NOTICE: THIS ASN LAB SOFTWARE PRODUCT, TOGETHER WITH ITS ACCOMPANYING DOCUMENTATION, (THE "RODUCT") IS THE PROPERTY OF ASN LAB. THE PRODUCT IS MADE AVAILABLE TO YOU, THE ORIGINAL PURCHASER, SUBJECT TO THE FOLLOWING LICENSE AGREEMENT ("LICENSE AGREEMENT"). PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING OR USING THE PRODUCT. A COPY OF THIS LICENSE IS AVAILABLE FOR YOUR FUTURE REFERENCE IN THE "LICENSE.HTML"FILE PROVIDED WITH THE PRODUCT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW, THEN YOU MAY NOT USE THE PRODUCT. ANY USE BY YOU OF THIS PRODUCT ALSO CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.
ASN Lab is only willing to grant you a license under this License Agreement if you obtained the Product from ASN Lab or a ASN Lab authorized distributor or reseller. If you obtained the Product from any other source you may not install or use the Product.
1.1 Licenses For each license that you acquire to use the Product, you will be provided with a License Certificate (a "License Certificate"), which may be either a certificate, the installation and licensing instructions, your invoice, or an activation file and which may be provided to you either with the Product media or separately by ASN Lab or its authorized distributors or resellers. The License Certificate will contain information specific to the Product, the type of license under which you may use the Product and the number of licenses that you have acquired. In order to activate and use the Product as set forth in this License Agreement, you must follow the instructions when prompted by the Product. The types of licenses you may acquire are an Evaluation License, a Named User License, all defined in this Section 1 of this License Agreement. Unless your License Certificate identifies your acquisition of another license type, you have acquired a Named User License. For more information on which license types, if any, should be included with the Product media you should contact ASN Lab or your ASN Lab authorized distributor or reseller.
1.2 Evaluation Period In order to evaluate the Product, you may install the Product, as outlined below, on a temporary basis for evaluation, non-commercial purposes only (the "Evaluation Period"). The Evaluation Period is limited to the lesser of the period of time specified to you by ASN Lab or ninety (90) days from the date the Product is installed. At the end of the Evaluation Period your license to use the Product expires. During the Evaluation Period, ASN Lab grants you the personal, nonexclusive, nontransferable and limited license to use the Product solely for evaluation purposes. THE PRODUCT CONTAINS A TIME-OUT FEATURE THAT DISABLES ITS OPERATION AFTER THE EXPIRATION OF THE EVALUATION PERIOD. APPLICATIONS THAT YOU CREATE DURING THE EVALUATION PERIOD MAY REQUIRE THE PRODUCT IN ORDER TO RUN. UPON EXPIRATION OF THE EVALUATION PERIOD, THOSE APPLICATIONS WILL NO LONGER RUN. YOU SHOULD THEREFORE TAKE PRECAUTIONS TO AVOID ANY LOSS OF DATA THAT MIGHT RESULT. In order to use the Product after the Evaluation Period, you must obtain from ASN Lab, or its authorized distributors or resellers a License Key Certificate outlining the number and type of grants of a license to use the Product in accordance with the terms and conditions of this License Agreement. You may not use the Product during the Evaluation Period for any commercial, business, governmental or institutional purpose of any kind. At the end of the Evaluation Period, further use of the Product by you is prohibited without the purchase of a commercial license to obtain a License Key Certificate. If you do not purchase a license for the Product at the end of the Evaluation Period, you hereby agree to permanently remove or delete the Product from all computer systems, including servers, workstations, microsystems, on which it was installed and deployed any software and documentation received, and not to reinstall the Product. If you desire to continue to use the Product following the Evaluation Period, you should contact ASN Lab or a ASN Lab authorized distributor or reseller to order commercial licenses to use the Product.
1.3 Named User Grant of License The terms of this Section 1.3 are applicable to you only if you have purchased a Named User License, as defined below, for the Product directly from ASN Lab or a ASN Lab authorized distributor or reseller. Subject to the terms and conditions of this License, ASN Lab grants to you, if you are an individual, or, if you are an entity, one (1) designated person in your organization ("Named User") a personal, nonexclusive, nontransferable and limited license to use the Product solely for your own internal purposes. You may purchase from ASN Lab or a ASN Lab authorized distributor or reseller additional licenses to permit multiple Named Users to use the Product (each, a "Named User License"). The foregoing Named User Licenses shall be for access and use, only by the equivalent number of Named Users for whom you have paid the applicable license fees and obtained a License Key Certificate. The Product may be used exclusively by the specifically designated Named Users, subject to all the terms and conditions of this License Agreement. You agree that you will not designate more Named Users than the number of Named User Licenses that ASN Lab or a ASN Lab authorized distributor or reseller has expressly granted to you and you will not allow the Product to be used by any individuals other than the Named Users designated by you from time to time. You may install the Product on a reasonable number of machines provided that the Named User is the only individual permitted to use the Product. Subject to the other terms and conditions of this License, you may make a reasonable number of copies of the Product to backup devices such as hard disks, optical media, or tape and one (1) physical CD media backup copy of the Product solely to replace the original copy provided to you if the original copy is damaged or destroyed. All rights not specifically granted to you herein are retained by ASN Lab.
