Nexeye Monitoring Enterprise 1.8

EULA - End User License Agreement

USER LICENSE AGREEMENT
Please read the following license agreement carefully before using this program. By accepting the agreement, you are agreeing to become the user and expressing your complete acceptance of all the terms and conditions of this license agreement. Similarly, use of the program implies your acceptance to be bound by the terms and conditions of this license agreement.
If you do not accept the terms of the agreement, do not install the program.
This license agreement represents the entire agreement between the user and the Developer of the programme (the developer is hereinafter referred to as Nexeye Software). This license agreement supersedes any prior license agreements between the user and Nexeye Software with respect to the present program.
The acceptance of the terms and conditions of this agreement does not confer any rights of ownership not specified in the present agreement over the program belonging to Nexeye Software, its software suppliers or distributors.
1.- LICENSE GRANT.- Nexeye Software grants the user the non-exclusive and non-transferable right to use this program and documentation for evaluation purposes only.
2.- INTELLECTUAL PROPERTY.- This program, as well as any corresponding documentation or information, is the exclusive property of Nexeye Software and/or its suppliers of software. Nexeye Software or its suppliers of software own all intellectual property rights and copyrights pertaining to the program, documentation or any other product given to the user by Nexeye Software as part of this agreement. The acceptance of the terms and conditions of this agreement does not confer any rights over the program belonging to Nexeye Software or its software suppliers.
The program is protected by copyright laws, patents and international copyright treaties, in addition to the dispositions of laws and treaties applicable to the protection of intellectual property rights.
3.- EVALUATION.- The user may give Nexeye Software any information about the functioning of the program, problems and improvements that the user may consider necessary. These reports can be used by Nexeye Software for any purpose, without the user's consent or any obligation, financial or otherwise, on the part of Nexeye Software to the user.
4.- DATA COLLECTION TECHNOLOGY.- Nexeye Software informs the user that in certain products it may use data collection technology to collect technical information to improve the product to provide associated services, to adapt them to user preferences and to prevent the unlicensed or illegal use of the product. The user accepts that Nexeye Software may use such information as part of the services provided in relation to the product, and that he/she may receive marketing information. The user acknowledges and accepts that Nexeye Software may provide updates or additions to the software which automatically download to his/her computer.
5.- WARRANTY.- The user recognizes and accepts that the program is of an experimental nature and is not a commercial product and its functionality is not guaranteed.

Nexeye Software will not be held responsible by any person or entity regarding any damage or loss allegedly caused by the use or inability to use the program, either directly or indirectly, including (but not limited to) business interruptions, monetary loss or loss of anticipated income as a result of the use of the program.
The program is provided as is, and no claims will be accepted concerning failure to fulfill presumed functions.
Nexeye Software does not guarantee that the program is error free, nor that it will function without interruption.
The user is responsible for the use of the program by others. The user accepts responsibility for any losses and/or damages and costs arising from any incompatibility between this program or updates thereof and any third-party software that the user has installed on his/her computer as well as any other problems that may arise due to the interaction between both programs, or for code strings that coincide.
The user knows and accepts, under his/her own responsibility, that due to the modifications that viruses cause in files they infect, it is possible that the disinfection process could produce unforeseen changes to these files.
6.- HIGH RISK ENVIRONMENTS.- This program has not been designed for and is not intended for use in hazardous environments requiring fail-safe (fault-tolerant) performance such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons or defence systems, life support systems or any other context in which the failure of any software could lead directly to death, personal injury or severe damage to property or the environment. Nexeye Software specifically disclaims any express or implicit guarantee of the program’s suitability for these types of activities.
7.- CONFIDENTIALITY.- The user recognizes that the program, documentation and/or any other information or material provided by Nexeye Software is confidential information belonging to Nexeye Software. Given the experimental nature of the program, the user agrees not to reveal to third parties any information regarding this program, documentation and/or any other information or material provided by Nexeye Software, without written permission from Nexeye Software. The program is confidential information and the user must protect it as such. In the case of business users, the user agrees to establish with those employees with access to the program, documentation and/or any other information or material provided by Nexeye Software, the warnings and documentation necessary to ensure that the confidentiality requirements are met. The user is not permitted to make copies of the program, other than back-up copies.
8.- EXPORT RESTRICTIONS.- The user acknowledges and accepts that the program or any part thereof may be subject to applicable export control laws in the country it is being used and hence the user is bound to abide by such legislation and any other applicable international export regulations.
The user acknowledges and accepts that the program may not be exported or re-exported, either wholly or in part, to any country, person or organization subject to restrictions under the national export control laws in the country being used or any other applicable international export regulations, unless the user is in possession of the corresponding valid export licenses. The user shall defend, indemnify and hold Nexeye Software harmless in the event of any claim resulting from the licensee’s failure to comply with export regulation.

9.- OTHER RESTRICTIONS.- The user agrees not to lend, rent, lease, give away, donate or transfer the software in any way. The user may not transfer the rights granted by means of this license agreement. It is not permitted to decompile, reverse-engineer or disassemble wholly or partially this program.

10.- DURATION.- The right to use this program will terminate when Nexeye Software terminates the Beta phase of this program. However, Nexeye Software and/or the user can terminate this agreement without cause, through written notification to the other party. The user must uninstall the program and destroy any copies he/she possesses on expiry of this license agreement, unless Nexeye Software gives written authorization to the contrary. All provisions related to confidentiality will remain effective after the agreement has ended.

11.- JURISDICTION.- The present agreement is governed by the applicable laws in the Republic of Turkey and in the event of any doubt or disagreement about its interpretation or effects, the only competent authority will be the Bursa Court(s) of Justice. Both parties expressly renounce any other jurisdiction that may correspond to them.

12.- GENERAL.- The user authorizes personnel appointed by Nexeye Software to visit him/her in order to verify that the conditions of this license are met.
The user knows and accepts that Nexeye Software may take legal proceedings should the user not adhere to this agreement. Nexeye Software reserves the right to terminate the present license agreement automatically without prior notice should the user fail to comply with any of the terms and conditions of the present agreement.
If any provision in this agreement is against the law, that provision will be considered void, without affecting the totality of the agreement or implying that the agreement is void.
Nexeye Software expressly reserves all other rights it may have and that are not herein granted to the user.

SPECIFIC CLAUSES FOR FREE SOFTWARE AND THIRD PARTY SOFTWARE
This licensed software may include software programs that are licensed (or sub-licensed) to the user under free software licenses or other types of licenses. The texts containing said conditions are available to the licensee in the product installation folder.
Nexeye Software,
Moda Cad. 255/3, Moda – Kadikoy, Istanbul, Turkey