MonitorPack License and Warranty
This End-User License Agreement (“EULA”) is a legal agreement between you (“you”) and TECK SYSTEM SOFT LLC for the software product MonitorPack(“Software”. By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, never sold, and ALL SOFTWARE IS PROVIDED “AS IS.”
If you have any questions or concerns regarding these Terms of Service or any other matter related to TECK SYSTEM SOFT LLC, you may contact us using the following details:
TECK SYSTEM SOFT LLC
2915 OGLETOWN RD, NEWARK, New Castle, DE, 19713
By using our software products you are automatically agreeing to and show that you have read and understood the terms and conditions contained within this Freeware Software License Agreement. This Freeware Software License Agreement is then effective while you use and continue to make use of these software products. If you do not agree with our Freeware Software License Agreement you must not use our software products – this Freeware Software License Agreement will then not apply to you. This Freeware Software License Agreement is subject to change without notice.
Freeware License Rights
Some Monitorpack producs are provided free of charge, Some services and other products are not free and must bought by subscriptions. Occasionally the copyright holder may post a request for a donation in support of this software. This type of request does not change the classification of this software as freeware. Freeware software may be used as many times as you like, for as long as you like. You may integrate in other applications, copy and distribute copies of this program provided that you keep all copyright notices and disclaimers of warranty intact. You must not charge money or fees for the software product to anyone. You may not modify or extend the freeware to compete with us or by doing so help third parties to compete with us, be it for free or being paid. The copyright holder reserves the right to reclassify this software as a non-freeware product at a later date (i.e. shareware, licensed royalty software, or public domain). Doing so will not modify the license agreement of previously distributed executables. You are allowed to incorporate the Software into proprietary programs.
Disclaimer of warranty on software
You expressly acknowledge and agree that use of the software is at your sole risk. The software is provided “as is” and without warranty of any kind and TECK SYSTEM SOFT LLC expressly disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. TECK SYSTEM SOFT LLC does not warrant that the functions contained in the software will meet your requirements, or that the operation of the software will be uninterrupted or error-free, or that defects in the software will be corrected. furthermore, TECK SYSTEM SOFT LLC does not warrant or make any representations regarding the use or the results of the use of the software or related documentation in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by TECK SYSTEM SOFT LLC or an authorized representative of TECK SYSTEM SOFT LLC’s shall create a warranty or in any way increase the scope of this warranty. Should the software prove defective, you (and not TECK SYSTEM SOFT LLC or authorized representatives of TECK SYSTEM SOFT LLC) assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The entire risk arising out of use or performance of the software remains with you.
Limitation of Liability
Under no circumstances, including negligence, shall TECK SYSTEM SOFT LLC or its suppliers be liable for any incidental, special, indirect or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of or relating to this license, even if TECK SYSTEM SOFT LLC has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of incidental or consequential damages so this limitation may not apply to you. In no event will any copyright holder be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the program (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the program to operate with any other programs). The entire risk arising out of use or performance of the software remains with you.
TECK SYSTEM SOFT LLC (“Licensor” or “Monitorpack”) grants to you (“Licensee”) a site non-exclusive, non-assignable, non-transferable limited license to use the Software on one machine (central processing unit) at one location until the date the limited license terminates pursuant to Section “Termination”of this License. Licensee shall not process the work products of a development group consisting of one or more individuals other than the Licensee. Licensee shall not permit others to use the Software for debugging, testing, obfuscation, deployment, or other purposes. Licensee shall not upload or download any Software to another central processing unit, nor shall Licensee network any Software for multi-station use. “Software” shall include any upgrades, modifications and new versions of the Software furnished, rent, or sold by Licensor to Licensee. This License is for the use of the Software in object code form only. Licensee may not redistribute the Software in whole or in part, either separately or included with a product, to any person or publicly accessible machine. Licensee agrees to take all reasonable precautions to secure the Software from distribution to any third party. Licensee shall not copy or duplicate the Software (in whole or in part). Licensee shall use the software only to support its own activities and shall not use the Software for the benefit of any third parties (other than its affiliated entities). In addition, each machine, computer, or distinct virtual machine using the Software within your organization must have acquired a separate and valid license. Licensee warrants that 1) there will be only one machine, computer or distinct virtual machine of the license and that machine, computer or distinct virtual machine will be identified to Monitorpack; and 2) the target machine is used primarily by the Licensee and is not a networked build machine. Monitorpack may be contacted at firstname.lastname@example.org if a different type of license is desired.
