This End User License Agreement (“Agreement”) governs the licensing and use of the AdRem NetCrunch software, consisting of NetCrunch Server and NetCrunch Console (the “Software”).
For the purposes of this Agreement:
“License User” means the legal entity that acquires the Software license from AdRem Software.
“Authorized User” means an individual employee or contractor designated by the License User to access and use the Software, customer portal, or related services on behalf of the License User.
The Software is owned by AdRem Software or its authorized licensors and is protected by copyright and other applicable laws.
AdRem Software grants the License User the right to use the Software solely in accordance with this Agreement.
Acceptance of this Agreement is expressly limited to the terms contained herein.
The License User is responsible for all use of the Software by its Authorized Users and for ensuring that Authorized Users comply with this Agreement.
The License User must be the owner of the computer network that is monitored by the Software. The License does not authorize the use of the Software to provide services to another entity. The License User may outsource the administration/monitoring of the network using the Software to an external entity, with the written consent of AdRem Software. The above-mentioned consent to use the Software by an external entity does neither transfer the license to this entity nor authorize it to use the license in any other case.
If the Software is provided to the License User under an "NFR" (Not For Resale) license, it shall only be used for demonstration and testing. Software under an NFR license is exempt from update, upgrade, or crossgrade offers and may not be purchased with or exchanged for vouchers or coupons.
If the Software is provided to the License User as a "Trial Version", it shall only be used for demonstration, testing, and evaluation purposes. Trial Versions must not be used for commercial purposes and must not be resold or transferred.
Unless an annex to this Agreement provides otherwise, the rights and obligations of the License User under this Agreement are as follows:
(i) install and use NetCrunch Server on a single monitoring server. If the License User has purchased a multiple-server license, it may be used on a number of monitoring servers not exceeding the license size purchased by the License User.
(ii) install NetCrunch Console on any number of computers,
(iii) use NetCrunch Console concurrently on the number of computers not larger than specified in the Remote Access license purchased by the License User,
(iv) transfer the entire Software permanently to another person or entity, provided that the License User does not retain any copies of this Software and that the acquiring party provides AdRem Software with a written confirmation accepting the terms of this Agreement.
(i) transfer, lend, or lease any element of the Software,
(ii) decompile, disassemble, reverse engineer, attempt to find out the source code of, or create a derivative product of the Software,
(iii) use the previous version of the Software after upgrading to a newer version. The exception to this rule is the transfer of the previous version of the software for which the License User received an update in the form of a donation to a charity organization selected by the License User. However, for the aforementioned donation to be acknowledged, the License User must deliver to AdRem Software a written representation from the beneficiary that it is the end user of the transferred Software. Otherwise, the previous version of the Software should be removed.
The License User acknowledges and agrees that certain functionalities or services of AdRem NetCrunch, which include but are not limited to integrations, cloud-related functionalities, actions related to the license file maintenance, including storing the license in the customer portal, license activation and deactivation, and the reassignment of license to another Authorized User within the same organization, are contingent upon maintaining a valid Upgrade & Support Subscription. Access to these features may be restricted or unavailable if the License User does not have an active and valid Upgrade & Support Subscription.
The terms and conditions of the upgrade & support subscription, including fees, duration, and renewal policies, are set forth separately at https://www.adremsoft.com/support/procedures.php and are subject to change. Continued use of the Software following publication of updated Support Rules constitutes acceptance of the updated Support Rules.
Technical support is provided to License Users with a valid Upgrade & Support Subscription. The technical support provides:
(i) support of the current version of the Software,
(ii) support via online chat or e-mail during the validity period of the Upgrade & Support Subscription,
(iii) software updates released by AdRem Software during the validity of the Upgrade & Support Subscription.
AdRem Software shall endeavor to respond to License User requests for technical support regarding the Software. However, AdRem Software reserves the right to perform this service to the extent of resources and possibilities available to it. In particular, AdRem Software does not guarantee that each problem reported within the scope of technical support services shall be solved.
AdRem Software supports the Software only when it is used in compliance with the terms and under the control of operating systems for which this Software has been developed.
AdRem Software does not guarantee that the Software shall fulfill the License User’s requirements, that it shall function uninterruptedly, or that it shall be free of errors. In no event shall AdRem Software be liable for any indirect, incidental, special, or consequential damages, including loss of profits, loss of data, or business interruption arising from the use of, or the impossibility of using the Software, even when AdRem Software or its authorized representative has been advised of the possibility of such damages.
In countries where legislation does not foresee any exclusion or limitation of liability within the agreed extent, the liability of AdRem Software shall be limited or excluded to the maximum extent permitted by the law of a particular country.
THE SOFTWARE IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE OR HEALTH SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
This End User License Agreement exclusively governs the licensing and use of the NetCrunch Software. Any general terms, purchasing conditions, framework agreements, or other contractual templates issued, referenced, or applied by the License User or any customer shall not apply, even if AdRem Software does not expressly object to them, unless expressly agreed in writing by AdRem Software.
In the event of any conflict between this EULA and any other agreement expressly entered into in writing with AdRem Software relating to the NetCrunch Software, this EULA shall govern software licensing, usage restrictions, intellectual property rights, and support obligations, unless expressly stated otherwise in such written agreement.
This EULA and the NetCrunch Software license shall be governed by and construed in accordance with the laws of the Republic of Poland.
The above terms do not restrict or exclude any other rights that may be granted to the License User by AdRem Software. This Agreement may be modified only through an annex to the license or a document confirmed by AdRem Software and the License User. If any term of this Agreement is illegal, invalid, or unenforceable, then such term shall be deemed excluded from this Agreement and shall not affect the validity and performance of any of the remaining terms. If any provision of the EULA is found to be invalid or legally defective, the remaining provisions of the EULA shall remain in effect to the fullest extent permitted by applicable law.
If you have any questions concerning this Agreement, please contact us by e-mail: sales@adremsoft.com
