DO NOT USE OUR SOFTWARE UNTIL YOU HAVE CAREFULLY READ THIS AGREEMENT AND AGREE TO THE TERMS OF THIS LICENSE. BY USING THE ENCLOSED SOFTWARE, YOU ARE AGREEING TO THE TERMS OF THIS LICENSE.
The software license agreement for this program is included in this manual so you can read it before installing the program. INSTALLING THE PROGRAM OR USE OF THE MATERIALS ENCLOSED WILL CONSTITUTE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT. If you do not agree to the terms of this software license agreement, do not install the software and promptly return the package to the place of purchase for a full refund of all money that you paid for the product.
In return for purchasing a license to use the computer program known as "SubRosaSoft Software" and for purchasing documentation included in this package, you agree to the following terms and conditions:
1. License. The Software enclosed is licensed, not sold, to you by SubRosaSoft.com Inc for use under the terms of this software license. This non-exclusive license allows you to:
i. Use SubRosaSoft Software only on a SINGLE computer at any one time. You may only use the SubRosaSoft Software and only on drives physically connected to that single CPU.
ii. Only use the Software to monitor systems on a SINGLE computer that is used by you.
iii. Make one copy of Software in machine-readable form, provided that such copy is used only for backup purposes and the copyright notice is reproduced on the backup copy.
iv. Transfer Software and all rights under this license to another party together with a copy of this license and all documentation accompanying the Software, provided the other party agrees to accept the terms and conditions of this license.
As a licensee, you own the media on which the Software is originally recorded. The Software is copyrighted by SubRosaSoft.com Inc and proprietary to SubRosaSoft.com Inc, and SubRosaSoft.com Inc retains title and ownership of the Software and all copies of the Software.
This license is not a sale of Software or any copy. You agree to hold Software in confidence and to take all reasonable steps to prevent disclosure.
2. Restrictions. You may NOT distribute copies of this Software to others or electronically transfer Software from one computer to another over a network or via modem. The Software contains trade secrets that are wholly owned by SubRosaSoft.com Inc. You may NOT decompile, reverse engineer, translate, disassemble or otherwise reduce the Software to a human understandable format. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, RESELL FOR PROFIT, DISTRIBUTE, NETWORK, OR CREATE DERIVATIVE WORKS BASED UPON THIS SOFTWARE OR ANY PART THEREOF.
3. Termination. This license is effective until terminated. This license will terminate immediately without any notice from SubRosaSoft.com Inc if you fail to comply with any of its provisions. Upon termination you must destroy the Software and all copies thereof. You may terminate this license at any time by destroying the Software and all copies thereof.
4. Export Law Assurances. You agree and certify that neither the Software nor the documentation will be transferred or re-exported, directly or indirectly, into any country where such transfer or export is prohibited by the relevant governmental parties and regulations there under or will be used for any purpose prohibited by relevant government parties.
5. Warranty Disclaimer, Limitation of Damages and Remedies.
SubRosaSoft.com Inc makes no warranty or representation, either expressed or implied, regarding the merchantability, quality, functionality, performance, or fitness of the compact disc, diskettes, manual or the information provided.
This Software and manual are licensed "AS IS." It is solely the responsibility of the consumer to determine the Software's suitability for a particular purpose or use. SubRosaSoft.com Inc and anyone else who has been involved in the creation, production, delivery or support of the Software, will in no event be liable for direct, indirect, special, consequential or incidental damages resulting from any defect, error or omission in the compact disc, diskettes, manual or Software or from any other events including, but not limited to, any interruption of service, loss of business, loss of profits or good will, legal action or any other consequential damages. The user assumes all responsibility arising from the use of this Software. SubRosaSoft.com Inc's liability for damages to you or others will in no event exceed the total amount paid by you for this Software. In particular, SubRosaSoft.com Inc shall have no liability for any data or programs stored by or used with SubRosaSoft.com Inc's Software, including the costs of recovering such data or programs. SubRosaSoft.com Inc will be neither responsible nor liable for any illegal use of its' Software. SubRosaSoft.com Inc reserves the right to make corrections or improvements to the information provided and to the related Software at any time, without notice.
SubRosaSoft.com Inc will replace or repair defective distribution media or documentation at no charge, provided you return the item to be replaced with proof of purchase to SubRosaSoft.com Inc during the 30-day period after purchase. ALL IMPLIED WARRANTIES ON THE MEDIA AND DOCUMENTATION, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF THE ORIGINAL RETAIL PURCHASE OF THIS PRODUCT. The warranty and remedies set forth above are exclusive and in lieu of all others, oral or written, expressed or implied. No SubRosaSoft.com Inc dealer, representative, agent, or employee is authorized to make any modification, extension, or addition to this warranty. Some States do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from State to State.
6. Government End-Users. If you are a Government end-user, this license of the Software conveys only "RESTRICTED RIGHTS". This Software was developed at private expense, and no part of it was developed with government funds. The Software is a trade secret of SubRosaSoft.com Inc for all purposes of the Freedom of Information Act, and is "commercial computer software" subject to limited utilization as provided in the contract between the vendor and the governmental entity, and in all respects is proprietary data belonging solely to SubRosaSoft.com Inc. Government personnel using the Software, are hereby on notice that the use of this Software is subject to restrictions that are the same as, or similar to, those specified above.
7. General. This license will be construed under the laws of the state of California, except for that body of law dealing with conflicts of laws, if obtained in the United States, or the laws of jurisdiction where obtained if obtained outside the United States. If any provision of this license is held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this license will remain in full force and effect.
Complete Agreement. This license constitutes the entire agreement between the parties with respect to the use of the Software and related documentation and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.