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版本历史记录
- 版本 1.0 发布于 2011-08-25
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软件信息
- 软件分类： 网络与互联网 > 网络监控
- 发布者： Ipswitch, Inc.
- 许可： 免费
- 价格： N/A
- 版本： 1.0
- 适用平台： windows
终端用户许可协议
Ipswitch License Agreement READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE LOADING, AND/OR OTHERWISE USING THE SOFTWARE. THE TERMS OF USE OF THE SOFTWARE ARE DESCRIBED IN THE IPSWITCH LICENSE AGREEMENT OR LICENSE AND MAINTENANCE AGREEMENT FOR THE SOFTWARE WHICH MUST BE EXECUTED BETWEEN YOU (OR YOUR COMPANY OR INSTITUTION) AND IPSWITCH, INC. IF NO SUCH AGREEMENT HAS BEEN EXECUTED, THEN THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE SOFTWARE BETWEEN YOU AND IPSWITCH, AND IT SUPERSEDES ANY PRIOR PROPOSAL OR UNDERSTANDING BETWEEN YOU AND IPSWITCH. BY DOWNLOADING OR INSTALLING THE SOFTWARE, AND/OR USING THE SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS AGREEMENT, AND ARE THEREBY CREATING A CONTRACTUAL AGREEMENT BETWEEN YOU AND IPSWITCH. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE, AND PROMPTLY RETURN THE SOFTWARE AND ASSOCIATED DOCUMENTATION. 1. LICENSE GRANT Ipswitch grants to you, and you accept, a non-exclusive and non-transferable license to use software program(s) provided by Ipswitch, and the accompanying user documentation ("Documentation"), (collectively, the "Software") as purchased by you only as authorized in this Agreement. You may not assign, transfer, rent, or sublicense the Software (any violation of the foregoing will result in automatic termination of the license without any right of refund). The Software consists of proprietary products of Ipswitch or its third party suppliers, and the proprietary rights that protect such property may include, but are not limited to, U.S. and international copyrights, trademarks, patents, and trade secret laws of general applicability. All right, title and interest in and to the Software are and shall remain with Ipswitch or its third party suppliers, as applicable. This Agreement does not convey to you any interest in or title to the Software, but only a limited right of use revocable in accordance with its terms. You may use the Software on a specific number of computers, as identified at the time of purchase. Each instance of a Virtual Machine (VM) and each instance of a session in an environment where multiple users share computer resources are considered one computer. For Software in which more than one feature set (e.g. standard, premium) is available, you may solely use one specific feature set. If you desire a different feature set, you must purchase an upgrade. Feature sets are defined in the Documentation and identified at the time of purchase. For Software in which more than one level (e.g. 100 users, 300 devices) is available, you may solely use one specific level. If you desire a different level, you must purchase an upgrade. Levels are defined in the Documentation and identified at the time of purchase. For Software provided to you for an evaluation period, you may use the Software until the completion of the evaluation period. For Software provided to you as a subscription, you may use the Software until the completion of the subscription period. For Software acquired by you under a perpetual license, you may use the Software indefinitely. For Software in which more than one network environment (e.g. internally owned and operated, externally owned and operated) is available, you may solely use the Software in a specific network. If you desire a different network environment, you must purchase an upgrade or a separate license. Network environments are defined in the Documentation and identified at the time of purchase. For Software which includes dynamic content (e.g. anti-virus and anti-spam definitions), said content is sold on a subscription basis and remains current as long as you maintain an active subscription with Ipswitch. 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INSTALLATION AND RESTRICTIONS You assume responsibility for selection of the Software to achieve your intended results and for the installation, use, and valid operation of the Software. You agree at all times to maintain records specifically identifying the Software and the personal computers on which the Software is being used and to make such records available for inspection by Ipswitch during normal business hours. You may make copies of the software media solely for backup, disaster recovery, or archival purposes, which copies shall contain Ipswitch's copyright and other proprietary notices. You may not modify, translate, adapt, decompile, disassemble, decrypt, extract, or otherwise reverse engineer or attempt to discover the confidential source code and techniques incorporated in the Software. You may not create derivative software based on any trade secret or proprietary information of Ipswitch. 4. 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LIMITED WARRANTY For thirty (30) days (the "Warranty Period") from your date of purchase, Ipswitch warrants for your benefit alone, that (i) the Software will substantially conform to the applicable Documentation and (ii) the media on which the Software is distributed and the Documentation (if any) are free from defects in materials and workmanship and, (iii) during the Warranty Period, the Software will operate substantially in accordance with the Documentation. If during the Warranty Period an error in the Software occurs, you may return the Software to Ipswitch for either repair or replacement, or if so elected by Ipswitch, refund of the license fee paid by you under this Agreement. For any breach of the foregoing warranty during the Warranty Period, your exclusive remedy and Ipswitch's entire liability will be as described in the previous sentence. THE FOREGOING ARE THE ONLY WARRANTIES PROVIDED BY IPSWITCH AND IPSWITCH DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7. LIMITATION OF LIABILITY Because computer software is inherently complex and may not be completely free of errors, it is your responsibility to verify your work and to make backup copies, and Ipswitch will not be responsible for your failure to do so. Ipswitch's cumulative liability to you or any party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to Ipswitch for the applicable Software. 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For units of the Department of Defense (DoD), this Software is supplied only with "Restricted Rights" as that term is defined in the DoD Supplement to the Federal Acquisition Regulations, 52.227-7013(c)(1)(ii) and: Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 52.227-7013. Contractor: IPSWITCH, Inc., 10 Maguire Road, Lexington, MA 02421 Government personnel using this Software, other than under a DoD contract or GSA Schedule, are hereby on notice that use of this Software is subject to restricted rights, which are the same as, or similar to those specified above. 9. GENERAL This Agreement will be governed by the laws of the Commonwealth of Massachusetts without regard to conflict of law principles. 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