EVENTTRACKER SECURITY LLC SOFTWARE LICENSE TERMS
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.
BY USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE DECLINE (OR EQUIVALENT) BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE. IF YOU CLICK DECLINE, YOU MUST RETURN THE SOFTWARE LICENSE KEY(S) TO THE PLACE OF PURCHASE FOR A FULL REFUND AND/OR NOT DOWNLOAD OR USE THE SOFTWARE.
- Customer means the individual or entity identified in the Master Services Agreement (MSA). The Exhibits to the MSA: (i) identifies the EventTracker software to be licensed by Customer (the Software) and the Permitted Number of Sources, Permitted Number of Consoles, and Permitted Number of Collection Points (each defined below) on which Customer may use and install the Software; (ii) describes the nature and extent of any Software maintenance and support services to be provided by EventTracker; and (iii) sets forth the charges that Customer will pay for the Software.
- License Grant. Subject to the terms of this Agreement and provided that Customer has fully paid and/or remains current in payment of the License fees described in the applicable Exhibit, EventTracker Security, LLC (EventTracker) and its suppliers herby grant to Customer (including its affiliates, contractors, consultants, outsourcing vendors) a nonexclusive and nontransferable license (the License), to use for internal business, including evaluation purposes (the Software in object code form installed in a single location on up to a specified number of storage devices owned or leased by Customer, which maximum number of storage devices shall be specified in the Agreement by type as follows: (i) discrete, individual source devices (e.g., servers, network devices, laptops, workstations, PCs, databases, and applications) (the Permitted Number of Sources); and (ii) individual master console administrative computers (the Permitted Number of Consoles); and (iii) collection point computers (the Permitted Number of Collection Points).
- Customer may move the Software at any time to a different computer or device so long as Customer completely removes the Software from the former computer or device, and the total number of computers or devices does not at any time exceed the Permitted Number of Sources, Permitted Number of Consoles, and/or the Permitted Number of Collection Points. Customer may only use Software: (i) for so long as Customer has fully paid, or remains current in the payment of, the License fees (if any, as in the case of an evaluation copy), and (ii) for which Customer has received a Software License key ("License Key"). The Software is "in use" on a device when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g. hard drive, CD-ROM or other storage device) of that device, except that a copy installed on a network server for the sole purpose of distribution to other devices is not "in use."
- In connection with the License, EventTracker also grants to Customer the right to use, print, and copy the accompanying on-line read-me and help files regarding the use and customization of the Software (collectively, the "Documentation") as reasonably necessary to make use of the Software in accordance with the License. Customer may also make one (1) archival, backup copy of the Software and the Documentation provided Customer affixes to such copy all copyright, confidentiality, and proprietary notices that appear on the original.
- License Compliance. Customer will maintain accurate records of its use of the Software during the term of this Agreement.
- EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN PART, THE SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ENGINEER ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, ENCUMBER, LEND, OR CREATE DERIVATIVE WORKS OF, THE SOFTWARE. The copies of the Software provided to Customer under this Agreement are licensed, not sold, to Customer by EventTracker. EventTracker reserves all rights not expressly granted herein.
- Third Party Software/Open Source. The Software incorporates and utilizes the following third party software and/or plug-ins: Telerik Controls, SNMP, Crystal Reports, and PCRE. Customer acknowledges that its use of such third party software and/or plug-ins is required to make effective use of the Software and such use shall be governed by such third party's license agreement. The specific third party software and/or open sources are subject to change.
- Please note that portions of the Software may also contain third party notices and open source licenses from the global community of open source developers or other third parties that govern the use of those portions, and any License granted hereunder does not alter any rights and obligations Customer may have under such open source licenses, however, the disclaimer of warranty and limitation of damages provisions in this Agreement will apply to all Software in this distribution.
- Confidentiality/Ownership. Customer agrees that the Software, including the specific design and structure of individual programs, constitute trade secrets, intellectual property, and/or copyrighted material of EventTracker and is subject to the provisions of Section 9 of the Agreement (Confidentiality).
- All right, title and interest in and to the Software and the Documentation, and in all related copyrights, trade secrets, intellectual property and proprietary rights, shall remain solely with EventTracker. Customer agrees that it neither owns nor hereby acquires any claim or right of ownership to the Software, the Documentation, or to any related or subsisting patents, copyrights, trademarks or other intellectual property.
- Maintenance and Support. Included upon receipt of full and/or timely payment of the License fees for the Software (but not included with any Software provided for evaluation purposes), EventTracker may provide such user web-based training and an initial period of maintenance and support services as more fully described in the MSA. Maintenance and support services shall be provided to Customer beyond such initial period only for so long as Customer remains current in annual payments of the maintenance and support fees described in the applicable Exhibit. Maintenance and support services consist of Software updates, bug fixes and major and minor upgrades, and associated modifications to the Documentation, which are made available to Customer when EventTracker makes such modifications available generally to all its customers via download link on the support section of EventTracker's website at www.eventtracker.com. The terms and conditions of this Agreement and the License will apply to all Software updates, bug fixes, and upgrades provided to Customer at EventTracker's discretion, that replace and/or supplement the original Software, unless such update, fix, or upgrade contains a separate license.
- Additionally available as maintenance and support services are email and telephone support through EventTracker's Technical Services Department which are made available during the periods and for the locations as more fully described on the support section of EventTracker's website at www.eventtracker.com Email and telephone support are provided on a commercially reasonable efforts basis with a target response time of less than 24 hours from receipt of a support request. Customer's support request must include such information as EventTracker deems reasonably necessary to allow EventTracker to contact Customer and to identify and address the issue.
- EventTracker reserves the right to decline to provide maintenance and support services to Customer if Customer is in arrears of its payments for License fees or maintenance and support fees, or has failed to renew maintenance and support by making timely payment of the annual maintenance and support fee. Customer may reinstate maintenance and support services via payment of the maintenance and support fees not paid during the lapse.
- EventTracker does not provide support and maintenance to any Customer for Software provided for evaluation purposes only.
- Term and Termination. The License set forth herein is effective until the MSA, or the Exhibit under which the Software is provided, is terminated.
- Customer may terminate the License at any time by destroying all copies of the Software and Documentation.
- If the Software was provided solely for evaluation purposes, this Agreement and the License shall automatically terminate on close of business on the last day of the evaluation period described in the Agreement.
- Upon any termination of the Agreement or the Exhibit pursuant to which the Software was provided, Customer will cease all use of, and destroy (or permanently erase), all copies of the Software and the Documentation, and will confirm compliance in writing to EventTracker.
- Export Controls. All Software, Documentation, documents, technical data, and any other materials delivered under this Agreement may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such laws and regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import as may be required after delivery to Customer.
- SIEMphonic services. If selected, these services are delivered in accordance with the Terms of Service described at http://www.eventtracker.com/svcdesc
If you have any questions, you may contact:
EventTracker Security LLC
8815 Centre Park Drive
Suite 300
Columbia MD 21045
Phone: (410) 953-6776
Fax: (410) 953-6780
Email: sales@eventtracker.com
http://www.eventtracker.com
Copyright 1999-2017 EventTracker. All Rights Reserved.
Software License Terms. Revised January 2017.