iReasoning Free Rust SNMP Agent License Agreement

PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING OR USING THE PRODUCT, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT.

Licensed Product: iReasoning Free Rust SNMP Agent

For purposes of this Agreement, “you” means the individual or legal entity that installs or uses the Product. If you install or use the Product on behalf of an organization, “you” means that organization, and you represent that you have authority to accept this Agreement on its behalf.

1. License Grant

iDeskCentric Inc. (“iReasoning”) grants you a non-exclusive, non-transferable, royalty-free license to install and use the executable form of the Product for personal, educational, governmental, nonprofit, and commercial purposes, including production network monitoring.

No purchase or license fee is required for such use.

If you are an organization, you may permit your employees and contractors to install and use the Product solely on your behalf and for your authorized purposes, provided that their use complies with this Agreement. You are responsible for their compliance with this Agreement.

2. Ownership

The Product is licensed, not sold. iReasoning and its licensors retain all ownership, copyright, trademark, and other intellectual-property rights in the Product.

No rights are granted to you except those expressly stated in this Agreement or granted under an applicable third-party license as described in Section 4.

3. Restrictions

Except where applicable law expressly permits otherwise, you may not:

a. modify, adapt, translate, or create derivative works of the Product;

b. reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or non-public internal protocols of the Product;

c. sell, rent, lease, sublicense, redistribute, transfer, or otherwise provide copies of the Product or any portion of it to another person or organization;

d. make the Product available to a third party as a hosted service, service-bureau offering, or other service in which the third party obtains access to or use of the Product;

e. remove, obscure, or alter any copyright, trademark, license, or other proprietary notice contained in the Product; or

f. use iReasoning’s names, logos, trademarks, or other marks to endorse or promote another product or service without iReasoning’s prior written permission.

You may make a reasonable number of backup copies solely for your own licensed use.

Nothing in this Section restricts rights that applicable law or an applicable third-party license expressly grants to you notwithstanding these restrictions.

4. Third-Party Components

The Product may include third-party software, libraries, or other components that are subject to separate license terms.

Applicable third-party notices and license terms are provided with the Product. Those terms apply solely to the applicable third-party components.

To the extent of any conflict between this Agreement and an applicable third-party license, the third-party license controls with respect to the applicable third-party component.

Nothing in this Agreement is intended to restrict any rights granted to you under an applicable third-party license.

5. Support, Updates, and Availability

The Product is provided free of charge.

This Agreement does not entitle you to technical support, maintenance, updates, upgrades, enhancements, or continued availability of the Product.

iReasoning may modify, update, suspend, or discontinue the Product or any related service at any time.

6. Disclaimer of Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, OR UNINTERRUPTED OPERATION.

YOU ARE RESPONSIBLE FOR EVALUATING AND TESTING THE PRODUCT BEFORE DEPLOYMENT AND FOR THE SECURITY, CONFIGURATION, BACKUP, AND OPERATION OF YOUR SYSTEMS AND NETWORKS.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IREASONING AND ITS LICENSORS, SUPPLIERS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO THE PRODUCT OR THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IREASONING’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE PRODUCT OR THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU PAID TO IREASONING FOR THE PRODUCT. BECAUSE THIS PRODUCT IS PROVIDED FREE OF CHARGE, THAT AMOUNT IS ZERO.

NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

Some jurisdictions do not allow certain warranty exclusions or limitations of liability. Accordingly, some of the exclusions or limitations in Sections 6 and 7 may not apply to you.

8. Export and Legal Compliance

You must comply with all applicable export-control, sanctions, import, privacy, data-protection, security, and other laws and regulations governing your possession or use of the Product.

You may not use, export, re-export, transfer, or make the Product available in violation of applicable export-control or sanctions laws.

9. Term and Termination

This Agreement remains effective until terminated.

Your license terminates automatically if you materially breach this Agreement.

Upon termination, you must stop using the Product and destroy all copies of the Product in your possession or control, except to the extent retention is required by applicable law.

Sections that by their nature should survive termination, including Sections 2, 4, 6, 7, and 10, will survive termination.

10. General

This Agreement constitutes the complete agreement between you and iReasoning concerning the Product and supersedes any prior or contemporaneous agreements or communications concerning the licensing of the Product.

This Agreement may be modified with respect to the version of the Product you have received only by a written agreement between you and iReasoning.

iReasoning may publish different or revised license terms for future versions of the Product. Such revised terms will not retroactively modify the license applicable to a version you already received unless you agree to the revised terms.

This Agreement is governed by the laws of the State of California, U.S.A., without regard to its conflict-of-law principles.

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law or, if necessary, limited or removed to the minimum extent necessary. The remaining provisions will remain in full force and effect.

A failure by either party to enforce any provision of this Agreement will not constitute a waiver of that provision or any other provision.

iDeskCentric Inc.