The following terms and conditions ("Special Terms") are specific to certain editions, versions and components of the Product and are in addition to the provisions of Section 1. If any provision of the Special Terms applicable to the Product conflicts with any other provision of this License, then the provision of the Special Terms will supercede and control.
2.1 ADDITIONAL LICENSE TERMS APPLICABLE TO SOFTWARE LICENSED FOR EDUCATIONAL USE Subject to the terms and conditions of this License, you may exercise your rights under this License Agreement to use the Product solely for your own personal use in providing or receiving instruction within the limited scope of guided computer programming and/or software training courses ("Courses") in which you are a direct and personal participant, either as student or instructor. You may not use any Works created with the Product for any commercial, business, governmental or institutional purpose of any kind, except to the extent you are an instructor teaching a Course. All rights not specifically granted to you herein are retained by ASN Lab.
2.2 ADDITIONAL LICENSE TERMS APPLICABLE TO THIRD PARTY SOFTWARE Certain components of the Product use or incorporate third-party software programs and/or libraries ("Third-Party Software"), which are loaded (in both object and source code form) on the Product media. You agree that ASN Lab's third-party licensors and suppliers are intended third party beneficiaries of all terms and conditions of this License intended to protect intellectual property rights in the Product (including the Third-Party Software) and limit certain uses thereof.
You may not: (a) modify, adapt, alter, translate, or create derivative works of the Product or merge the Product with other software other than as described in the Product's accompanying documentation or as approved of in writing by ASN Lab; (b) lease, rent or loan the Product to any third party; (c) sublicense, distribute or otherwise transfer the Product or any component thereof to any third party except as expressly authorized in this Agreement; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Product; (e) remove, alter, or obscure any confidentiality or proprietary notices (including copyright and trademark notices) of ASN Lab or its licensors or suppliers on or accompanying the Product; (f) allow third parties to access or use the Product including but not limited to using the Product in a time-sharing arrangement, operating the Product as part of a service bureau or, except as expressly authorized under Sections 1 and 2 otherwise using the Product for the use or benefit of third parties; (g) reproduce or use the Product except as expressly authorized under Sections 1 and 2; or (h) disclose or publish performance benchmark results for the Product. The rights granted under this License apply only to this Product. You must procure a separate license to use other ASN Lab software. Furthermore, you may not permit end users of the Product ("End Users") to conduct the restricted activities limited by items (a) through (e), (g) and (h) above insofar as they apply to certain files, libraries and/or source code specifically designated as "redistributables" by ASN Lab in the accompanying printed or on-line documentation and that are necessary to use your own application programs and other works created using the Product ("Redistributables"), and such End User's sublicense rights to the Redistributables are conditioned upon compliance with such limitations. The limitations in this Section 3 apply equally to your use of the Product, in whole or in part, including any component or Redistributable.
ASN Lab warrants to you, the original purchaser and to no other party, that any physical media included with the Product, as and when provided to you, will be free of physical defects in materials and workmanship for a period of ninety (90) days after the date that you initially acquire the Product. Your exclusive remedy and ASN Lab's sole liability for breach of this warranty is that ASN Lab will replace any defective media returned to ASN Lab within the ninety (90) day warranty period. This warranty does not apply to damages resulting from misuse, abuse or neglect. Any replacement media will be warranted as above for the remainder of the original warranty period or twenty (20) days from the date we ship it to you, whichever is longer. EXCEPT FOR THIS EXPRESS LIMITED WARRANTY, THE PRODUCT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. ASN LAB HEREBY EXCLUDES AND DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, RESULTS, EFFORTS OR QUIET ENJOYMENT. THERE IS NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR WILL FUNCTION WITHOUT INTERRUPTION. YOU ASSUME THE ENTIRE RISK FOR THE RESULTS OBTAINED USING THE PRODUCT. TO THE EXTENT THAT ASN LAB MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
ASN Lab is not required under this License Agreement to provide any installation, training or other services to you. Such services, if available, must be purchased separately. If, pursuant to a separate support agreement or otherwise, ASN Lab provides you with a new release, error correction, update, upgrade or other modification to the Product, such modification will be deemed part of the Product, and subject to the terms of this License Agreement, unless the modification is expressly provided subject to a separate license agreement. ASN Lab reserves the right at any time not to release or to discontinue release of any Product and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of any future releases of the Product.
