SciTech Software AB

END-USER LICENSE AGREEMENT FOR

.NET Memory Profiler

This End-User License Agreement ("EULA") pertains to the .NET Memory Profiler product (called the "Software" in this Agreement).  Read the terms and conditions of this End-User License Agreement ("EULA") before installing, copying, or otherwise using .NET Memory Profiler.

This End-User License Agreement ("EULA") is a legal agreement between you, (either an individual person or a single legal entity, who will be referred to in this EULA as "you" or "Customer"), and SciTech Software AB ("SciTech").  By clicking "I accept", installing, copying, or otherwise using any part of the above Software, you agree to be bound by the terms of this EULA.  If you do not agree to the terms of this EULA, promptly return the unused Software to your supplier for a full refund.

1.         GRANT OF NON-EXCLUSIVE, LIMITED LICENSE

The Software is licensed, not sold.  Any rights not clearly and expressly granted to you under this EULA are reserved to SciTech.  Provided you have paid all applicable fees and complied with this EULA, then SciTech grants you the following personal, perpetual (subject to termination as set forth below), non-exclusive, non-transferable, limited rights:

a)   If you have acquired a named user license, one named user is permitted to use the software. A Named User is a specific individual designated by you to use the Software. A Named User License may not be used concurrently on different computers. The Named user may install a reasonable number of copies of the Software, for example on a Desktop computer, a Laptop computer, or in a Virtual machine, provided that the specified Named User is the only individual that uses the Software.

b)   If you have acquired a site license, you may install and use the software on all computers on a physical location (a building, or a set of buildings within 10 km of each other, that are utilized by you), use the Software on a network in the same physical location; or copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices. Each employee at the physical location may also install the Software at a single computer outside the physical location for their own use, e.g. a home computer or notebook.

c)   If you have acquired an enterprise license, you may install and use the software on all computers owned by you; or copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices. Each employee may also install the Software at a single computer not owned by you for their own use, e.g. a home computer or notebook.

d)   You may not decompile, disassemble, extract or otherwise reverse engineer any of the Software.  You shall not have the right to obtain or use any source code for the Software, nor copy, reproduce, or distribute the Software except as provided above.  You agree not to rent, lease, or loan the Software. You may not make any commercial use of the Software code except as expressly permitted under this Agreement.

2.         COPYRIGHT

The Software and documentation is copyrighted by SciTech.  SciTech's copyrights include, but are not necessarily limited to © 2002-2011 SciTech Software AB.  All Rights Reserved.  Making unauthorized copies is prohibited by law.  No part of the software or documentation may be reproduced, transmitted, transcribed, stored in a retrieval system or translated into any human or computer language without prior written permission of SciTech. 

3.         WARRANTY, REMEDY, AND LIMITATIONS

A.   SCITECH GRANTS YOU A LIMITED WARRANTY THAT THE SOFTWARE WILL PERFORM IN SUBSTANTIAL ACCORDANCE WITH THE ACCOMPANYING USER MANUAL FOR NINETY (90) DAYS FOLLOWING YOUR RECEIPT OF THE SOFTWARE.  THIS IS YOUR ONLY WARRANTY.

B.   SCITECH'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM YOU MAY HAVE AGAINST SCITECH SHALL BE, AT SCITECH'S OPTION, (I) RETURN OF AMOUNTS PAID FOR THE APPLICABLE SOFTWARE; OR (II) REPAIR OR REPLACEMENT OF SOFTWARE WHICH DOES NOT MEET THE ABOVE LIMITED WARRANTY; PROVIDED YOU RETURN THE SOFTWARE TO SCITECH.

UNLESS OTHERWISE STATED ABOVE, THE SOFTWARE AND THE DOCUMENTATION SOLD WITH THIS PUBLICATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS PARTICULAR PURPOSE.  THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SOFTWARE REMAINS WITH YOU.  IN NO EVENT WILL SCITECH OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, , INCIDENTAL OR INDIRECT DAMAGES, OR OTHER ECONOMIC OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SCITECH RESERVES THE RIGHT TO MODIFY THIS DOCUMENT AT ANY TIME WITHOUT OBLIGATION TO NOTIFY ANYONE.   IN NO EVENT SHALL SCITECH'S OR ITS SUPPLIERS' LIABILITY UNDER THIS AGREEMENT EXCEED THE SUM OF ANY AMOUNTS PAID HEREUNDER BY YOU TO SCITECH OR THE SUPPLIER.

4.         TERMINATION

The license will terminate automatically if you fail to comply with the terms, conditions, or limitations contained in this EULA, including the payment of applicable license or other fees.  On termination, you shall, at SciTech's option, either return to SciTech or destroy all copies of the Software and documentation.  Otherwise, this EULA shall remain in force until terminated.  You may terminate this EULA at any time (with no obligation on the part of SciTech) by destroying all copies of the Software, deleting any copies of the Software from your hard drives, ceasing all use of the Software and documentation; and providing satisfactory proof to SciTech that you have done so.  The disclaimer of warranty and limitations on liability contained in Section 3 shall continue in force even after your rights to use the Software are terminated.

5.         DEMO OR EVALUATION VERSIONS

If SciTech designates the Software as a “Demo”, “Trial”, or “Evaluation” version, then you may use the Software for Evaluation purposes only and test whether it meets your requirements. The Software is equipped with a mechanism that prevents the usage of the Software after a certain period of time has elapsed. You agree that you will delete the Software from all computers systems to which you have installed it when this date has been reached, or purchase a license to allow you to continue using the Software. You acknowledge that any Demo or Evaluation version is merely a technology demonstration that may not be at the level of performance or compatibility of generally available SciTech products.  Demo or Evaluation versions are provided strictly on an "as is" basis and are subject to Section 3, above.

6.         INFRINGEMENT

SciTech shall indemnify and hold you harmless from any claim that the Software infringes or violates any patent, copyright, or other intellectual property right of any third party, provided you give SciTech prompt notice of any such claim and SciTech shall have control of the defense or settlement of any such claim.  If your use of the Software is enjoined or is terminated by any settlement of such a claim, SciTech shall either (1) procure for you the right to continue using the Software, (2) modify the Software so that it retains substantially the same functionality but no longer infringes, or (3) refund a prorated portion of the license fee, based on a 60 month straight line depreciation period.