Terms of Use

• NiCE Active 365 Monitor for Azure (all versions)

This Software end user license agreement is a legal agreement between you and NiCE IT Management Solutions GmbH (NiCE).

It provides a license to use or evaluate the software and contains warranty information and liability disclaimers. By installing the software and using the Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this agreement. If you do not agree to be bound by these terms, then uninstall the Software from your computer.

1. Ownership
1. The license gives you limited right to use the Software. NiCE and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. All rights not specifically granted in this license agreement, including Federal and International Copyrights, are reserved by NiCE and its suppliers.


2. License Grants
1. You may install and use the Software solely on and for the machines or systems either (a) mentioned in the according quotation or invoice for this specific software-license or (b) for evaluation purposes. For all evaluation purposes you will run the Software solely by the evaluation licenses provided to you by NiCE, or by the instant-on licenses contained in the software itself. A license for the Software may not be shared, installed or used concurrently on different computers, machines or systems.
2. You may make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software.
3. You agree that NiCE may audit your use of the Software for compliance with these terms at any time, upon reasonable notice.
4. Your license rights under this license agreement are non-exclusive.
5. Certain rights are not granted under this Agreement, but may be available under a separate agreement.


3. License Restrictions
1. Other than as set forth in Section License Grants, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
2. You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
3. You may not sell, rent, lease, or sublicense the Software without written authorization of NiCE.
4. You may not modify the Software or create derivative works based upon the Software.
5. In the event that you fail to comply with this license-agreement, NiCE may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this license-agreement surviving any such termination).


4. Disclaimer
1. NiCE grants a 90 day warranty for the products to perform pursuant to the documentation. If the software is defective upon arrival, it can be returned.
2. NiCE makes no additional warranty of any kind with regard to the information and software provided by NiCE. The information and software are provided "as is". NiCE GmbH specifically disclaims the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of a third party's intellectual property. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.


5. Limitation of Liability
1. Unless the conditions of 5.2 apply, NiCE will not in any event be liable for any direct, indirect, special, incidental or consequential damages whatsoever (including lost profits, lost data, or business interruption) related to any use, reproduction, modification, or distribution of the software, information, documentation or links provided by NiCE, whether based on warranty, contract, trot or any other legal theory. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the limitation or exclusion may not apply to you.
2. NiCE may, under certain circumstances, be liable for direct damage caused by its products if, and only if, said damage can be shown to be related to normal use of the unmodified product correctly installed on a licensed system(s). In the event of a claim, the customer must provide within five (5) days appropriate and unambiguous proof that the alleged damage is directly related to the use of correctly installed software provided by NiCE. Direct damage is defined as: malfunction of the operating system hosting NiCE's products, malfunction of the objects managed (e.g. databases), data loss within managed objects.
3. To the extent NiCE is held legally liable to Customer, NiCE's total liability is limited to: damages for bodily injury; direct damages to tangible property or data up to a limit of EUR 500,000 or the amount paid to NiCE for the associated Software, whichever is less.
4. NiCE management products often allow in-depth activities on the objects managed. The customer has to make sure that such functionality is only applied by personnel with the proper education and experience is not liable for damage caused by inadvertent use of such critical action.


6. Service Interruptions
1. Customer understands and agrees that temporary interruptions of services provided by NiCE may occur from time to time as normal events. NiCE agrees to exercise reasonable care to prevent such occurrences. However, under no circumstances will NiCE be held liable for any financial or other damages due to such interruptions.