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PCOPEN END-USER SOFTWARE LICENSE AGREEMENT
Version 1.0, June 2001
IMPORTANT:
Read this before using any commercial software available from PC Open, Inc.
This document (“License”) is a legal agreement between you (an individual or business) and PC Open, Inc (“PC Open”). 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 PC
Open 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
PC Open 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 PC Open 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 PC Open, 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
HDDR computers for which you have purchased licenses. All copies of the SOFTWARE must include
the PC Open 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 HDDR 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 HDDR 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 PC Open.
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 PC Open 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 HDDR 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 HDDR 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 PC Open.
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
