Inlab Networks : BalanceNG: End User License Agreement
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BalanceNG - The Software Load Balancer
BalanceNG®

The Software Load Balancer and Embeddable ADC

BalanceNG certified system
Thomas-Krenn LoadBalancer
certified OEM Load-Balancers

 

End User License Agreement for BalanceNG

$Revision: 1.6 $
$Date: 2015/06/26 07:40:46 $

1. General

This End-User License Agreement ("EULA") is a legal agreement between you and Inlab Networks GmbH for the Inlab Networks GmbH products identified above, which may include computer software and associated media, electronic documentation and printed materials ("The Software"). By installing, copying, distributing or otherwise using The Software you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA you must not install, use or distribute The Software, and you must destroy all copies of The Software that you have. If The Software was purchased by you, and you have not installed, copied or otherwise used The Software, you may return it to Inlab Networks for a full refund.

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold and always remains the property of Inlab Software.

2. Licensing

If you have not paid the registration fee for The Software, you are hereby granted an evaluation license to use The Software as described in Sections 1, 2.1 and Sections 3 - 10 below.

If you have paid the registration fee for The Software, you are hereby granted a license to use The Software as described in Sections 1, 2.2 and Sections 3 - 10 below.

2.1. Evaluation License

You may:

Subject to the terms of this EULA, use The Software for evaluation purposes without charge for a period of 30 days.

The Software not fully licensed may be restricted in functionality.

2.2. Registered License

You may:

Subject to the terms of this EULA, use the copy of The Software on the licenced computer (node).

You may also store or install a copy of The Software on a storage device, such as a network server, used only to install or run The Software on other computers over an internal network; however, you must acquire and dedicate a separate license for each separate computer on which The Software is installed or run from the storage device. A license for The Software may not be shared or used concurrently on different computers.

You may not:

Disclose to third parties, or publish your registration details via electronic or other means.

3. Restrictions

You may not reverse engineer, decompile, or disassemble The Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

4. Transfer of Rights

You may permanently transfer all of your rights under this EULA, provided you retain no copies of The Software, you transfer all of The Software (including all component parts, documentation upgrades, and this EULA), and the recipient agrees to the terms of this EULA. If The Software is an upgrade, any transfer must include all prior versions of The Software.

5. Termination

Without prejudice to any other rights, Inlab Networks GmbH may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of The Software.

6. Copyright

All title, including but not limited to copyrights, in and to The Software and any copies thereof are owned by Inlab Networks GmbH. All title and intellectual property rights in and to the content which may be accessed through use of The Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Inlab Networks GmbH.

7. Limited Warranty

Inlab warrants that the media, if any, on which the Software is delivered will be free of defects and that the Software will substantially conform to the description contained in the applicable end user documentation in each case for a period of 90 days after the date of shipment of the initial Software License Key. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Inlab PROVIDES THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS EULA OR COMMUNICATION WITH YOU, AND Inlab SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INLAB BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.

INLAB'S LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT, EXCEED THE LICENSE FEES PAID BY YOU TO INLAB FOR THE SOFTWARE LICENSED BY YOU UNDER THIS EULA.

THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER INLAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9. Miscellaneous

This EULA is governed by the laws of Germany, without regard to conflict of law principles. This EULA is the entire agreement between us and supersedes the terms of any purchase orders and any other communications or advertising with respect to the Software. If any provision of this EULA is held invalid, the remainder of this EULA shall continue in full force and effect. This EULA may be modified only by written agreement signed by authorized representatives of you and Inlab.

10. Contact Information

If you have any questions about this EULA, or if you want to contact Inlab for any reason, please direct all correspondence to: Inlab Networks GmbH, Josef-Wuerth-Str. 3, 82031 Gruenwald, Germany or email info@inlab.de.