TheScarms
(tm)
AppSentinel License Agreement
TheScarms� AppSentinel Copyright � 2009 David Scarmozzino All Rights Reserved http://www.TheScarms.com/AppSentinel *** LICENSE AGREEMENT *** YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING OR USING APPSENTINEL, APPSENTINEL LITE, APPSENTINELTRIAL, APPSENTINELADMIN, APPSENTINEL CONTROL PANEL AND/OR ASSOCIATED DOCUMENTATION AND/OR ANY OTHER CONTENTS OF THE APPSENTINEL.ZIP FILE ("THE SOFTWARE"). USE OF THE SOFTWARE IS LICENSED BY DAVID SCARMOZZINO ("THESCARMS") TO YOU FOR YOUR USE ONLY AS SET FORTH BELOW UNLESS YOU HAVE A DIFFERENT LICENSE AGREEMENT SIGNED BY THESCARMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, DO NOT USE THE SOFTWARE AND WHEN APPLICABLE CLICK ON THE "REJECT" BUTTON TO EXIT THE SCREEN DISPLAYING THIS LICENSE AGREEMENT. USING ANY PART OF THE SOFTWARE OR WHEN APPLICABLE CLICKING ON THE "ACCEPT" BUTTON INDICATES THAT YOU UNDERSTAND, ACCEPT AND AGREE TO BE BOUND BY ALL OF THE FOLLOWING TERMS. 1. USE OF THE SOFTWARE (A) License to Use You are granted a non-exclusive and non-transferable license to install and internally use The Software. The Software may be copied internally as necessary in support of your use of The Software in developing your application ("Program"). You must reproduce and include all copyright notices and any other proprietary rights notices appearing on The Software on any copies that you make. (B) License to Distribute You are granted a royalty-free right to reproduce and distribute unlimited copies, including copies for commercial distribution, of the AppSentinel DLL ("AppSentinel") provided that you: (i) distribute AppSentinel complete and unmodified only as part of your application ("Program"); (ii) agree to incorporate the most current version of AppSentinel that was available 180 days prior to each production release of the Program; (iii) do not remove or alter any proprietary legends or notices contained in AppSentinel; (iv) include the provisions of paragraphs 2, 3, 5, 8, 9 in your license agreement for the Program; and (v) agree to indemnify, hold harmless, and defend TheScarms from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of the Program. (C) License Fee You will pay to TheScarms a one time non-refundable license fee of $69.95 US Dollars for AppSentinel Lite or $99.99 US Dollars for AppSentinel even if The Software subsequently does not suit your needs. (D) License Restrictions You are not permitted to rent, lease, loan, sell, distribute or sublicense The Software, except as set forth in paragraph 1B above, or to use the Software in any other unauthorized manner. You are not permitted to make AppSentinelAdmin or the Control Panel or the functionality of AppSentinelAdmin or the Control Panel or any other component of The Software available to the public by any means including the internet. No license is granted to you in the human readable code of The Software (source code). Except as provided below, this License Agreement does not grant you any rights to copyrights, trade secrets, or any other rights in respect to The Software. 2. NO ASSIGNMENT You may not transfer or assign The Software and/or this License Agreement to another party without the prior written consent of TheScarms. If such consent is given and you transfer or assign The Software and/or this License Agreement, then you must at the same time either transfer any copies of The Software to the same party or destroy any such materials not transferred. Except as set forth above, you may not transfer or assign The Software or your rights under this License Agreement. 3. NO REVERSE ENGINEERING Modification, reverse engineering, reverse compiling, disassembly, translating The Software, or attempting to derive the source code of The Software is expressly prohibited. Use of any enabling program that converts the free trial version of The Software to a paid (registered) version is expressly prohibited. 4. MAINTENANCE AND SUPPORT TheScarms has no obligation to provide maintenance, support, upgrades or enhancements for The Software under this License Agreement. 5. COPYRIGHT AND TRADE SECRETS The Software is owned by TheScarms and is protected by United States Copyright Law. You acknowledge and agree that the logic, structure, sequence and organization of The Software, encryption, machine ID generation and registration ID generation algorithms are the valuable trade secrets of TheScarms. You agree to hold such secrets in confidence. 6. TERM, TERMINATION AND SURVIVAL (A) This License Agreement will expire five (5) years from the date that you first purchase the Software, if it is not earlier terminated. (B) You may terminate this License Agreement at any time by destroying The Software together with all copies in any form. (C) This License Agreement will terminate immediately if you fail to comply with any of its terms or conditions. Upon such termination you agree to destroy The Software, together with all copies in any form. (D) The provisions set forth in paragraphs 2, 3, 5, 8, and 9 will survive termination or expiration of this License Agreement. 7. GOVERNING LAW This License Agreement shall be governed by the laws of the State of Connecticut, U.S.A. You agree that The Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. 8. NO WARRANTY THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND ALL RISK IS WITH YOU. THESCARMS MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO ANY MATTER WHATSOEVER. IN PARTICULAR, ANY AND ALL WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. FURTHER, THESCARMS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE IS FREE OF ERRORS OR VIRUSES, THAT THE SOFTWARE FUNCTIONS AS ADVERTISED OR THAT THE SOFTWARE IS SUITABLE FOR YOUR INTENDED USE. 9. LIMITATION OF LIABILITY IN NO EVENT SHALL THESCARMS OR ANY SUPPLIER OF THE SOFTWARE BE LIABLE TO YOU OR ANY OTHER PARTY FOR AN AMOUNT GREATER THAN THE PURCHASE PRICE OF THIS SOFTWARE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA OR DATA BEING RENDERED INACCURATE, LOSS OF PROFITS OR REVENUE, OR INTERRUPTION OF BUSINESS IN ANY WAY ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF THESCARMS OR ANY SUPPLIER OF THE SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED BY ANY FAILURE OF THE SOLE AND EXCLUSIVE REMEDIES HEREUNDER. Some states do not allow the exclusion of implied warranties or the limitation of incidental or consequential damages for consumer products, so the above limitations and exclusions may not apply to you. This warranty gives you specific legal rights which may vary from state to state. 10. SEVERABILITY In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefore. 11. ENTIRE AGREEMENT This License Agreement sets forth the entire understanding and agreement between you and TheScarms, supersedes all prior agreements, whether written or oral, with respect to The Software and following your acceptance of this License Agreement by installing The Software or when applicable clicking on the "Accept" Button, will prevail over any conflicting or additional terms of any subsequent communications by or between the you and TheScarms. No modification to this License Agreement will be binding, unless in writing and signed by you and TheScarms.
TheScarms
(tm)
AppSentinel
Copyright © David Scarmozzino
All Rights Reserved