ADMINPAL End User License Agreement
Important: Carefully read this license agreement ("License") beforeusing this product.
BY COMPLETING THE INSTALLATION PROCESS AND CLICKING THE "YES, I AGREE"
CHECKBOX, YOU ARE AGREEING TO BE BOUND BY THE SERVICE AGREEMENT.
Your installation, copying, or use of this product indicates your
acceptance of this license, and that you agree to be bound by and comply
with all of its terms.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE,
THEN: (A) DO NOT COPY, INSTALL, OR USE THIS PRODUCT, AND (B) IF YOU
RETURN THE COMPLETE PRODUCT WITHOUT USING THE PRODUCT (After Purchase)
TO ADMINPAL.COM IMMEDIATELY, YOU CAN RECEIVE A FULL REFUND.
A. LICENSE
ADMINPAL.com (also referred to as "we" or "us") hereby grants you a
license to use the Product (as defined below) in accordance with all of
the terms and conditions of this License.
The "Product" consists of: (1) all materials with which this License is
packaged by ADMINPAL.com, which may include, but are not limited to,
computer program(s), software, and code; images; photographs; templates;
symbols; texts; accompanying printed materials; and "online" or
electronic documentation, and (2) any supplemental software code and
supporting materials which may be provided to you as part of support
services provided or authorized by ADMINPAL.com for the Product.
B. YOU MAY:
1. install multiple copies of the Product within a single
organization/company for use.
2. make one copy of the Product for archive or backup purposes. You may
also store or install a copy of the Product on a storage device, such as
a network server, used only to install or run the Product on your other
computers over an internal network.
C. YOU MAY NOT:
1. share login names with other companies for use.
2. translate, reverse engineer, decompile, or disassemble the Product,
except to the extent, if any, that such activities are clearly and
expressly permitted by applicable law despite such restrictions.
3. rent, lease, or assign the Product.
4. modify the Product, merge the Product as part of any other product or
collection of products, or create derivative works derived from the
Product, without the prior written consent of ADMINPAL.com.
5. transfer the Product or your rights under this License to someone
else.
6. permit others to perform any of activities (1) - (5) immediately
above.
In addition, in no event do we authorize you or anyone else to use the
Product in applications or systems where the Product's failure to
perform can reasonably be expected to result in significant physical
injury, property damage, or loss of life, including but not limited to
use in hazardous environments requiring fail-safe performance, such as
in the operation of nuclear facilities, aircraft navigation or
communication systems, air traffic control, direct life support
machines, or weapons systems. The Product is not fault-tolerant and is
not designed, manufactured or intended for any such use. Any such use is
entirely at your own risk, and you agree to hold ADMINPAL.com, and its
principals, shareholders, officers, employees, affiliates, contractors,
subsidiaries and parent organizations, harmless from any and all claims
or losses relating to such unauthorized use.
D. TERM:
Your rights regarding the Product under this License shall remain in
effect only as long as you are in full compliance with the terms and
conditions of this License, and shall terminate automatically if you
fail to comply with any such terms or conditions. You agree, upon
termination, to destroy all copies of the Product received, made or used
by you in connection with this License. The Limitations of Warranties
and Liability set out below shall continue in force even after any
termination.
E. OWNERSHIP:
All patents, copyrights, trademarks, trade secrets and other ownership
rights in the Product are and shall remain in ADMINPAL.com or third
parties with which ADMINPAL.com has licensing arrangements. The source
code of the Product and all information regarding the design, structure
or internal operation of the Product are valuable trade secrets of
ADMINPAL.com or third parties with which ADMINPAL.com has licensing
arrangements ("Confidential Information"), provided however, that"Confidential Information" shall not include information which otherwise
would be Confidential Information to the extent that such information
was publicly known prior to the time you received it, or became known to
you through no violation of any of your, or others', confidentiality
obligations to any other party regarding the Product. To the extent, if
any, to which you may learn any Confidential Information, you shall not
sell, transfer, publish, disclose, display, or otherwise permit access
by any third party to, the Confidential Information.
You shall ensure that any copies of the Product that you make or have
made pursuant to this License bear all copyright and other proprietary
notices contained in or affixed to the copy or copies of the Product as
created and packaged by us. All rights of any kind in the Product which
are not expressly granted in this License are entirely and exclusively
reserved to and by ADMINPAL.com.
