DGard Network Manager 2010.2

EULA - End User License Agreement

DGard Network Manager License - Evaluation Version

This license only applies to the evaluation version of DGard Network Manager.

DGard Network Manager License Evaluation Version

Your Agreement to this License
This License only applies to the executable code for the English-language version of the DGard Network Manager software and any accompanying distributable files, data and materials ("DGard Network Manager"). You should carefully read the following terms and conditions before using, installing, copying, distributing, or transmitting this software. By using, installing, copying, distributing, or transmitting DGard Network Manager without registering your copy of DGard Network Manager, you agree to all of the terms of this evaluation license agreement ("License"). Refer to www.dgard.com for information about pricing, multi-user licensing, and registration options.
All registered copies of DGard Network Manager allow access to DGard Network Managers software features. For a complete description of DGard Network Managers features, refer to www.dgard.com.
Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not use, install, copy, distribute, or transmit DGard Network Manager.

Scope of License
This is not free software. Subject to the terms below, you are hereby licensed by Data Garden Technologies LLC ("Data Garden Technologies") to use for evaluation purposes only one (1) copy of DGard Network Manager, on one (1) computer or workstation, without charge, for a period of 30 days after you first install DGard Network Manager on any computer or workstation. If you want to use this software after the 30-day evaluation period, you must acquire from Data Garden Technologies for a fee a single-user license or multi-user license for DGard Network Manager. Refer to www.dgard.com for information about license pricing, multi-user licensing, and ordering options. Use of DGard Network Manager after the expiration of the 30-day evaluation period without acquiring such a license from Data Garden Technologies is outside the scope of this License and a violation of U.S. and international copyright laws.
Subject to all of the terms of this License, you may, without making any payment to Data Garden Technologies:
a. give exact copies of DGard Network Manager personally and without charge of any kind to anyone for evaluation purposes only, subject to the terms of this License, using tangible media of any kind or via e-mail (but not in a bulk mailing or through unsolicited bulk e-mails);
b. distribute exact copies of DGard Network Manager for evaluation purposes only, subject to the terms of this License, if done exclusively by allowing downloads through the public Internet and without charge of any kind; and
c. make as many exact copies of DGard Network Manager as you wish, for purposes of distribution as described in (a) and (b) above.
For purposes of the foregoing, an "exact copy" of DGard Network Manager means a file that is identical, at the time you create the copy, to the DGard Network Manager distribution file available at www.dgard.com.
You are specifically prohibited from charging, or requesting donations, for any distributed copies, however made, or from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from Data Garden Technologies. Also, you are specifically prohibited from charging, or requesting donations, for providing access to any hyperlink or other method that allows a user to create or transfer electronically copies of DGard Network Manager.
Data Garden Technologies reserves the right to revoke any or all distribution rights at any time, for any or no reason.
All rights of any kind in DGard Network Manager which are not expressly granted in this License are entirely and exclusively reserved to and by Data Garden Technologies. You may use DGard Network Manager solely as expressly provided in this License. DGard Network Manager is protected by the United States copyright laws and other applicable national and international laws and treaties. You may not rent, lease, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, DGard Network Manager, in whole or in part, nor permit anyone else to do so. You may not make access to DGard Network Manager available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of DGard Network Manager.
DGard Network Manager includes a user selectable feature to check for software updates. By selecting the option to check for updates automatically, or manually invoking the feature, you are consenting to allow Data Garden Technologies to download and install updated non-executable files (such as screen files) to your computer without further notice. Before DGard Network Manager downloads and installs any updated executable files, DGard Network Manager will request your express consent.

