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User License Agreement:
FIREDAEMON END USER LICENSE AGREEMENT (EULA)
REVISION 2.5 - January 2010
You should carefully read this End User License Agreement ("Agreement") prior to
using, installing, copying or duplicating any FireDaemon Technologies Limited
("FDT") software products named FireDaemon Pro, FireDaemon Trinity,
FireDaemon Pro OEM, FireDaemon Trinity OEM, FireDaemon Fusion, FireDaemon
Fusion OEM, daeMON or PanelDaemon ("Software").
By downloading or copying or installing or using the Software you implicitly
agree to all terms and conditions as set out within this Agreement and terms of
use set out below.
This Agreement applies to all versions of the software whether current or
obsolete, supported or unsupported.
MANUFACTURER AND MARKETER
FireDaemon is manufactured and marketed by:
FireDaemon Technologies Limited
St John's Innovation Centre
Cowley Road
Cambridge
Cambridgeshire
CB4 0WS
United Kingdom
Email: helpdesk@firedaemon.com
FireDaemon Technologies Limited is a registered company in England and Wales
with company number 5901601. All correspondence regarding this Agreement
should be directed to the address above.
COPYRIGHT AND TRADEMARK
Copyright (c) 1999-2010 FireDaemon Technologies Limited
All rights reserved.
FireDaemon (R) is a registered trademark of James Bourne in the USA
and other countries.
This Software product is a copyrighted work and is protected by international
copyright laws and treaties.
This Software product is licensed, not sold. It is, and shall remain at all
times, the absolute and unrestricted property of FDT. Nothing in this Agreement
shall prejudice, impair, jeopardize or otherwise adversely affect the rights
of FDT as sole and exclusive owner of the Software.
WARRANTY DISCLAIMER
All efforts have been made to ensure that the Software is free from defects. The
Software (including any and all accompanying software, files, data, and
materials) are distributed and provided "as is" without any warranty whatsoever
implied or otherwise.
INDEMNITY AND SPECIAL CONDITIONS
You ("the Client") hereby indemnify FDT (including all agents, distributors,
sub-contractors, affiliates, branches, outlets and any other persons or companies
associated with FDT worldwide) against any damages or claims that may arise from
the use or misuse of the Software.
Under no circumstances does FDT authorise you to use the Software in
applications or systems where the Software's failure to perform can reasonably
be expected to result in a significant physical injury or loss of life. Any
such use by you is entirely at your own risk, and you agree to hold FDT harmless
from any and all claims or losses relating to such unauthorised use.
GENERAL TERMS OF USE
You cannot sell or market or rebrand or rebadge the Software and then attempt
claim it as your own. You cannot ask for or attempt to claim any distribution
fees or donations from any commercial or non-commercial entity by supplying them
with any form of the Software that can be legally freely redistributed.
The Software cannot be used for any purpose, related or otherwise that involves
any illegal or unauthorised attempt to gain access to any computer system, any
act of racism, vandalism, persecution, terrorism, general provoked or unprovoked
aggression or war nor any other illegal, malicious or criminal activity.
The Software in all forms cannot be included as part of a saleable or commercial
product distribution from which fees or royalties of any kind are derived
without prior written consent from FDT.
Further, you may not modify, enhance, supplement, create any derivative work
from, adapt, translate, reverse engineer, decompile, disassemble or otherwise
reduce the Software to human readable form.
SPECIFIC TERMS OF USE AND REDISTRIBUTION
The Software is supplied in four forms:
1. Commercial Supported which includes the following products:
FireDaemon Pro GA (All Versions)
FireDaemon Trinity GA (All Versions)
FireDaemon Fusion GA (All Versions)
2. Commercial Redistributable Supported which includes the following products:
FireDaemon Pro OEM GA (All Versions)
FireDaemon Trinity OEM GA (All Versions)
FireDaemon Fusion OEM GA (All Versions)
3. Free Open Source Unsupported
PanelDaemon (All versions)
4. Free Closed Source Unsupported
daeMON (All versions)
For the purposes of this license a workstation or server refers to any physical
computer or virtual machine onto which an operating system is installed.
For the purposes of this license a non-commercial entity is defined as any
individual, educational institution, charity or humanitarian organisation.
For the purposes of this license a commercial entity is defined as any
corporation registered or otherwise that derives or attempts to derive
substantial commercial and monetary gain and benefit from its efforts and
endeavours. This includes all Government and Military entities.
Commercial Supported Software may only be used after the appropriate
registration fees have been paid for in full by any commercial or non-commercial
entity. Commercial Supported Software cannot be redistributed. The commercial
or non-commercial entity must be in possession of a license for each and every
workstation or server on which the Commercial Supported Software is installed.
The Commercial Supported Software can only be installed on workstations or
servers owned or leased or operated by or on behalf of the licensee.
End User Host Licensing: In this case the software is licensed on a per server or
workstation basis. A single license is required for each server or workstation
irrespective of the number of client computers connecting to each server or
worstation. If you intend to install FireDaemon Pro on five (5) servers or
workstations you will need to purchase five (5) copies of the software. Should
you inadvertently or otherwise install the Commercial Supported Software on a
workstation or server for which you do not have a license then you must either
uninstall it or purchase one or more licenses to make up the shortfall.
End User Unlimited Licensing: In this case the Software is licensed to the
commercial or non-commercial entity for use across an unlimited number of
workstations and/or servers owned or rented directly by any division of the
entity globally. This license is not implicitly transferrable to subsidiary or
parent entities nor by indirect association with a third party entity.
Commercial Redistributable Supported Software may only be used after the
appropriate registration fees have been paid for in full. Commercial
Redistributable Software gives you the right to distribute, royalty free, the
Software as an integrated part of your product or platform. There are no limits
placed on the number of times the Software can be redistributed. However, the
Software cannot be offered as a standalone add-on nor as a chargeable add-on.
Free Open Source Unsupported Software can be used and redistributed free of
charge providing the terms and provisions in the GNU General Public License
Version 3 are abided by: http://www.gnu.org/licenses/gpl.txt.
Free Closed Source Unsupported Software can be used and redistributed free of
charge providing the terms and provisions in the New BSD License are abided
by.
TRANSFER
A license can be transferred from the original licensee to a third party by
advising FDT of the transfer in writing. This transfer can occur only once and
cannot be perpetuated. Upon transfer all obligations of the original licensee
are terminated and transferred to the new owner. The original licensee will
immediately cease using the Software.
The Commercial Redistributable Supported Software license cannot be transferred
under any circumstances.
TERMINATION
If you fail to comply with any of the provisions contained herein, FDT shall
have the right to terminate this Agreement immediately without prior notice or
legal proceeding. FDT shall have the right to commence the appropriate legal
proceeding in order to recover costs, losses and damages as a result of the
failure to comply. Upon termination, you must immediately discontinue the use
and redistribution of the Software.
