This is a legal agreement between you (either an individual or an entity) ("Licensee") and Vyapin Software Systems Private Limited ("Vyapin"). By clicking on the "I Agree" button or by opening the sealed packet(s) or by installing, copying or otherwise using the Software, Licensee agrees to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, do the following:
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is Licensed, not sold.
"Software" is Virtualization Management Suite and / or its components. "Computer" is a Windows server/workstation where the Software is installed. "Domain" is a Active Directory domain.
If you have received or downloaded the evaluation version of the Software, you are licensed to use the Software during the stated trial period for evaluation or demonstration purposes only. If you intend to use this software after the evaluation period, you must to purchase a full license of the Software from Vyapin or an authorized Vyapin reseller.
If you have received a NOT-FOR-RESALE (NFR) LICENSE of the Software, you are licensed to use the Software for the stated time period solely for testing and demonstration purposes only. If you intend to use this software for commercial use or beyond the stated time period, you need to purchase a full registered license of the Software from Vyapin or an authorized Vyapin reseller.
Grant of License
Vyapin hereby grants to Licensee a non-exclusive, non-transferable License ("License"), without right of sublicense, to install and use, solely for Licensee's internal business purposes, the Software as per the License plan for which Licensee has purchased the License from Vyapin and/or an authorized Vyapin reseller. The Software and its components provided by Vyapin to Licensee herewith, including but not limited to any code, scripts, fonts, or other components thereof whether on disk, CD, in read-only memory, or on any other media and whether in object code or source code format and the related documentation are licensed to Licensee by Vyapin. This License allows Licensee to use the Software as specified herein and make one copy of the Software in machine-readable form for backup or archival purposes only. Licensee may make copies of the accompanying Documentation as reasonably required to allow Licensee's employees to use the Software in accordance with the License granted herein.
Licensee's use of the Software is restricted to the licensed number of Active Directory domains.
The Software and Documentation, and any copies, translations, compilations, partial copies, modifications, improvements, enhancements and updates are proprietary to Vyapin and/or its suppliers and contain copyrighted material, trade secrets and other proprietary material. Licensee may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. Licensee may not modify, rent, lease, loan, or create derivative works based upon the Software in whole or in part. Licensee shall not remove any proprietary notices from any part of the Software or Documentation.
The Software is owned by Vyapin and/or its suppliers and is protected by international copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.
Disclaimer of Warranty
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED.
The Licensee must assume the entire risk of using this Software. Vyapin does not warrant that use of this SOFTWARE will be uninterrupted or error free. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE IF APPLICABLE.
Vyapin shall not in any circumstances be liable for any damages whatsoever (including, without limitation, damages for loss of business, business interruption, loss of business information, confidential information or other direct, indirect or consequential loss) arising out of the use or inability to use or supply or non-supply of the Software and any other accompanying written materials.
Should you have any questions concerning this license, or if you desire to contact Vyapin for any reason, please contact Vyapin by electronic mail.