Warranty Disclaimers and Liability Limitations
DGard Network Manager, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither Data Garden Technologies nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, DGard Network Manager. Neither Data Garden Technologies nor any of its affiliates or licensors warrants that the operation of DGard Network Manager will be uninterrupted or error-free, or that the use of any passwords and/or encryption features will be effective in preventing the unintentional disclosure of information contained in any file. You acknowledge that good data processing procedure dictates that any program, including DGard Network Manager, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of DGard Network Manager covered by this License. This disclaimer of warranty constitutes an essential part of this License.
Except to the extent expressly prohibited by applicable statutes, Data Garden Technologies, its affiliates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use, DGard Network Manager. Any liability of Data Garden Technologies, its affiliates or licensors will be limited exclusively to refund of any license or registration fee paid to Data Garden Technologies. Except to the extent expressly prohibited by applicable statutes, in no event shall Data Garden Technologies, or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of DGard Network Manager, or to your relationship with Data Garden Technologies, its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages.
In addition, in no event does Data Garden Technologies authorize you or anyone else to use DGard Network Manager in applications or systems where DGard Network Managers failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at your own risk, and you agree to hold Data Garden Technologies, its affiliates or licensors harmless from any and all claims or losses relating to such unauthorized use.

U.S. Government End Users
DGard Network Manager is a "commercial item" as that term is defined at 48 C.F.R. 2.101. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire DGard Network Manager and any related documentation with only those rights set forth in this License.

Export Restrictions
DGard Network Manager is subject to certain export restrictions of the United States Government. If you are (a) in a country to which export from the United States is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then you may not install, download, access, use, or license DGard Network Manager. By accepting this License, you warrant and represent to Data Garden Technologies that (1) you do not match the criteria set forth in (a), (b), or (c) above, (2) that you will not export or re-export DGard Network Manager to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither the United States Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges.

Termination
Immediately upon expiration of the 30-day evaluation period for the license granted hereunder, you shall immediately discontinue any and all use of DGard Network Manager and you shall within ten (10) days delete from your computer(s) all electronic copies of DGard Network Manager, including all or any part thereof. All provisions of this License that by their nature are intended to survive the expiration of the license granted hereunder shall survive and remain in full force and effect.

Indemnification
At your own expense, you shall indemnify, defend, and hold harmless Data Garden Technologies, its affiliates and licensors, and their directors, officers, trustees, shareholders, employees, agents, successors and assigns from and against any and all claims, expenses, losses, damages, costs, liabilities and judgments, including without limitation reasonable attorneys fees and expenses, arising out of or relating to any claim resulting from or related to: (i) any use by you of DGard Network Manager other than as expressly allowed by this License or in a manner inconsistent with any accompanying documentation; (ii) any breach of this License by you; or (iii) any violation of applicable law by you, your directors, officers, trustees, shareholders, employees, subsidiaries, agents, successors and assigns.

General
DGard Network Manager, including, without limitation, the information included in its accompanying distributable files, data and materials and any related activation code and registration code files or information, and the know-how embodied in DGard Network Manager, is confidential and trade secret information (the "Proprietary Information") that is proprietary to and solely owned or licensed by Data Garden Technologies, together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit of Data Garden Technologies and its licensors. You shall not sell, license, publish, display, distribute, disclose, or otherwise make available or allow to be made available the Proprietary Information, including, without limitation, any activation codes or registration code files, to any third party nor use such Proprietary Information except as authorized by this License. The obligations under this paragraph shall survive any termination or cancellation of the License.
This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements.
This License shall be governed by the laws of the State of Indiana, without regard to Indiana choice-of-law rules. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in the State of Indiana, and you consent to such jurisdiction and venue.
There are no third-party beneficiaries of any promises, obligations, or representations made by Data Garden Technologies herein.
Any waiver by Data Garden Technologies of any violation of this License by you shall not constitute, nor contribute to, a waiver by Data Garden Technologies of any other or future violation by you of the same provision, or any other provision, of this License.
You acknowledge and agree that monetary damages alone would not be an adequate remedy in the event of a material breach by you of your obligations or agreements under this License and that, in such event, Data Garden Technologies or any of its affiliates shall be entitled to injunctive relief to require you to comply with its obligations hereunder. Any remedy available under this License shall be cumulative and not exclusive of any other remedy available Data Garden Technologies or any of its affiliates under this License, at law or in equity.
If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby.
Copyright© 2009 Data Garden Technologies LLC. All rights reserved.
Version: dg 2009.10.5.e