End User License Agreement (EULA)
Please read this agreement before using your copy of this NetSupport Software application. This is a legal agreement between you and NetSupport Limited. If you do not wish to be bound by the terms of this license agreement, you must not load, activate, or use the software.
TERM: Subject to termination under Termination Clause below the license shall be perpetual.
GRANT OF LICENSE: Subject to the payment of the applicable license fees, and subject to your abidance by the terms and conditions of this agreement, NetSupport Ltd hereby grants to you a non-exclusive, non-transferable right to use one copy of the specified version of the software which you have acquired.
USE: The software is licensed with volume use terms specified in the applicable order acknowledgement, product invoice, license certificate or product packaging. You may make, install and use as many additional copies of the software on the number of devices as the terms specify. You must have a reasonable mechanism in place to ensure that the number of devices on which the software has been installed does not exceed the number of licenses you have obtained.
SERVER USE: To the extent that the applicable order acknowledgement, product invoice, product packaging or license certificate sets forth, you may use the software on a device or on a Server within a multi-user or networked environment (“Server Use”). A separate license is required for each device or “seat” that may connect to the software at any time, regardless of whether such licensed devices or seats are connected to the software concurrently, or are actually using the software at any particular time. Your use of software or hardware that reduces the number of devices or seats that connect to and use the software directly or simultaneously (e.g., “multiplexing” or “pooling” software or hardware) does not reduce the number of licenses required. Specifically, you must have that number of licenses that would equal the number of distinct inputs to the multiplexing or pooling software or hardware “front end”). If the number of devices or seats that can connect to the software can exceed the number of licenses you have obtained, then you must have a reasonable mechanism in place to ensure that your use of the software does not exceed the use limits specified for the license you have obtained.
COPYRIGHT: This software is protected by international copyright laws. You may copy it only for backup purposes. The software is licensed to you, but not sold to you.
RESTRICTIONS: Neither you nor any reseller may rent, lease, sell licensed copies [on approval], or otherwise transfer the right to use this software to another person, except that you may sell or give away your original copy, as long as you do not keep any copies. The software may not be modified, disassembled, or reverse engineered except with the prior written consent of NetSupport Ltd.
LIMITED WARRANTY: NetSupport Ltd warrants that the software will perform substantially in accordance with the accompanying documentation for a period of ninety (90) days from the date of purchase. NetSupport’s entire liability and your exclusive remedy shall be either a) the replacement of the defective software or b) return of the price paid. This remedy shall be at NetSupport’s option and subject to proof of purchase from an authorised source.
Any implied warranties including any warranties of quality or fitness for a particular purpose are limited to the terms of the express warranties. NetSupport Ltd. shall not in any event be liable for loss of profits, data or information of any kind or for special, incidental, consequential, indirect, or other similar damages arising from any breach of these warranties or use of the software even if they have been advised of the possibility of such damages. Some countries do not allow the limitation or exclusion of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty does not affect your statutory rights, and you may have other rights that vary from country to country. In any event NetSupport’s maximum liability shall not exceed the price paid by the end-user / licensee.
TERMINATION: You may terminate this licence and this Agreement at any time by destroying the program and its documentation, together with any copies in any form.
NetSupport Ltd. may terminate this licence forthwith by notice in writing to you if you commit any serious breach of any term of this licence and (in the case of a breach capable of being remedied) shall have failed within 30 days after receipt of a request in writing from NetSupport Ltd. so to do, to remedy the breach (such request to contain a warning of NetSupport’s intention to terminate). Upon termination you will destroy or return to NetSupport Ltd the original and all copies of the software and will confirm in writing to NetSupport Ltd that this has been done.
SUPPORT: If you have a problem with the installation of the software you should in the first instance contact your supplier. You can separately purchase support and maintenance which will also cover the supply of enhancements and upgrades.
GOVERNING LAW: This agreement shall be governed by the laws of England.