F. ONLINE DATA TRANSMISSION, PERFORMANCE, AND STORAGE:
1. User agrees that - The ASP version of Adminpal performs the
following:
a. Audited Data collected from Workstations, Servers, Networks, and
other Network devices will be transmitted via a secure 128-bit encrypted
connection to Adminpal.
b. In no event shall ADMINPAL be liable for any direct or indirect
damages whatsoever including, without limitation, damages for loss of
use, data or profits arising out of or in any way connected with the use
or performance of ADMINPAL, with the delay or inability to use ADMINPAL,
or the provision or failure to provide services.
c. ADMINPAL is not responsible for any of your data residing on our
hardware. You are responsible for backing up your data and information
that may reside on ADMINPAL's hardware.
G. LIMITATION OF WARRANTIES AND LIABILITY:
LIMITED WARRANTY AND DISCLAIMER OF WARRANTY
ALL MATERIALS PROVIDED BY ADMINPAL.COM, INCLUDING BUT NOT LIMITED TO THE
PRODUCT, ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND.
FURTHER, ADMINPAL.COM DOES NOT WARRANT THAT ANY SUCH MATERIALS WILL MEET
YOUR REQUIREMENTS, OR THAT THE OPERATION OF SUCH MATERIALS WILL BE
UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF SUCH MATERIALS IS ASSUMED BY YOU. IF ANY SUCH MATERIALS
ARE DEFECTIVE YOU, AND NOT ADMINPAL.COM OR ITS DEALERS, DISTRIBUTORS,
AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE RISK OF SUCH DEFECT(S), AND THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
WITHOUT LIMITING THE ABOVE, THERE IS NO WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MADE BY
ADMINPAL.COM, ON ANY MATERIALS PROVIDED BY ADMINPAL.COM, INCLUDING BUT
NOT LIMITED TO THIS PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY ADMINPAL.COM, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES
SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS
WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. YOU MAY
HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
NEITHER ADMINPAL.COM, ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES,
AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, NOR
ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR
DELIVERY OF ANY MATERIALS PROVIDED BY ADMINPAL.COM, INCLUDING BUT NOT
LIMITED TO THIS PRODUCT, SHALL BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE
SUCH MATERIALS, EVEN IF ADMINPAL.COM HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
H. GENERAL:
This License is the entire agreement between you and us, superseding any
other agreement or discussions, oral or written, and may not be changed
except by a signed agreement. This License shall be governed by and
construed in accordance with the laws of the State of California,
excluding that body of law applicable to choice of law and excluding the
United Nations Convention on Contracts for the International Sale of
Goods and any legislation implementing such Convention, if otherwise
applicable. If any provision of this License is declared by a Court of
competent jurisdiction to be invalid, illegal, or unenforceable, such a
provision shall be severed from the License and the other provisions
shall remain in full force and effect. Exclusive jurisdiction and venue
for all matters relating to this License shall be in courts and fora
located in the State of California, and you consent to such jurisdiction
and venue. There are no third party beneficiaries of any promises or
obligations of ADMINPAL.com herein. Any waiver by us of any violation of
this License by you shall not constitute, nor contribute to, a waiver by
us of any other or future violation of the same provision, or any other
provision, of this License. The parties acknowledge and agree that no
third party (including but not limited to your customers, clients or
licensees) shall have any rights, either against us or our suppliers, as
a third party beneficiary of any rights, licenses, products or services
granted or provided by us to you hereunder.
I: NOTICE:
Any notice to the User or to the Service shall be made via either email
or regular mail. The Service may also provide notices of changes to the
Service Agreement or other matters by displaying notices to Users
generally on the Service. Adminpal may periodically request end users
to participate in polls or questionnaires that may be used to better the
service.
J: TERMINATION (30 DAY EXPIRED TRIAL):
DEMO USER ACCOUNTS WILL BE REMOVED AFTER 30 DAYS OF REGISTERING, AT
WHICH TIME WE MAY SEND AN EMAIL OUT TO THE END USER NOTIFING THEM THAT
THE SERVICE HAS BEEN TERMINATED. WE MAY ALSO INCLUDE A EXIT
TERMINIATION QUESTIONAIR THAT IS OPTIONAL. ONCE THE USER ACCOUNT HAS
BEEN TERMINATED, ALL DATA WILL BE REMOVED FROM OUR SERVERS.
Copyright C 2001 by Adminpal All rights reserved.