NetCart AB VisualCron End-User License Agreement
This VisualCron End-User License Agreement (this "Agreement") is dated as of the date specified in the Sales Order (the "Effective Date") by and between You ("Licensee") and NetCart AB ("Licensor").
"We", "us" and "our" refer to the NetCart AB company (with its initial development team and web site, http://www.visualcron.com).
This is a license, not a sales agreement, between you, the end-user and NetCart AB. "You" and "your" refer to any person or entity acquiring or using the Software, Documentation or any other item from visualcron.com ("VisualCron product" ) under the terms of this License Agreement, including any Affiliate, where "Affiliate" means any corporation or other legal entity that controls, is controlled by, or is under common control with You.
You may copy the VisualCron product for back-up, disaster recovery, testing and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the VisualCron product does not exceed what is allowed by this License Grant.
The activation code delivered to you is personal to you and cannot be disclosed to any other person other than as a transfer of all your rights as described below. The use of your activation code by anyone other than you will be deemed a willful violation of this license.
The VisualCron product is intellectual property of NetCart AB and is protected by Swedish copyright and patent laws, international treaty provisions, and applicable laws of the country in which it is being used. You agree to protect all copyright and other ownership interests of NetCart AB for all items in the VisualCron product supplied under this License Agreement. You agree that all copies of the items in the VisualCron product, reproduced for any reason by you, contain the same copyright notices, and other proprietary notices as appropriate, as appear on or in the original items delivered by NetCart AB.
NetCart AB retains title and ownership of the items in the VisualCron product, and all subsequent copies, regardless of the form or media in or on which the original and other copies may exist. Except as stated above, this License Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks or any other rights in respect to the items in the VisualCron product.
NetCart AB may transfer the ownership of the VisualCron product to another owner without prior notice at any time, subject to the terms of this Agreement.
NetCart AB guarantees it is the owner of VisualCron product and has the legal right to sell it.
This VisualCron product may be freely distributed by special agreements between NetCart AB and other parties. Links to the http://www.visualcron.com website are welcome.
Things You May Not Do
1.Copy the VisualCron product except to make archival, disaster recovery, testing or backup copies or as provided above;
2.Modify or adapt the Software or merge it into another program;
3.Reverse-engineer, disassemble, decompile or make any attempt to discover the source code of the Software;
4.Sell, sublicense, rent, lease or lend any portion of the VisualCron product to any third party;
5.Transfer the license to anyone
Documentation is provided online and by installation in PDF-format. Use Adobe Acrobat Reader to open the document. The Documentation can be changed anytime and therefore we recommend using the online documentation instead.
Update of the online Documentation is generally done with a new software release and as this is noted to our customers with a valid licence and/or registered users, this also indicates that the Documentation may be updated. See the specific release note for areas that are subject to the update.
Each VisualCron product has a trial period of 45 days. The trial period gives you a chance to fully test the software, for free. After the trial period has ended you will no longer be able to control the VisualCron Server through the VisualCron Client.
If the trial period has ended, there is no way of using future upgrades without ordering the full license. See Upgrade/Updates.
•The VisualCron support requires that the end-user has an active Maintenance License.
•The active Maintenance License is required on the Server in question that the support is related to.
•The support is limited to the employees of the end-user. Any third party, i.e. external or third party support or developers need to own at least one active Maintenance License in addition to the active Maintenance License(s) for the end user.
Version - End of life support
Each version is supported 1 year after release day. After that upgrade is recommended to keep up with all the technical changes that occur within a year. Release dates can be found here.
The activation key will lock the Software to the computer it is installed on. Once the activation key is used the code is consumed. This means that you only can activate once. Under limited circumstances, like the server has crashed, the activation key can be unlocked and consumed again. You may request to Move a license to another server. These operations (reset/transfer/move) require a) that you have an active Maintenance b) that the operation is manually approved by VisualCron staff (to avoid excessive use).
Notwithstanding anything herein, we represent and warrant that we will not include any Trojan horses, worms or other codes designed to disable the Software once installed pursuant to a full license.
Activation and deactivation of a license
Deactivation / Move a license requires that you have an active Maintenance.
License types and limitations
Single server licenses - can be installed in and moved but may not be used on more than one server at the same time. This is installation purpose; may it be test, development or production machine.
Site license - allows unlimited server installations within a single physical location (typically a data center).
Country license - allows unlimited server installations within a single country.
World license - allows unlimited server installations world wide.
For "unlimited" cloud installations it is up to discussion depending on usage, expected quantity and locations. The suggested solution may result in a specific agreement that results in 2 or more Site licenses, a Country license or a World license.
Updates with new functionality and bug fixes may be released anytime. You need a Maintenance pack license in order to upgrade to a newer version than was existing at purchase date. The Maintenance license also give you access to priority support. The Maintenance pack must be purchased at the same time as when you purchase the license or within 30 days.
If you find bugs, please report them on the contact web page.
Lifetime of VisualCron
The support is limited to the way using of the Software functions included in the VisualCron download. No products or commands, outside the VisualCron download, are supported. The support is limited to the product life cycle described in Upgrades/Updates.
Term and Termination
This license agreement takes effect upon your downloading or acquisition of the VisualCron product and remains effective until terminated. You may terminate it at any time by destroying all copies of the VisualCron product in your possession. This license agreement will terminate upon 30 days written notice if you fail to comply with any of its terms or conditions. You agree on termination of this license to destroy all copies of the VisualCron product in your possession.
The goal is to keep the VisualCron product "alive" and online as long as possible. The VisualCron product may cease to exist anytime without notice. All VisualCron product services like support, upgrades and unlocking will then also cease to exist. Notwithstanding anything herein to the contrary, in the event the VisualCron product ceases to exist with respect to support or availability, you shall retain all rights to use the product pursuant to the perpetual license set forth herein, except for the right to receive support, Upgrades or Updates.
VisualCron is a useful but also powerful tool. Any misuse can cause loss of data. The VisualCron product has no warranty of fitness, suitability for a particular purpose or satisfactory quality. The VisualCron product is provided to licensee "as is". NetCart AB is not responsible for any damage that may come through any use of the VisualCron product, except to the extent caused by our gross negligence or intentional misconduct.
This written license agreement is the exclusive agreement between you and us concerning the VisualCron product and supersedes any prior communication, advertising or representation concerning the VisualCron product.
This license agreement may be modified only by a writing signed by you and us.
In the event of litigation between you and us concerning the VisualCron product, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
Downloading and installing this Software indicates your acceptance of the foregoing agreement. If you choose to decline the foregoing agreement, you should not download or install the software.