DW -Pro 9200 Series, Operation Instructions Manual

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DIGITAL WATCHDOG END-USER SOFTWARE LICENSE AGREEMENT
Version 1.0, June 2001
IMPORTANT: Read this before using any commercial software available from Kaltech Enterprises
This document (“License”) is a legal agreement between you (an individual or business) and Kaltech Enterprises Inc (“Kaltech Enterprises”).
Use of the enclosed or downloaded software indicates your acceptance of these terms. As used in this License Agreement, the term
“SOFTWARE” means the software included on the CD, via download or disk media provided with this License Agreement. The term
“SOFTWARE” does not include any software that is covered by a separate license offered or granted by a person other than Kaltech
Enterprises and this License does not grant any rights in such software.
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE. The
SOFTWARE is licensed, not sold.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, EITHER DESTROY, OR RETURN INTACT, THE SOFTWARE PACKAGE,
CONTAINING THE CD OR DISK MEDIA, TOGETHER WITH THE OTHER COMPONENTS OF THE PRODUCT TO THE PLACE OF
PURCHASE FOR A REFUND OF THE PURCHASE PRICE.
1. PROPRIETARY RIGHTS. The SOFTWARE, HARDWARE and any associated documentation are proprietary products of Kaltech
Enterprises or its licensors. And are protected under U.S. and European copyright, trademark, patent and trade secret laws and
international treaty provisions. Sole ownership of the SOFTWARE, HARDWARE and all copies, modifications, translations, and
merged portions thereof shall at all times remain with Kaltech Enterprises or its licensors.
2. GRANT OF LICENSE AND TERM. The SOFTWARE and accompanying documentation are being licensed to you. This means you
have the right to use the SOFTWARE only in accordance with this license agreement. The SOFTWARE is considered in use on a
computer when it is loaded into temporary memory or installed into permanent memory. This license may not be assigned or otherwise
transferred without prior written consent from Kaltech Enterprises, and any unauthorized transfer makes the license null and void.
a. LICENSING
i. PERSONAL LICENSE AND COMPUTER-SPECIFIC LICENSE FOR THE SERVER SOFTWARE. You the End User are authorized to
use the server software on NO MORE THAN the number of DW-Pro computers for which you have purchased licenses. All copies of
the SOFTWARE must include the Kaltech Enterprises copyright, confidentiality, trademark and patent notices. This License is personal
to you. You may not sublicense, lease, sell or otherwise transfer the Software or any of the accompanying documentation to any other
person. You may use the Software only for your own personal use if you are an individual or for your own internal business purposes if
you are a business. Each permitted copy of the SOFTWARE may be used only in connection with a hard drive(s) that is (are)
permanently connected to ONE specific DW-Pro computer (either a stand-alone computer or a computer connected to a network)
owned or leased by you. If the SOFTWARE is made available on a network, only ONE specific DW-Pro computer may access it. Once
the SOFTWARE has been accessed, by ONE specific computer, it may not be used on any additional computers without acquiring
additional licenses from Kaltech Enterprises.
ii. PERSONAL LICENSE AND COMPUTER-SPECIFIC LICENSE FOR THE CLIENT SOFTWARE. You the End User are authorized to
use the client software on NO MORE THAN 30 computers. All copies of the SOFTWARE must include the Kaltech Enterprises
copyright, confidentiality, trademark and patent notices. This License is personal to you. You may not sublicense, lease, sell or
otherwise transfer the Software or any of the accompanying documentation to any other person. You may use the Software only for
your own personal use if you are an individual or for your own internal business purposes if you are a business. Each permitted copy of
the SOFTWARE may be used only in connection with a hard drive(s) that is (are) permanently connected to ONE specific DW-Pro
computer (either a stand-alone computer or a computer connected to a network) owned or leased by you. If the SOFTWARE is made
available on a network, only ONE specific DW-Pro computer may access it. Once the SOFTWARE has been accessed, by ONE
specific computer, it may not be used on any additional computers without acquiring additional licenses from Kaltech Enterprises.
b. SERVER USE. To the extent that the applicable product invoicing or packaging sets forth, you may use the SOFTWARE on a Client
Device or as a server (“Server”) within a multi-user or networked environment (“Server Use”) for either (i) connecting, directly or
indirectly, to not more than the maximum number of specified Client Devices, or (ii) deploying not more than the maximum number of
agents (pollers) specified for deployment. If the applicable product invoicing or packaging does not specify a maximum number of
Client Devices, or pollers, this is a single product use license subject to subsection (a) above. A separate license is required for each
Client Device or “seat” that may connect the SOFTWARE at any time, regardless of whether such licensed Client 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 Client 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 Client 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. This license authorizes you to make or download one copy of the Documentation for each Client Device
or seat that is licensed, provided that each such copy contains all the proprietary notices for the Documentation.
c. VOLUME USE.
If the SOFTWARE is licensed with volume use terms specified in the applicable product invoicing or packaging, you
may make, use and install as many additional copies of the SOFTWARE on the number of Client Devices as the volume use terms
authorize. You must have a reasonable mechanism in place to ensure that the number of Client Devices on which the SOFTWARE has
been installed does not exceed the number of licenses you have obtained. This license authorizes you to make or download one copy
of the Documentation for each additional copy authorized by the volume license, provided that each such copy contains all of the
proprietary notices for the Documentation.
d. STORAGE/NETWORK USE. You may also store or install a copy of the SOFTWARE on a storage device, such as a network server,
used only to install or run the SOFTWARE on your other computers over an internal network; however, you must acquire and dedicate
a license for each separate computer on which the SOFTWARE is installed or run form the storage device. A license for the
SOFTWARE may not be shared or used concurrently on different computers.