2.2.License Grant for Documentation. The Documentation that accompanies the Software is licensed for internal, non-commercial reference purposes only.

2.3. Betatest-Version. Bronshae LLC desires that the Software is tested prior to the final, generally available product offering, and if you wish to serve as a Beta Test Site for such Software. Bronshae LLC may grant to you a non-exclusive, non-transferable license to use the Software on any of your compatible computers.

 

3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

3.1. License Term[5]. [6]Your right to use the Software is effective for [7]the period of time listed in your purchased license. The Demo Version can only be used for 15 days[8].  Bronshae LLC reserves the right to extend the Demo Version at any time on a case by case basis.[9]

3.2. Mandatory Activation. THERE ARE TECHNOLOGICAL MEASURES IN THIS SOFTWARE THAT ARE DESIGNED TO PREVENT UNLICENSED USE OF THE SOFTWARE. You may only be able to exercise your rights to the Software under this EULA under certain limitations (see 3.1) unless you activate your copy of the Software in the manner described in the licensing panel. You may also need to reactivate the Software if you modify your computer hardware or alter the Software. Bronshae LLC will use those measures to confirm you have a legally licensed copy of the Software. If you are not using a licensed copy of the Software, you are not allowed to install the Software or future Software updates.

As long as the Software is not activated it runs as a Demo Version (see 3.1). 

3.3. License Codes may be used, stored or copied only by the person or organization, which has licensed the Software, and solely for the purpose of using the Software within the terms and conditions of this Agreement. No person or organization is permitted to store or copy a License Code for any other purpose without written agreement from Bronshae LLC. The copyright of all License Codes remains vested in Bronshae LLC which reserves the right to withhold or withdraw authorization of use of all License Codes issued to a person or organization if there is reasonable evidence to indicate that the person or organization is involved in a breach of the terms of this document. 

3.4.Secrecy. As the owner of a License Code you are responsible for keeping this Code secret. If any third party gets access to your License Code due to willful or negligent act, you are liable for the damage that arises to Bronshae LLC. 

3.5. Reproduction. Except for backup and installation purposes the Software must not be reproduced on any type of media (including, but not limited to, CD-ROM, DVD or internet download) without formal approval from Bronshae LLC. 

3.6. Betatest-Version. In consideration for receiving a copy of the Software for testing, you agree to serve as a "Beta Test Site" for the Software. You will notify Bronshae LLC of all problems and ideas for enhancements that come to your attention during the period of this Agreement. Please address any notice required by this Agreement by mail to: demo@bronshae.com. Use is granted solely for Beta Site Testing and internal use. The general public shall not be able to access any aspects of the Betatest Version. Bronshae LLC reserves the right to cancel this Betatest-Version license agreement any time, without giving reasons. Cancelling a Betatest-Version license will at the latest take place by a final, generally available product offering. In case of cancelling this Betatest-License license agreement the Software and all copies shall be returned to Bronshae LLC or destroyed and Bronshae LLC shall be informed (via email: sales@bronshae.com) in writing about the destruction. [10][11]

3.7. Confirmation Betatest-Version. You confirm hereby that you provided a backup of your data medium prior to installation of the Software and that you are provided with necessary means for reinstallation and data restoration. 

 

4. RESERVATION OF RIGHTS AND OWNERSHIP

Bronshae LLC reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Bronshae LLC or its suppliers own the title, copyright, and other intellectual property rights in the Software. 

The Software is licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of Bronshae LLC. 

 

5. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY

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

 

6. NO RENTAL 

You may not rent, lease or lend this software. 

 

7. CONSENT TO USE OF DATA 

You agree that Bronshae LLC and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, to facilitate the provision of software updates, product support and other services to you (if any) related to the Bronshae LLC Software, and to verify compliance with the terms of this EULA. Bronshae LLC may use this information, as long as it is in a form that does not personally identify you, to improve products or to provide services or technologies to you. 

 

8. LINKS TO THIRD PARTY SITES

8.1. Bronshae LLC is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. Bronshae LLC is providing these links and access to third-party sites and services in its software to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by Bronshae LLC of the third-party site or service.

8.2.You notice and agree that Bronshae LLC is not responsible for any losses and damages that may occur to you, as a consequence of non-availability of such external Websites or sources or as consequence to your faith in completeness, accuracy or existence of any advertising, products or other material that exist on such Websites or are available by those.

