End User Licence Agreement (EULA)
This Licence Agreement (“Agreement”) between you and 3Ds (UK) Limited (“3Ds”) is for the associated computer software, downloaded and printed material (together the “Software”).
By downloading, installing, copying or in any way using the Software you (either an individual or a legal entity) agree with 3Ds to be bound by the terms of this Agreement. If you are employed and intend using the Software in conjunction with your job, you accept this licence agreement on behalf of your employer. By doing this, you agree that you have been authorised to accept such conditions on behalf of your employer. If you do not agree to the terms of this Agreement, you are not authorised to use the Software.
Types of Licence
The Software is licenced to you, not sold. The type of licence you purchase determines how you may use the software at run time. Each machine running the Software must have a valid licence, which is given to you on either an individual or company basis and is for the version of the Software purchased.
For Sentry-go Plus! components, the licence refers to the monitoring components installed.
- Per Server Licence
If you have purchased a licence for a given number of machines/servers, then you may install and run up to this number of copies of the Software on individual machines.
- Site Licence
If you have purchased a Site Licence, then you may install and run up any number of copies on your own machines/servers in any number of locations owned by you or your company.
You MAY ...
- use the Software for your internal business purposes;
- transfer the Software from computers under your control to other computers under your control provided you only run the licenced number
of copies (or less) of the Software;
- make up to one copy of the Software for back up purposes only, over and above the documented backup procedures for your computer(s) provided that you make a copy of all proprietary and copyright notices on and in the Software.
You MUST ...
- maintain an up-to-date record of the copies of the Software installed and their location.
Upon request by 3Ds, this record must be made available to 3Ds;
- notify 3Ds immediately you become aware of any unauthorised use of the whole or any part of the Software by any third party or end-users;
- take all reasonable steps to protect the confidentiality of, and any copyright or other intellectual property rights of 3Ds in, the Software.
You MAY NOT ...
- rent, lease, sub-license or loan the Software;
- use the software without a valid retail licence key being present;
- use more copies of the software than you are licenced to use;
- change any part of the software, written or the on-line
- give, transfer or sell any retail licence for use by any other company or organisation;
- transfer, either permanently or temporarily all of your rights under this Agreement to another person, company or organisation without obtaining the express written permission of 3Ds.
- use, deal in or reproduce the Software in any manner inconsistent with this Agreement and applicable law;
- alter, remove or obscure any proprietary or copyright notice on or in the Software;
- alter or remove any of the HTML text generated by the software;
- export the Software from any jurisdiction in whole or in part without any relevant government licence or permission;
- integrate this software with any other software without obtaining the express written permission of 3Ds.
Product evaluations & shareware
Copies of the Software provided by 3Ds for the purposes of evaluation, or Shareware versions of the product may be used up to a period of not more than 21 days. After this time,
you must either stop using the Software and uninstall it from your machine/server, or purchase the Software and update the temporary evaluation licence with a retail licence.
Such copies of the Software may be distributed without charge, provided they remain whole at all times and no licence numbers, either valid or illegal numbers are distributed with them. If such licences are distributed, then you may be held liable for loss of revenue to 3Ds and/or devaluation of the Software.
Some Sentry-go monitoring software licences also give you access to Sentry-go Solutions ("the site"), an on-line resource provided to Sentry-go customers to aid in the resolution of problems detected.
- Customers may be asked to provide their company name and licence key upon entry to the site;
- Sentry-go Solutions is provided "as is" - you use the information provided at your own risk;
- No guarantee is made as to the validity or accuracy of the information provided on the site or any external site linked to or from it;
- No guarantee is made that the site will be available;
- Access to the site is available to registered customers, or customers evaluating Sentry-go only;
- 3Ds reserves the right to withdraw the site or use of the site at any time without warning.
Copyright in the Software and the associated printed material is owned by, or licensed to, 3Ds. The Software is licensed to you, not sold. You agree that you will not alter, decompile, disassemble or reverse engineer all or part of the Software except to the extent expressly permitted by applicable law.
All copyright notices must be kept with all copies of the software while it is in your possession, installed on your machines/servers or not. This includes any copies of the software made for backup purposes.
You may not use the name, associated trademarks or logos to claim any sponsorship, endorsement, approval or affiliation with 3Ds by virtue of this Licence agreement.
The Software is not for resale. You may not sell copies of the Software to any other organisation without express written permission of 3Ds, or under 3Ds instruction.
This Agreement may be ended by you by destroying the Software and all copies. This Agreement will automatically end if you fail to comply with its terms.
3Ds may terminate this Agreement if you fail to comply with any of the terms and conditions of this Agreement.
In either case, you must destroy all copies of the Software from all machines and backup devices upon the termination of this Agreement.
You agree that the Software is downloaded, installed or run ‘as is’. 3Ds makes no warranty of any kind (whether express or implied) except as set out in this clause, including without limitation any warranty about the condition, merchantability or fitness for any purpose of the Software. 3Ds does not warrant that the Software will meet your requirements, that the operation of the
Software will be uninterrupted or error free, or that it will operate in conjunction with other software. If the Software proves defective, you assume the risk of, and entire cost of, all service, repair or correction to the Software and any equipment. 3Ds has no obligation to provide maintenance, upgrades, error correction, or notice of defects in relation to the Software.
You install and use the Software at your own risk. 3Ds will not be liable to you for indirect or consequential damages, loss of profit or anticipated savings, loss of business or management time arising in connection with the Software even if 3Ds has been notified of the possibility of that damage or loss.
3Ds shall not be liable for any breach of warranty which arises from ...
- the improper use, operation or neglect of the Software or the hardware upon which it is installed;
- any repair, adjustment, alteration or modification to the Software other than by 3Ds;
- the non-compatibility of the Software with
any other software not supplied by 3Ds to the Customer;
- the use of the Software for a purpose other than that for which it was designed.
The above statements do not affect any statutory rights you may have as a consumer.
Subject to the foregoing, all conditions, warranties, terms and undertakings, express or implied, statutory or otherwise, in respect of the supply of the Software and services are expressly excluded to the extent permissible by law.
In addition to the above ...
- You agree that 3Ds may retain all Registration data provided by you for its record-keeping purposes.
- By either downloading or installing the software, or by purchasing one or more licences for it, you agree that it meets your requirements and is fit for your purposes. Any refund given after this time is solely at the absolute discretion of 3Ds.
- If the Software is an upgrade to other software, or if you receive an upgrade to the Software, then the resulting software package is to be considered as one product which you hold
subject to the terms of this Agreement.
- Customer support, product updates and fixes are not provided under this licence agreement. However, 3Ds will reasonably respond at its absolute discretion during business hours to incident reports e-mailed by you to Support@Sentry-go.com.
- If any term of this Agreement is invalid or unenforceable for any reason, the invalidity will not affect the validity of the remaining terms of this Agreement and you agree that the parties will substitute for the invalid term a valid term that most closely implements the intent and effect of the invalid term.
- This Agreement constitutes the entire agreement between you and 3Ds with regard to the Software and other matters addressed above, and supersedes any other agreements or understandings between you and 3Ds, whether written or oral. No change to the written terms of this Agreement will be of any effect unless in writing signed by each party.
- This Agreement will be construed in accordance with and
governed by the laws in effect in England. The parties submit to the non-exclusive jurisdiction of the English courts.