Enterprise License Agreement

ENTERPRISE LICENSE AGREEMENT
FOR SIMTEC LIMITED HTTPWATCH PROFESSIONAL EDITION VERSION 5.x SOFTWARE

IMPORTANT-READ CAREFULLY!

This Simtec Limited End-User License Agreement ("EULA") is a legal AGREEMENT between you and Simtec Limited for the Simtec Limited software product identified above, which product includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1) GRANT OF LICENSE

This EULA grants you, the computer software end-user, the following rights:

i. The SOFTWARE PRODUCT may be used by employees of your company or organization, including wholly owned subsidiaries, at any location world-wide.

ii. You may install and use the SOFTWARE PRODUCT on any computer so long as the SOFTWARE PRODUCT is used only by employees of your company or organization.

2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

i. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.

ii. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT to any party.

iii. Software Transfer. You may permanently transfer all of your rights under this EULA, provided you (a) retain no copies, (b) transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and (c) the recipient agrees to abide by all of the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT and all of your rights therein, if any.

iv. Support Services. Simtec Limited may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). The provision and use of Support Services is governed by the Simtec Limited policies and programs described in the SOFTWARE PRODUCT user manual and/or in "online" documentation. Any supplemental software code provided to you as part of the Support Services shall considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Simtec Limited as part of the Support Services, Simtec Limited may use such information for its business purpose, including for product updates and development. Simtec Limited will use its best efforts to not utilize such technical information in a form that personally identifies you.

3) COPYRIGHT AND TRADEMARKS

i. All title, trademarks and copyrights in and pertaining to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animation, video, audio, Music, text, and applets incorporated into the SOFTWARE PRODUCT), the accompanying, printed materials and any copies of the SOFTWARE PRODUCT are owned by Simtec Limited or its affiliated companies or suppliers. The SOFTWARE PRODUCT is protected by copyright and trademark laws and international treaty provisions. You must treat the SOFTWARE PRODUCT like any other copyrighted material for archival purposes only. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

ii. You may not remove, modify or alter any Simtec Limited copyright or trademark notice from any part of the SOFTWARE PRODUCT, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the Simtec Limited HttpWatch Setup Wizard dialogue or 'about' boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or dynamically or otherwise created by the SOFTWARE PRODUCT.

4) MISCELLANEOUS

Should you have any questions concerning this EULA, or if you desire to contact Simtec Limited for any reason, please contact the Simtec Limited distributor serving your country, or contact: Simtec Limited by e-mail to: sales@simtec.ltd.uk.

5) LIMITED WARRANTY

i. LIMITED WARRANTY Simtec Limited warrants that (a) the SOFTWARE PRODUCT will, for a period of ninety (90) days from the date of your receipt, perform substantially in accordance with Simtec Limited's written materials accompanying it, and (b) any Support Services provided by Simtec Limited shall be substantially as described in applicable written materials provided to you by Simtec Limited, and (c) Simtec Limited support engineers will make commercially reasonable efforts to solve any problem issues with the SOFTWARE PRODUCT. To the extent that implied warranties on the SOFTWARE PRODUCT are disclaimable, they are disclaimed herein below. Some states and jurisdictions do not allow disclaimers of or limitations on the duration of an implied warranty, so the above limitation may not apply to you. To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days.

ii. CUSTOMER REMEDIES Simtec Limited's and its suppliers' entire liability and your exclusive remedy shall be, at Simtec Limited's option, either (a) return of the price paid by you for the SOFTWARE PRODUCT (not to exceed the suggested retail price) if any, or (b) repair or replacement of the component(s) of the SOFTWARE PRODUCT that do(es) not meet Simtec Limited's Limited Warranty and which is returned to Simtec Limited with a copy of your purchase receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder, of the original warranty period or thirty (30) days, whichever is longer. Outside of the United States, neither of these remedies nor any product support services offered by Simtec Limited are available without proof of purchase from an Simtec Limited authorized international source.

iii. NO OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIMTEC LIMITED AND ITS SUPPLIERS DISCLAIM ALL, OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

6) LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIMTEC LIMITED OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SIMTEC LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SIMTEC LIMITED'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR TEN UNITED STATES DOLLARS (U.S. $10.00); PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A SIMTEC LIMITED SUPPORT SERVICES AGREEMENT, SIMTEC LIMITED'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL, BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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SIMTEC LIMITED PRIVACY POLICY

Simtec Limited will not gather any personal information about you or your computer without your explicit approval, except where this license agreement has been violated by the use of invalid or pirated license codes. If you give us personal information or allow us to gather personal information from your computer, we will tell you exactly what we are collecting and what it will be used for.

During your product registration, you will be asked to supply limited information that is used by Simtec Limited to improve our products, to manage copyright restrictions and licensing terms, and to offer you additional products. You will always have the option to restrict Simtec Limited's use and distribution of your personal information.

During pre-installation and installation of some of Simtec Limited's products, Simtec Limited will request the gathering of information from your computer system. We will specify exactly what information we are collecting.
Simtec Limited reserves the right to use information collected from customers in aggregate form. This means that we can compile information such as the number of people who purchased a specific product. However, your personal information is not used in this process.