End User License Agreement (EULA)
Please read the license agreement carefully before installing or using Active Directory Pro software. You acknowledge that you have read this license agreement, have understood it and agree to be bound by its terms. If you do not agree to the terms and conditions of this agreement then do not install or use Active Directory Pro software products.
Subject to the terms of this Agreement, Active Directory Pro grants to Customer and Customer accepts from Active Directory Pro, a perpetual (unless otherwise set forth in an Order), non-exclusive, non-transferable (except as otherwise set forth herein) and non-sub licensable license (a) install, execute, access, run, or otherwise use the quantities of each item of Software identified in the applicable order within the parameters of the Product Terms associated with the applicable Product and License Type.
You agree that you will not (a) reproduce, modify, distribute, transfer, rent, disclose, or make available to any third party any portion of the SOFTWARE in any form; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the SOFTWARE; or (c) publish any performance or benchmark tests or analyses relating to the SOFTWARE or the use thereof. Decompiling the SOFTWARE is permitted to the extent the laws of the jurisdiction where you are located give you the right to do so to obtain information necessary to render the SOFTWARE interoperable with other SOFTWARE; provided that you first request such information from Active Directory Pro.
2. TRIAL AND EVALUATION LICENSE:
If the SOFTWARE you have installed is marked as a “TRIAL” or “EVALUATION,” you may use the SOFTWARE for evaluation purposes for a period of 15 days. After 15 days the SOFTWARE must be uninstalled. If you do not want to use the Software after the Evaluation Period, you agree to remove the software from your computer.
3. THIRD PARTY USAGE:
If customer contracts with a third party who performs Software implementation, configuration, consulting or outsourcing services (“Service Provider”), the Service Provider may use the Software and documentation licensed by Customer hereunder solely for purposes of providing such services to Customer, provided that (a) Customer ensures that the Service Provider uses the Software and Documentation in accordance with the terms of this Agreement, (b) the use of the Software and Documentation by the Service Provider will not violate the terms of the export restrictions set forth herein, and (c) the Service Provider is not an Active Directory Pro competitor. The customer shall be jointly and severally liable to Active Directory Pro for the acts and omissions of its Service Providers in connection with their permitted use of the Software and Documentation.
4. LIMITATION OF LIABILITY:
Active Directory Pro will not, under any circumstances, be responsible or liable for any loss of use, production, profit, business, contracts, revenues or anticipated savings, any loss of information, any loss of opportunity, goodwill or reputation, any loss of, damage to or corruption of data, any increase in operating costs, any product recall or corrective action costs or any other financial or economic loss or any indirect or consequential loss or damage whatsoever whether suffered by the End-User or by any third party. Active Directory Pro will not, under any circumstances be liable for any direct or indirect damages arising out of the use or inability to use the SOFTWARE, even if Active Directory Pro has been advised of the possibility of such damages.
Active Directory Pro considers the SOFTWARE and any technical information, evaluation or reports supplied to you to be proprietary, you agree to treat the SOFTWARE as confidential material. You agree not to permit any third party access to the SOFTWARE, manuals or documents generated by Active Directory Pro without Active Directory Pro’s advance written approval.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying or returning to Active Directory Pro all copies of the Licensed Software in your possession. Active Directory Pro may terminate this Agreement for any reason, including but not limited to your breach of any of the terms of this Agreement. Upon termination, you shall destroy or return to Active Directory Pro all copies of the Licensed Software and certify in writing that all know copies have been destroyed. All provisions relating to confidentiality, proprietary rights, non-disclosure, and limitation of liability shall survive the termination of this Agreement.