PORTspy "per workstation" license agreement

*** REGISTERED LICENSE AGREEMENT ***

This license applies to the registered version of PORTspy. If you are using an evaluation version of PORTspy, see the section entitled “EVALUATION LICENSE AGREEMENT” below.

You should carefully read the following terms and conditions before using PORTspy. Unless you have a different license agreement signed by PQ Systems, Inc., your use of PORTspy indicates your acceptance of this license agreement and warranty.

Registered Version of the License

A registered license grants you the right to install and use PORTspy on a single workstation (i.e., one computer). You must purchase a registered license for each workstation on which PORTspy is installed. If you use PORTspy through a network, you must still obtain individual licenses for PORTspy to cover each individual workstation that will execute the PORTspy software through the network. For instance, if 10 different workstations will use PORTspy on a network, each workstation must have its own registered license; regardless of whether PORTspy is used at different times or concurrently.

Further Explanation of Copyright-Law Provisions

You may transfer all of your rights to use PORTspy to another workstation, provided that you transfer to that workstation (or destroy) all of PORTspy and documentation provided in this package, together with all copies, tangible or intangible, including copies in RAM or installed on a disk, as well as backup copies. Remember, once you transfer PORTspy, it may be used only on the single workstation to which it is transferred. Except as stated in this paragraph, you may not otherwise transfer, rent, lease, sublicense, timeshare, or lend PORTspy or PORTspy documentation. Your use of PORTspy is limited to acts that are essential steps in the use of PORTspy on your workstation as described in the documentation. You may not otherwise modify, alter, adapt, merge, decompile, or reverse-engineer PORTspy, and you may not remove or obscure PQ Systems’ copyright or trademark notices.

Governing Law and General Provisions

This license statement shall be construed, interpreted, and governed by the laws of the State of Ohio, USA. If any provision of this statement is found void or unenforceable, it will not affect the validity of the balance of this statement, which shall remain valid and enforceable according to its terms. If any remedy provided is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in full force and effect. This statement may be modified only in writing signed by you and an authorized representative of PQ Systems, Inc. Use, duplication, or disclosure by the US Government of computer software and documentation in this package shall be subject to the restricted rights applicable to commercial computer software (under DFARS 52.227-7013). All rights not specifically granted in this statement are reserved by PQ Systems, Inc.

Disclaimer of Warranty

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. Because of the various hardware and software environments into which PORTspy may be put, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED.

Good data processing procedure dictates that any program be thoroughly tested with noncritical data before relying on it. The user must assume the entire risk of using PORTspy. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.

*** EVALUATION LICENSE AGREEMENT ***

The following license applies to the evaluation version of PORTspy. If you have purchased a license for the registered version of PORTspy, see the section “REGISTERED LICENSE AGREEMENT” above.

You should carefully read the following terms and conditions before using PORTspy. Unless you have a different license agreement signed by PQ Systems, Inc. your use of PORTspy indicates your acceptance of this license agreement and warranty.

Evaluation and Registration

This is not free software. Subject to the terms below, you are hereby licensed to use this software for evaluation purposes without charge during the evaluation period. If you want to use PORTspy after the evaluation period then a registered license must be purchased. The evaluation period may vary from one Software product to another, but in no case does the evaluation period extend beyond 90 days from the first use of PORTspy.

Unregistered use of PORTspy after the evaluation period is in violation of U.S. and international copyright laws.

Governing Law and General Provisions

This license statement shall be construed, interpreted, and governed by the laws of the State of Ohio, USA. If any provision of this statement is found void or unenforceable, it will not affect the validity of the balance of this statement, which shall remain valid and enforceable according to its terms. If any remedy provided is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in full force and effect. This statement may be modified only in writing signed by you and an authorized representative of PQ Systems, Inc. Use, duplication, or disclosure by the US Government of computer software and documentation in this package shall be subject to the restricted rights applicable to commercial computer software (under DFARS 52.227-7013). All rights not specifically granted in this statement are reserved by PQ Systems, Inc.

Disclaimer of Warranty

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. Because of the various hardware and software environments into which PORTspy may be put, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED.

Good data processing procedure dictates that any program be thoroughly tested with noncritical data before relying on it. The user must assume the entire risk of using PORTspy. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.

PQ SYSTEMS, INC.

Corporate Headquarters: 210 B East Spring Valley Road, Dayton, OH 45458, USA, (937) 885-2255, http://www.pqsystems.com. International Offices in: Australia +61 3 97701960, The United Kingdom (01704)871465.

All PQ Systems products are trademarks of Productivity-Quality Systems, Inc., Copyright © 1998-2011 Productivity-Quality Systems, Inc.

All rights reserved.