Technical support may be provided via e-mail and/or website postings. While every effort is made to provided timely technical support no guarantees whatsoever are implied that technical support will be provided or that technical support, when provided, will be accurate. The Software is basically unsupported and supplied on an as-is basis unless you have obtained a specific maintenance contract agreement with TECK SYSTEM SOFT LLC. For any question regarding MonitorPack partners, TECK SYSTEM SOFT will provide the official list of MonitorPack partners from a simple request from MonitorPack web site. Exclusively TECK SYSTEM SOFT LLC or its certified partners are allowed to charge fees and services for deployment, Technical support , product maintenance, setup, configuration or for any services that embed MonitorPack products. MonitorPack partners are exclusively selected and confirmed by TECK SYSTEM SOFT LLC. Any company or person who will charge any company or person for any services that embed MonitorPack products without official acceptance from TECK SYSTEM SOFT will immediately be exposed to lawsuits with claims for compensation. TECK SYSTEM SOFT LLC will require full refund of all illegally collected payments TECK SYSTEM SOFT can’t be held in any way responsible for any actions of third parties not expressly approved by TECK SYSTEM SOFT who have no legal authorization to act as official technical support on all MonitorPack products. Code distribution. You may not reverse engineer, decompile or disassemble the Software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation or unless given expressed permission.
The only way to terminate a Monitorpack Discovery license is to terminate its subscription through the personal web interface dedicated to this purpose at https://monitorpack.info/customer-dashboard or https://monitorpack.net/customer-dashboard. termination of the subscription will take effect on the next anniversary date of the current subscription. If the subscription corresponds to a monthly subscription the subscription will end the following month if the subscription corresponds to an annual subscription the subscription will end when the next annual subscription is renewed. In the event of a termination of the License for any reason or by any party, Licensee shall have no right to claim a refund for any sums paid by Licensee to Monitorpack. From and after the termination of the License for any reason or by any party, Licensee shall not use the Software for any purpose whatsoever and shall not disclose or use the Software (or any part thereof) in any fashion.
All right, title and interest in and to the Software (including the copyrights in the Software and including, but not limited to, any images, photographs, animations, video, audio, music, text and “applets” incorporated into the Software), the accompanying printed materials (if any), and any copies of the Software are owned by TECK SYSTEM SOFT LLC. The Software is protected by copyright laws and international treaty provisions. Except as permitted by applicable law and this License, you may not modify, rent, lease, loan, sublicense, or create derivative works from the Software. Any company names, logos, trademarks and product names mentioned or shown on associated website(s) or in software products may be copyright, trademarked or registered trademarked by their respective owners.
You acknowledge that this software is the intellectual property of the natural person of French nationality who submitted the program by deposit at Program protection agency the 25th July, 2003 InterDepositDigitalNumber.FR.001.300020.R.P.2003.000.10700 who accepts in these terms for remuneration to let the company Teck Systems soft LLC exploit this software. You agree to comply with all applicable international and national laws that apply to the Product, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. If it were established that if it appeared more advantageous from the software author and owner to request the handling of disputes in the face of French copyright legislation which would be more advantageous for him, you could not under any circumstances oppose this approach.
U.S. Government Restricted Rights
Use, duplication, or disclosure by the United States government is subject to the restrictions as set forth in the Rights in Technical Data and Computer Software Clauses in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19(c)(2) as applicable.
Governing Law/Jurisdiction and Venue
Any action related to this License will be governed either by the law of Delaware, controlling the American federal law or and/or simultaneously with the jurisdiction of the French courts and their respective rules of law. Jurisdictions may be simultaneously requested at the discretion of TECK SYSTEM SOFT LLC by its legal representative or by the software author and owner or his heirs as the owner of the copyright. The proper final venue for any action arising hereunder will be either solely the Delaware court or the French court as decided by the legal representatives of TECK SYSTEM SOFT LLC. The Licensee irrevocably consents and submits to the personal jurisdiction of the said Courts. The arbitration commission of the Program Protection Agency following article 6 of the APP code could also be part of the applicable jurisdiction as defender of the interests of the software author and owner, his heirs as well as those of TECK SYSTEM SOFT LLC.
If for any reason a court of competent jurisdiction finds any provision or portion of this EULA, to be unenforceable, the remainder of this EULA shall continue in full force and effect. This EULA constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless in writing and signed by TECK SYSTEM SOFT LLC.