Remote Connections Manager 1.0.0

EULA - End User License Agreement

END USER LICENSE AGREEMENT

Remote Connections Manager End User License Agreement

IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRES BY OR FOR AN ENTITY, A SINGLE LEGAL ENTITY) AND Jan Cinert - LightNETcom. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS, COPYING THE SOFTWARE, USING THIS SOFTWARE AND/OR CLICKING ON THE 'ACCEPT' BUTTON BELOW. IT PROVIDES A LICENSE TO USE THIS SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY DOWNLOADING OR INSTALLING THE SOFTWARE YOU ARE INDICATING YOUR ASSENT TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, DO NOT DOWNLOAD OR INSTALL THE SOFTWARE OR DISCONTINUE USE IMMEDIATELY AND DESTROY ALL COPIES.

1. DEFINITION

a) "Software" means the executable code of Remote Connections Manager and corresponding documentation, printed materials, online or electronic documentation.
b) "Named User" is an individual authorized by You to use the Software through the assignment of a single user ID, regardless of whether or not the individual is using the Software at any given time. A non-human operated device is counted as a Named User in addition to all individuals authorized to use the Software, if such device can access the Software.

2. LICENSE GRANTS

2.1 Trial Period License. You may download and use the Software for free for thirty (30) days after installation ("Trial Period"). During the Trial Period, Jan Cinert - LightNETcom grants You a limited, non-exclusive, non-transferable, non-renewable license to copy and use the Software for evaluation purposes only and not for any commercial use. At Jan Cinert - LightNETcom discretion, Jan Cinert - LightNETcom may provide limited support through email or discussion forums at Jan Cinert - LightNETcom web site. The evaluation copy of the Software contains a feature that will automatically disable the Software at the end of Trial Period. Jan Cinert - LightNETcom will have no liability to you if this feature disables the Software.

2.2 License After Trial Period. This Software is licensed, not sold. During Trial Period, You have the option of paying a license fee in order to use the Software after expiration of the Trial Period. Upon your payment of the license fee, Jan Cinert - LightNETcom provides you with a permanent registration number ("License key") and grants you a limited, non-exclusive, non-transferable license to:
a) use the Software on a Named User basis meaning specific individuals are authorized to access the Software and the total number of named users may not exceed the total number licensed by You.
b) copy the Software in machine-readable form solely for backup purposes.
If you do not pay the license fee before the Trial Period expires, the present License will be immediately terminated and you lose any right to the Software.

2.3 The Named User of the Software may install and use the Software on as many computers (including operating systems) as he or she likes.

2.4 Certain rights are not granted under this Agreement, but may be available under a separate agreement. If you would like to enter into a distribution agreement contact Jan Cinert - LightNETcom (support@lightnetcom.eu)

3. LICENSE RESTRICTIONS

3.1 You may not provide or make available by any means the License Key to any third party. You undertake to take such steps as are necessary in order to protect the License Key against unauthorized use.

3.2 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.

3.3 You may not sell, rent, lease, sublicense, transfer, resell for profit or otherwise distribute the Software or any part thereof.

3.4 You may not modify the Software or create derivative works based upon the Software.

3.5 You may not remove or obscure any copyright and trademark notices relating to the Software.

4. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

4.1 This Agreement gives you limited rights to use the Software. Jan Cinert - LightNETcom retain any and all rights, title and interest in and to the Software and all copies thereof, including copyrights, patents, trade secret rights, trademarks and other intellectual property rights. All rights not specifically granted in this Agreement, including International Copyrights, are reserved by Jan Cinert - LightNETcom. The structure, organization and code of the Software are valuable trade secrets and confidential information of Jan Cinert - LightNETcom.

5. LIMITED WARRANTIES

5.1 THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, EXCEPT AS PROVIDED IN SECTION 5.1, Jan Cinert - LightNETcom MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE. Jan Cinert - LightNETcom MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES. IN PARTICULAR, THE SOFTWARE IS NOT DESIGNED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE. Jan Cinert - LightNETcom EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR HIGH-RISK ACTIVITIES.

6. NO REFUND

6.1 Because the Software is provided free of charge during the Trial Period to allow potential customers to evaluate and test it before paying the license fee, Jan Cinert - LightNETcom enforces a strict no-refund policy. Please evaluate and test the Software carefully during the Trial Period. Once you pay the license fee, your payment is final and may not be reimbursed.

7. LIMITATION OF LIABILITY

7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Jan Cinert - LightNETcom OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF Jan Cinert - LightNETcom OR ANY SUPPLIER, AND EVEN IF Jan Cinert - LightNETcom OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, Jan Cinert - LightNETcom ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00.

8 HIGH RISK ACTIVITIES

8.1 The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Jan Cinert - LightNETcom and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

9. DURATION

9.1 This Agreement will terminate at the end of Trial Period unless You purchase an ongoing license by paying the license fee. In the event that You purchase an ongoing license prior to the end of the Trial Period, this Agreement shall remain in effect until terminated by either party. You may terminate the Agreement at any time by destroying all copies of the Software. Jan Cinert - LightNETcom may terminate the Agreement upon breach of your obligations under the present Agreement.

10. GENERAL

10.1 Jan Cinert - LightNETcom reserves the right at any time to cease the support of the Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.

10.2 If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected.

10.3 This Agreement is to be governed by and construed in accordance with the laws and jurisdiction of the defending party. Each party for itself and its property, hereby submits to the jurisdiction and venue of the defending party in relation to any claim or dispute that may arise with respect to this Agreement and any judgment that may be rendered in connection with any such claim or dispute. Service of process upon either party shall be valid if served by registered or certified mail, return receipt requested and to the most current address provided by such party. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

10.4 You may not assign this Agreement in whole or in part, without Jan Cinert - LightNETcom prior written consent. Any attempt by You to assign this Agreement without such consent will be null and void.

10.5 This Agreement contains the entire agreement between Jan Cinert - LightNETcom and You related to the software and supersedes all prior agreements and understandings, whether oral or written. All questions concerning this Agreement shall be directed to support@lightnetcom.eu