License Agreement for
Traffic Monitor v1.0
This software package is copyright 2002, Peter L. Blum. All rights are reserved.
This is a legal agreement between the User, herein referred to as the "END USER", and Peter L. Blum, herein referred to as the "AUTHOR".
"END USER" means the company, entity or individual whose funds are used to pay the license fee.
Traffic Monitor v1.0
is herein referred to as "SOFTWARE".
Use of SOFTWARE indicates your acceptance of the following terms and conditions and disclaimers.
"Use" means storing, loading, installing, or executing the SOFTWARE.
This SOFTWARE requires product registration before a license is granted. To register, END USER must go to the web site http://www.PeterBlum.com, select this SOFTWARE, and select the Download option. A form will ask for your contact information. Upon submission, END USER will receive an Email with a serial number which is a receipt.
Licensing Agreement for SOFTWARE
By using any part or whole of the SOFTWARE, the END USER indicates agreement and acceptance to the following terms and conditions and disclaimers as an express agreement between the END USER and the AUTHOR. If the END USER does not understand these terms and conditions and disclaimers, or does not agree to and accept them, then the END USER may not use or view any part or whole of the SOFTWARE.
1. LICENSE GRANT. The AUTHOR hereby grants the END USER the right to use the SOFTWARE after the product has been registered correctly. Registration requires that END USER provide accurate contact information to the AUTHOR. AUTHOR will send END USER an Email with a serial number and END USER's contact information. The email constitutes a receipt and the completion of the registration process.
The granted license is a SITE LICENSE. A Site License allows the END USER to use the SOFTWARE on an unlimited number of PRODUCTION WEB SERVERS, HOSTED WEB SERVERS and DEVELOPMENT COMPUTERS. A license is required for HOSTED WEB SERVERS regardless of a SOFTWARE license by any other user, company, entity or individual whose web site is on that computer.
A PRODUCTION WEB SERVER is defined as a computer which publishes a web site on the Internet for the END USER only.
A HOSTED WEB SERVER is defined as a computer which publishes web sites for the END USER and other users, entities, companies and individuals.
A DEVELOPMENT COMPUTER is defined as a computer used in the software development process including coding, debugging, testing, staging, and documenting without publishing a web site on the Internet that contains the SOFTWARE.
2. OWNERSHIP. The SOFTWARE is owned and copyrighted by Peter L. Blum. The END USER's license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE .
3. COPYRIGHT. The SOFTWARE is protected by international treaty provisions. END USER acknowledges that no title to the intellectual property in the SOFTWARE is transferred to the END USER. END USER further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of AUTHOR and END USER will not acquire any rights to the SOFTWARE except as expressly set forth in this license. END USER agrees that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
4. REVERSE ENGINEERING. END USER agrees that it will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.
5. NO OTHER WARRANTIES. THIS SOFTWARE IS LICENSED TO THE END USER "AS IS", AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE END USER ASSUMES ALL RISKS WHEN USING IT. AUTHOR DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. THE AUTHOR DOES NOT WARRANT THAT THIS SOFTWARE DOES NOT INFRINGE ANY RIGHTS OF THIRD PARTIES.
6. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL AUTHOR OR ITS SUPPLIERS BE LIABLE TO END USER FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AUTHOR'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY END USER, IF ANY.
8. GOVERNING LAW. This license will be governed by the laws.
9. DISTRIBUTION. The END USER may not distribute any part of the SOFTWARE without express written permission of the AUTHOR..
The END USER may not distribute or communicate any part of the source code, if supplied, in any fashion. This includes but is not limited to posting and printing segments of the source code in mail, Email, newsgroups and messageboards.
The END USER may NOT distribute any program files that contain compiled code from any part of the source code.