WORKSCAPE END USER LICENSE AGREEMENT
THIS END USER LICENSE AGREEMENT ("Agreement") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AND THE AUTHOR ("AUTHOR," I.E., PANOGARD) OF WORKSCAPE. PLEASE READ THIS AGREEMENT CAREFULLY AND PRINT OUT A COPY FOR YOUR RECORDS. THIS AGREEMENT SUPERSEDES PREVIOUS VERSIONS.
BY CLICKING ON THE "I Agree" BUTTON AND DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING WORKSCAPE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON AND/OR DO NOT DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
1. SOFTWARE: As used in the Agreement, the term "Software" refers to the Author's software which you have selected to download. The term "Software" also shall include any upgrades, modified versions, or updates of the Software.
2. GRANT OF LICENSE: Subject to the terms of the Agreement, the Author hereby grants you a non-exclusive, non-transferable right to: (i) install the Software, (ii) use the Software for your internal use, and (iii) copy the Software for back-up or archival purposes. Notwithstanding the foregoing, you acknowledge and agree that, depending on the version (free, trial, or fully licensed, i.e., paid) of the Software, certain restrictions may apply to your use of the Software and certain features of the Software ("Special Features") may be unavailable to you or available subject to certain limitations, as follows:
2.1 FREE VERSIONS: Free versions of the Software are beta (testing) versions with all features active but with possible software bugs (minor defects) that have not yet been discovered by the Author. If you receive a free version, you may use the Software without time limit until the testing period ends, which may occur at any time. You will be notified of the end of the testing period when you log into your online administrative panel. At the end of the testing period, your free version will be disabled, and you may be asked purchase a fully licensed version of the Software if you wish to continue using it. Purchasing a license may or may not allow you to view current and past reports generated by the free version Software. Alternatively, at the end of the testing period, the Author may, at his discretion, disable the free version and delete your account, including all logs and reports, without providing any option to continue using the Software.
2.2 TRIAL VERSIONS: Trial versions of the software are not beta, or testing versions. However, if you have received a free trial license key for the Software, you may not be able to access the Special Features of the Software during the trial period (the "Trial Period"). If you pay the applicable one-time license fee for the fully licensed version of the Software and install a license key (as described in Section 6, License Keys), the Special Features of the Software will become operable.
2.3 FULLY LICENSED VERSIONS: If you paid the applicable license fee and received a fully licensed version of the Software, you are able to access all features of the Software. Please note that the author provides the product on the "try before you buy" principle and does not accept returns of the purchased copy of the product: you are provided with a limited version of the product that you are invited to evaluate for an evaluation period (usually one year) pursuant to Section 2.2 before agreeing to purchase the full-featured license by ordering the applicable license key. Purchase of a full license allows you to monitor only the specific computers that you initially register with Panogard; you cannot monitor any other computers during the term of the license.
2.4 EXPIRATION OF LICENSE: The license for some versions of Panogard Software is valid for a specific period of time after which the license expires. When a Software license expires, most functions of the Software are disabled and can be re-enabled only by re-activation of the Software using a new license key.
3. TECHNICAL SUPPORT: Subject to payment of the applicable license fee, the Author will provide you with technical support, free of charge, for a limited period commencing on your payment of such license fee. You may obtain continued technical support for a specified period of time by paying the Author's applicable then-current fee for Subscription Services and installing the applicable license keys, provided that such option is made available to you.
4. LICENSE RESTRICTIONS: You may not: (i) reverse engineer, decompile, or disassemble the Software; (ii) modify, or create derivative works based upon the Software in whole or in part; (iii) distribute copies of the Software; (iv) remove any proprietary notices or labels on the Software; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software. Any use in violation of this section shall immediately terminate your license to use the Software. Your Software license is additionally restricted to use only on the computer and the operating system version on which it is first activated.
5. THIRD PARTY SOFTWARE: Certain third-party software may be included with Panogard Software and is subject to additional terms and conditions imposed by the third-party licensor(s). A description of, and links to the terms and conditions of any third-party software are presented in the "licenses" folder in the Panogard Software installation folder and those terms and conditions are deemed incorporated herein by reference.
6. LICENSE KEYS: You acknowledge that the Software may require a license key in order to operate. If you pay the applicable license fee for the Software, the Author will provide you an initial license key for installation with the Software which will enable you to use the Software (including Special Features) during the term of your license. You agree not to purchase any license keys or similar computer code for the Software from any source other than the Author or the Author's authorized partners.
7. WARRANTY
7.1 GENERAL: Panogard Software is provided to you at minimal charge. The Author does not guarantee that use of the Software will be uninterrupted or error-free. The Author does not guarantee that the information accessed by the Software will be accurate or complete. You acknowledge that performance of the Software may be affected by any number of factors, including without limitation, technical failure of the Software, the acts or omissions of third parties, and other causes reasonably beyond the control of the Author. Certain features of the Software may not be forward-compatible with future versions of the Software and use of such features with future versions of the Software may require purchase of the applicable future version of the Software.
7.2 AS IS SALE: Except for the limited warranties set forth in Section 7.1, you agree that the Author and its licensors have made no express warranties, oral or written, to you regarding the Software and subscription services and that the Software and subscription services are being provided to you "as is" without warranty of any kind. You acknowledge that the entire risk as to the quality and performance of the Software and/or subscription services is with you. Should the Software and/or subscription services prove defective, you (and not the Author, the retailer, or any distributor) assume the entire cost of all necessary repairs.
7.3 DISCLAIMER: The Author disclaims any and all other warranties, whether express, implied, or statutory, including but without limitation (i) the implied warranties of noninfringement of third party rights, merchantability, or fitness for a particular purpose; (ii) that the Software or subscription services will avert or prevent all occurrences (or the consequences therefrom) that the Software or subscription services are designed to detect and/or prevent; or (iii) that any information accessed by the Software or subscription services will be accurate or complete. This warranty disclaimer affects your legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to you.
8. PROTECTION OF YOUR PRIVACY: When you agree to the license agreement, you agree to provide your valid email address and a password you select in order to register the Software with Panogard, and you agree to send to Panogard information about your computer system necessary to license and install the Software, such as computer names and computer, processor, and system versions and IDs. Panogard does not share this information with any other third party. The Software does not collect personally identifiable information or sensitive personal information via the client installation or the online administrative panel.
9. TERMINATION: The Agreement shall terminate automatically if you fail to comply with the terms of the Agreement. No notice shall be required from the Author to effect such termination. You may also terminate the Agreement at any time by notifying the Author in writing of termination. Upon any termination of the Agreement, you must uninstall and destroy all copies of the Software.