You must register the Product with ASN Lab as a condition to your rights to use the Product. You will be prompted to register the Product at the time of your installation or first use of the Product, at which time you will be notified (or directed to online resources explaining) how registration information provided by you may be used and you will be afforded the opportunity to opt out of certain uses of such information.
You acknowledge that the Product in source code form remains a confidential trade secret of ASN Lab. You agree to hold this information in confidence, not disclose it to any person, and not use it for any purpose other than the use and operation of the Product as permitted under this License Agreement.
IN NO EVENT WILL ASN LAB BE LIABLE TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR DATA, ARISING FROM OR RELATING TO THIS LICENSE AGREEMENT OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT, NEGLIGENCE OR OTHERWISE, EVEN IF ASN LAB KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ASN LAB'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LICENSE AGREEMENT OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU UNDER THIS LICENSE AGREEMENT. THIS SECTION 8 WILL APPLY EVEN IF AN EXCLUSIVE REMEDY HEREUNDER HAS FAILED OF ITS ESSENTIAL PURPOSE.
9.1 Term The term of this License Agreement will begin as of the date that you receive the Product and will remain in effect unless terminated under this Section 9.
9.2 Termination for Convenience nbsp;You may terminate this License Agreement for any reason, or for no reason, by giving ASN Lab five (5) days's written notice.
9.3 Termination for Cause ASN Lab may terminate this License Agreement if you breach your obligations hereunder. ASN Lab will effect such termination by giving you notice of termination, specifying therein the alleged breach. If your breach is curable, you will have a grace period of thirty (30) days after such notice is served to cure the breach described therein. If the breach is cured within the thirty (30) day grace period, then this License Agreement will remain in effect; otherwise, this License Agreement will automatically terminate upon the conclusion of the thirty (30) day grace period.
9.4 Effect of Termination Upon the termination of this License Agreement for any reason the following terms shall apply: (a) all rights granted under this License Agreement will immediately terminate and you must stop all use of the Product and any Redistributables; (b) you must return to ASN Lab or destroy all copies of the Product provided to or made by you, and will, within ten (10) days after the effective date of termination, provide ASN Lab with written certification that all such copies have been returned or destroyed; and (c) all provisions of this License Agreement with the exception of the licenses granted in Sections 1 and 2, will survive termination of this License Agreement for any reason.
10.1 Audit If you are entering into this license as an entity other than an individual (e.g, as a corporation, a partnership, or other organization), during the term of this License and for one (1) year thereafter, ASN Lab or its outside auditors will have the right to conduct an audit of your records and computer systems to verify that you have paid to ASN Lab the correct amounts owed under this License and determine whether the Products are being used in accordance with the terms of this License. Any audit will be conducted during regular business hours at your facilities, with reasonable notice. You agree to provide the audit team access to the relevant records and facilities and to provide reasonable assistance to ASN Lab in connection with this provision. You agree to pay the cost of the audit if any underpayments during the period covered by the audit amount to more than five percent (5%) of the fees actually owed or if the number of deployments of the Products is more than five percent (5%) of that licensed.
10.2 Hazardous Uses The Product is not intended for use in connection with any application requiring fail-safe performance such as the operation of nuclear power facilities, air traffic control or navigation systems, weapons control systems, life support systems, or any other system whose failure could lead to injury, death, environmental damage or mass destruction. You agree that ASN Lab will have no liability of any nature, and you are solely responsible, for any expense, loss, injury or damage incurred as a result of such use of the Product.
10.3 Entire License; Severability This License Agreement constitutes the entire, final and exclusive agreement between you and ASN Lab regarding the specific license transaction described herein. If any provision of this License Agreement is held to be illegal, invalid or unenforceable for any reason, then such provision will be enforced to the maximum extent permissible and the remainder of the provisions of this License Agreement will remain in full force and effect.
10.4 Assignment You may not transfer the Product media, assign this License Agreement or assign any of your rights or delegate any of your obligations under this License Agreement, by operation of law or otherwise (including by merger, sale of assets or consolidation), without ASN Lab's prior written consent. Any attempted assignment in violation of this Section 10.3 will be void.
10.5 Export Control You may not directly or indirectly transfer the Product, including its documentation, to any country if such transfer would be prohibited by applicable law. You agree to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country. You will be solely responsible for identifying and complying with all laws of any jurisdiction regarding the import, export or use of Products and technical data supplied by ASN Lab. You will obtain at your own expense all licenses, permits or approvals required by any government to use the Product.
10.6 Waiver and Modifications All waivers must be in writing. Any waiver or failure to enforce a provision of this License Agreement on one occasion shall not be deemed a waiver of any other provision or such provision on any other occasion. This License Agreement may only be amended by a written document signed by both parties.
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