End User License Agreement ("EULA")
StarWind Software ("StarWind") End User License Agreement ("EULA")
READ BEFORE COPYING, INSTALLING, OR USING THE SOFTWARE.This EULA is a legally binding agreement between a licensee end user (“End User”) and the licenser StarWind Software (“StarWind”) that defines the terms and conditions governing the use of StarWind’s computer software solutions (“Software”) and designed technical documentation for the use of the Software. By downloading, installing, or otherwise using the Software, or clicking the “I Accept the agreement” option in the License Agreement dialog, the End User agrees to be bound by the terms and conditions of this EULA. If the End User does not agree to or accept the terms of this EULA, the End User may not become a licensee of, and may not access or use, the Software.
ALL VIOLATIONS OF THE TERMS OF THE EULA HEREIN WILL BE PROSECUTED.
1. Grant of License
THE SOFTWARE IS LICENSED, NOT SOLD. The End User acknowledges that no title to the Software is delivered by the license issued by StarWind. The End User may preserve possession of the Software solely by complying with the terms herein. The End User may copy and install the Software onto the number of computer(s) or file server(s) permitted by the purchased license. The End User may make one backup copy of the Software per each purchased license, subject to the following conditions:
- The End User may not copy, modify, rent, sell, distribute, or transfer any part of the Software except as provided in this EULA, and agrees to prevent the unauthorized copying of the Software.
- The End User may not reverse engineer, decompile, or disassemble the Software.
- The End User may not sublicense or permit simultaneous use of the Software by more than one user.
- After the purchase of a license, the End User may install the Software up to the total number of servers as defined in the Licensing policy.
- The Software may include the components that are offered on terms in addition to those set out here. In this case, the terms and conditions are defined in additional licenses accompanying those components.
2. Trial License
STARWIND PROVIDES THE EVALUATION LICENSE THAT COVERS THE INITIAL TRIAL PERIOD OF THIRTY (30) DAYS WHEN THE END USER MAY TEST THE SOFTWARE ON DIFFERENT CONFIGURATIONS. AFTER THE TERMINATION OF THE TRIAL/EVALUATION PERIOD, THE SOFTWARE CANNOT BE USED UNLESS A NEW TRIAL LICENSE KEY IS GENERATED BY STARWIND OR THE COMMERCIAL LICENSE IS PURCHASED BY THE END USER. STARWIND EVALUATION SOFTWARE IS PROVIDED FOR PERSONAL AND INTERNAL USE ONLY AND MAY NOT BE APPLIED FOR COMMERCIAL PURPOSES OR IN PRODUCTION.
3. Not for Resale License (NFRL)
STARWIND ISSUES A “NOT FOR RESALE” LICENSE THAT PROVIDES THE COMPLETE SCOPE OF THE PRODUCT’S FUNCTIONALITY. THIS LICENSE AUTHORIZES THE END USER TO APPLY THE SOFTWARE FOR EVALUATION OR DEMONSTRATION PURPOSES ONLY, AND IS VALID FOR A DEFINED TIME PERIOD.
4. Free License
A free license of the Software is provided with limited functionality and is intended for personal and educational use only. The free license can also be used for commercial purposes upon obtaining written permission from StarWind.
5. Commercial License
Commercial license of the Software is provided with the right for commercial or production use without restrictions. StarWind provides one (1) year of the standard technical support program for all commercial versions of the Software.
6. Copyright and Other Restrictions
Title to the Software and all copies thereof remains with StarWind or its suppliers. The Software is copyrighted and is protected by the laws of the United States and other countries, and international treaties. The End User may not remove any Copyright notice from the Software. StarWind may make changes to the Software, or to the items referenced therein, at any time without notice, but is not obligated to support or update the Software. Except as otherwise expressly provided, StarWind grants no express or implied rights under StarWind Software patents, copyrights, trademarks, or other intellectual property rights. Except as otherwise expressly agreed, the End User may not transfer rights or disclose the Software to any third party, including direct or indirect sublicensing, reselling, renting, distributing, marketing, and commercializing, without the prior consent of StarWind.
7. Technical Support
StarWind provides pre-sale technical support for the trial version of the Software during the evaluation period. Post-sale technical support for commercial versions is provided at the discretion of StarWind Software to the extent that support is specific to the Software under standard technical support program. The premium support program is available to customers for an additional fee. StarWind’s current support programs are described in details at www.starwindsoftware.com/support.
8. Exclusion of other warranties
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSES. StarWind does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links, or other items contained within the Software.
9. Limitation of Liability
IN NO EVENT SHALL STARWIND OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF STARWIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND, THEREFORE, THE ABOVE LIMITATION MAY NOT APPLY TO YOUR COMPANY.
StarWind does not endorse, support, or guarantee performance results that are obtained by using the Software. Any difference in system hardware, software design, or configuration may affect actual performance. Buyers should consult other sources of information to evaluate the performance of the systems or components that they are considering to purchase. The End User agrees to defend, indemnify, and hold StarWind harmless from and against any and all actions, claims, damages, expenses (including attorney's fees) and liabilities arising from the use of the Software.
11. Agreement Termination
StarWind may terminate this EULA at any time if the End User violates its terms. Upon termination, the End User should immediately uninstall the Software and return all copies of the product to StarWind.
12. U.S. Government End User
The Software is provided with "RESTRICTED RIGHTS". Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR 52.227-14 and DFAR 252.227-7013 et seq. or its successor. Use of the Software by the U.S. Government constitutes acknowledgment of StarWind’s proprietary rights therein. The Contractor or Manufacturer is StarWind at its legal registration address.
13. Applicable Law and Export Controls
Claims arising under this EULA shall be governed by the laws of Massachusetts, regardless of its choice of law principles, and the United Nations Convention on Contracts for the Sale of Goods. The End User may not export the Software, services, technical information, or any other Software-related materials in violation of applicable export laws and regulations. StarWind is not obligated under any other agreements unless they are made in writing and signed by an authorized representative of StarWind.