AggreGate Network Manager 5.11.03

EULA - End User License Agreement

Please Read: If you have any questions or concerns about the license agreement(s) please contact us.

IMPORTANT - READ CAREFULLY: This License Agreement is a legal agreement between You and Tibbo Technology Inc. Read it carefully before completing the installation process and using AggreGate. It provides a license to use AggreGate and contains warranty information and liability disclaimers. BY INSTALLING, COPYING OR OTHERWISE USING THE SYSTEM, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE LICENSE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT.

AggreGate is owned by Tibbo Technology Inc. and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. AGGREGATE IS LICENSED, NOT SOLD.

1. DEFINITIONS.

1. "Vendor" means Tibbo Technology Inc.
2. "AggreGate" or "System" means the product provided to You, which includes all AggreGate system components, such as AggreGate Server, AggreGate Client, AggreGate SDK, system documentation, and any other product or component delivered by Tibbo as a part of AggreGate at the time of purchase.

2. OWNERSHIP. The System is owned and copyrighted by Vendor and/or its licensors. Your license confers no title or ownership in the System and is not a sale of any rights in the System.

3. TRIAL USE. The System may be freely used during the 30 days trial period. The trial mode, as defined by Vendor, provides limited system functionality (which may change from time to time without prior notice). Any attempt to circumvent or bypass trial restriction in any way, shape, or form shall be considered a violation of this EULA.

4. GRANT OF LICENSE. Vendor grants you the following rights provided you comply with all terms and conditions of this agreement. For each license you have acquired for the System:

1. You are granted a non-exclusive right to use and install System.
2. You may allow an unlimited number of users to access or otherwise utilize the services or functionality of the installed System.
3. You may allow a given number of devices to connect to System, as defined by the license limit.
4. You may freely copy the software components of the system, for backup purposes or for installing on additional servers or workstations in your organization.

5. RESTRICTED USE.

1. You agree to use reasonable efforts to prevent unauthorized copying of the System.
2. You may not disable any licensing or control features of the System or allow the System to be used with such features disabled.
3. You may not reverse engineer, decompile, translate, create derivative works, decipher, decrypt, disassemble, or otherwise convert the System to a more human-readable form for any reason.
4. You may not use the System for any purpose that is unlawful.

5. This license applies to updates, upgrades, plug-ins and any other additions to the original System provided by Vendor, unless Vendor provides other terms along with the additional System.

6. TRANSFER. You may make a one-time transfer of the System and Your rights under this license to another party provided that:

1. You provide the party with the System, including all software components, and this license.
2. The party accepts the terms of this license as a condition of the transfer.
3. You notify Vendor of the transfer.

Your rights under this license automatically terminate upon transfer.

7. SUBLICENSING. You may sublicense the System and Your rights under this license to another party provided that:

1. You understand and agree to the terms of this license agreement.
2. The sublicense is a valid, binding license.
3. The sublicense contains terms that are no less restrictive than this agreement (or the same terms as this agreement) and does not contain this right to sublicense.
4. The legal jurisdiction for the sublicense is defined as either that of the Vendor or that of Your corporate head office.
5. You do not make any representations or warranties on behalf of Vendor.
6. You agree to enforce the terms of any sublicense that You are authorized to make. If you fail to do so, you agree that Vendor may take such steps in Your name and as your agent, including legal proceedings if necessary, to enforce the sublicense granted by you.
7. You notify Vendor of the sublicense and any subsequent transfers by the sublicensed party.

8. TERMINATION. Vendor may terminate Your license if You do not abide by the license terms or if You have not paid applicable license fees. Upon termination of license, You shall immediately discontinue the use of the System. Your obligations to pay accrued charges and fees, if any, shall survive any termination of this Agreement. You agree to indemnify Vendor and its licensors for reasonable attorney fees in enforcing its rights pursuant to this license.

9. DISCLAIMER OF WARRANTY. The System is provided on an "AS IS" basis, without warranty of any kind, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the System is borne by you. Should the System prove defective, you, not Vendor or its licensors, assume the entire cost of any service and repair. Vendor makes no representation or warranty that your particular use of the System is or will continue to be authorized by law in your jurisdiction. This disclaimer of warranty constitutes an essential part of the agreement.

10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL VENDOR OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE OR ECONOMIC LOSSES. IN NO EVENT WILL VENDOR OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID TO LICENSE THE SYSTEM, EVEN IF YOU OR ANY OTHER PARTY SHALL HAVE INFORMED VENDOR OR ITS LICENSORS OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM. NO CLAIM, REGARDLESS OF FORM, MAY BE MADE OR ACTION BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE BASIS FOR THE CLAIM BECOMES KNOWN TO THE PARTY ASSERTING IT.

11. APPLICABLE LAW. This license shall be interpreted in accordance with the laws of your local jurisdiction. Any disputes arising out of this license shall be adjudicated in a court of competent jurisdiction in your main place of business.

12. GOVERNING LANGUAGE. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.

13. ENTIRE AGREEMENT. This license constitutes the entire agreement between the parties relating to the System and supersedes any proposal or prior agreement, oral or written, and any other communication relating to the subject matter of this license. Any conflict between the terms of this License Agreement and any Purchase Order, invoice, or representation shall be resolved in favour of the terms of this License Agreement. In the event that any clause or portion of any such clause is declared invalid for any reason, such finding shall not affect the enforceability of the remaining portions of this License and the unenforceable clause shall be severed from this license. Any amendment to this agreement must be in writing and signed by both parties.

Should you have any questions concerning this license, or if you desire to contact us for any reason, please email info@tibbo.com or telephone +886-2-26925443.