Licensing terms

Digitalk Real-Time Log Parser(RTLogparser) License Agreement By installing this program you are consenting to be bound by and are becoming a party to this Agreement. If you do not agree to all of the terms of this agreement, cancel the installation and delete the Digitalk Real-Time Log Parser installation Software. Digitalk Real-Time Log Parser LICENSE AGREEMENT GRANT OF LICENSE Vdgraaf LTD. ("Developer") hereby grants you a nonexclusive, non-assignable, and non-transferable license to use the Digitalk Real-Time Log Parser (as identified on a valid written or electronic purchase order, an VDGRAAF LTD invoice) ("Software") on a single computer. This license allows you to install the Software on one computer and to analyze the logs from one ore more Digitalk MSPs. You may analyze logs from Digitalk MSPs that operate within the organization or business for which the Software was originally purchased. Any report produced by the Software cannot be used, distributed or viewed outside of the organization or business that originally licensed the Software as part of a paid service without a separate license agreement signed by Developer. RESTRICTIONS You may not copy, modify, adapt, translate, reverse engineer, de-compile, or otherwise attempt to discover the source code of the Software, except as expressly permitted by the law in effect in the jurisdiction in which you are located. You may not permit other individuals to use the Software and resulting reports, analyses and data, modify, translate, reverse engineer, de-compile, (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; copy the Software (except for back-up purposes); rent, lease, or otherwise transfer rights to the Software; or remove any proprietary notices or labels on the Software or documentation. You may not transfer, lease, assign, sublicense, rent, share or distribute the Software or make it available for timesharing, service bureau or on-line use. EVALUATION VERSION In the event that the Software is an evaluation version, the terms of this Section shall apply. Your License to use the Software with your own data expires 30 days after installation unless otherwise extended by Developer.The method of restriction for the evaluation period, if any, is a trade secret of Developer and may not be published, disclosed or revealed. Developer is not obligated in any way to reveal or publish the components, files, code or methods used to enforce the evaluation period. You agree that you will not do anything to circumvent or defeat the features designed to stop the Software from operating after the evaluation period expires. TITLE Title, ownership rights, and intellectual property rights in and to the Software shall remain with Developer and/or its suppliers. The Software is protected by the copyright laws of Canada and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This License gives you no rights to such content. This Agreement does not convey to you an interest in or to the Software, but only grants you a limited right of use which may be revocable in accordance with the terms of this Agreement. DISCLAIMER OF WARRANTIES The Software is provided to you as is and there are no warranties, claims or representations made by Developer, either express, implied, or statutory, with respect to the Software, including warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance, or trade usage. The Developer does not warrant that the Software will meet your needs or be free from errors, or that the operations of the software will be uninterrupted. The Developer does not warrant the accuracy of the reports generated. The foregoing exclusions and disclaimers are an essential part of this Agreement and formed the basis for determining the price charged for the products. Some countries do not allow exclusion of an implied warranty, so this disclaimer may not apply to you. EXCLUSIVE REMEDY Developer's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to Developer for use of the Software. In no event shall Developer be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Developer has been advised of the possibility of such damages. EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES The Developer will not be liable to you or any third-party claimant for any indirect, special, punitive, consequential, or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if the Developer has been advised of the possibility of such damages. The exclusion contained in this paragraph shall apply regardless of the failure of the exclusive remedy provided in the foregoing paragraph. Some countries do not allow the limitation or exclusion of liability for incidental or consequential damages, so the limitations or exclusions in this and the foregoing paragraph may not apply to you. TERMINATION This License will terminate automatically if you fail to comply with any term hereof. No notice shall be required from Developer to effect such termination. You may also terminate this Agreement at any time by notifying Developer in writing of termination. On termination, you must destroy all copies of the Software. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement. MISCELLANEOUS This Agreement represents the complete agreement concerning this License between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under Canadian law as such law applies to agreements between Canadian residents entered into and to be performed within Canada. Audit Rights. Developer may, upon fifteen (30) days' advance notice and at its expense, conduct an annual audit, during your normal business hours, of your use of the Software and Documentation to verify compliance with this Agreement. You shall provide Developer with access to records, hardware and employees in order to perform the audit. "Documentation" means explanatory and informational materials concerning the Software, in printed or electronic format, which Developer has released for distribution to end users with the Software, including without limitation, manuals, descriptions, user and/or installation instructions, diagrams, printouts, listings, flowcharts and training materials, contained on visual media such as paper or photographic film, or on other physical storage media in machine-readable form. VDGRAAF Ltd. http://www.ntunix.net/rtlogparser/ 9 Richwood St North York, Ontario, M9N 3Y8 Canada