 

 

9. ADDITIONAL SOFTWARE / SERVICES

9.1. All external connections/APIs/links/devices/services, etc. are delivered on an ÓAs-IsÓ and an ÒAs AvailableÓ basis. For product - releases/updates it is only possible for Bronshae LLC to test functionality of external connections/APIs/links/devices/services, etc. in Bronshae LLC- products up to the moment of each release/update. Bronshae LLC has no influence on suppliers of external connections/APIs/links/devices/services, etc., therefore Bronshae LLC is not liable for further, error-free, lingering or uninterrupted availability or provision of specific results of external connections/APIs/links/devices/services, etc. in Bronshae LLC-products, which are available in the moment when release/update is published. There is no obligation for Bronshae LLC to fix disruptions in case of unavailability of external connections/APIs/links/devices/services, etc. caused by external changes. In case an integrated, external Service or external link is cut off/no longer offered by provider, Bronshae LLC is neither liable nor does warrant. Bronshae LLC also is not liable for any content of integrated, external services or links.

9.2. This EULA also applies to updates, supplements, add-on components, or Internet- based service components, of the Software that Bronshae LLC may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms. Bronshae LLC reserves the right to discontinue on its sole discretion Internet-based services provided to you or made available to you through the use of the Software.

 

10. UPGRADES 

To use Software identified as an upgrade, you must first be licensed for the software identified by Bronshae LLC as eligible for the upgrade. After installing the upgrade, you may no longer use the original software that formed the basis for your upgrade eligibility, except as part of the upgraded software.

 

11. NOT FOR RESALE SOFTWARE

Software identified as "Not for Resale" or "NFR," may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation. 

 

12. EXPORT RESTRICTIONS

You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.

 

13. SEPARATION OF COMPONENTS

The Software is licensed as a single product. Its component parts may not be separated[12]. [14]

 

14. SOFTWARE TRANSFER 

14.1. Internal. You may transfer your copy of the Software to a different computer at your Site.[15]

 

15. TERMINATION

Without prejudice to any other rights, Bronshae LLC 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 and all of its component parts. 

 

16. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US

Bronshae LLC warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your state/jurisdiction and federal or state/ provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Software, including without limitation, any (if any) hot fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Bronshae LLC, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Bronshae LLC's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 19 ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Bronshae LLC's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at Bronshae LLC's option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Bronshae LLC with a copy of your receipt. You will receive the remedy elected by Bronshae LLC without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to Bronshae LLC). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Bronshae LLC will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Bronshae LLC's warranty remedy procedures. Outside the United States, neither these remedies nor any product support services offered by Bronshae LLC are available without proof of purchase from an authorized international source. To exercise your remedy, contact: Bronshae LLC (see 1.1) - Sales Department.

 

17. DISCLAIMER OF WARRANTIES

17.1. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Bronshae LLC and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

17.2. Betatest-Version. Betatest-Version software is a pre-release code and is not at the level of performance and compatibility of a final, generally available product offering. Betatest-Version software may not operate correctly and may be substantially modified prior to first commercial shipment, or withdrawn.

Betatest-Version software is provided "AS IS" without warranty of any kind. The entire risk arising out of the use or performance of Betatest-Version software remains with Licensee. In no event shall Bronshae LLC or system be liable for any damage whatsoever arising out of the use of or inability to use software, even if Bronshae LLC or system has been advised of the possibility of such damages.

 

18. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRONSHAE LLC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF BRONSHAE LLC OR ANY SUPPLIER, AND EVEN IF BRONSHAE LLC OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

19. LIMITATION OF LIABILITY AND REMEDIES

Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Bronshae LLC and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by Bronshae LLC with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software or US $5.00. The foregoing limitations, exclusions and disclaimers (including Sections 17, 18 and 19) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

 

20. APPLICABLE LAW

This EULA is governed by the laws of the Government of Illinois, USA.

 

21. ENTIRE AGREEMENT; SEVERABILITY

This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and Bronshae LLC relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Bronshae LLC policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

Should you have any questions concerning this EULA, or if you desire to contact Bronshae LLC for any reason, please contact Bronshae LLC (see 1.1) or visit Bronshae LLC on the World Wide Web at http://www.bronshae.com. 

 

22. TRADEMARKS

Bronshae and other trademarks contained in the Software are

trademarks or registered trademarks of Bronshae LLC in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademarks, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use Bronshae LLC's or its partners' names or any of their respective trademarks. All trademarks used with permission.

 

I accept the above conditions.