L i c e n s e A g r e e m e n t &
L a c k o f   W a r r a n t y
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT")
CAREFULLY. BY DOWNLOADING, INSTALLING, COPYING OR USING THE BIG
BROTHER SOFTWARE (THE "PRODUCT"), YOU INDICATE ACCEPTANCE OF AND
AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT
AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE PRODUCT.
- LICENSE AGREEMENT
As used in this Agreement, "Quest" shall mean Quest
Software, Inc. If more than one license agreement was provided for the
Product, and the terms vary, the order of precedence of those license
agreements is as follows: a signed agreement, this agreement, a printed or
electronic agreement that states clearly that it supersedes other agreements,
a printed agreement provided with the Product, an electronic agreement provided
with the Product.
- LICENSE GRANT
Quest grants Licensee a non-exclusive and non-transferable
license to use the Product. Licensee may not use the product for commercial
purposes beyond an initial thirty (30) day evaluation period without the
purchase of a commercial license from Quest. Commercial purposes include any
activity engaged in for the purpose of directly generating revenue or in
support of activity that generates revenue or in conjuction with or as a
replacement for elements of Big Brother Professional Edition. This license
does not entitle Licensee to receive from Quest hard-copy documentation,
technical support, telephone assistance, or enhancements or updates to the
Without Quest's prior written consent, Licensee shall not
create any derivative works of the licensed Software or documentation,
including translation or localization; redistribute, encumber, sell, rent,
lease, sublicense, or otherwise transfer rights to the licensed Software.
Licensee may not decompile, disassemble, reverse engineer, or otherwise
attempt to derive the source code for the Products distributed in binary
form. Licensee shall not remove or alter any trademark, logo, copyright or
other proprietary notices, legends, symbols or labels in the licensed Software.
There is no license fee for the non-commercial use of the Product.
However, except for those taxes which are based upon Quest's income, Licensee
shall pay any and all taxes which may become due based upon the Products
licensed under this Agreement.
Quest may terminate this Agreement for convenience at any
time upon thirty (30) days notice at http://bb4.com/license.html. Quest may
also terminate this Agreement immediately if Licensee breaches any of its
terms and conditions. Upon termination, Licensee shall destroy all copies of
- PROPRIETARY RIGHTS
Title, ownership rights, and intellectual property
rights in the Product shall remain in Quest and/or its suppliers. Licensee
acknowledges such ownership and intellectual property rights and will not take
any action to jeopardize, limit or interfere in any manner with Quest's or its
suppliers' ownership of or rights with respect to the Product. The Product is
protected by copyright and other intellectual property laws and by
- DISCLAIMER OF WARRANTY
DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED FREE OF CHARGE, AND
THEREFORE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF
DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE,
FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS
AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT WILL QUEST OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO
USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS
OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF,
AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE)
UPON WHICH THE CLAIM IS BASED. IN ANY CASE, QUEST'S AND ITS AFFILIATES' ENTIRE
COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN
THE AGGREGATE THE GREATER OF FIVE DOLLARS ($5.00) OR THE SUM OF THE FEES
LICENSEE PAID FOR THIS LICENSE (IF ANY) UNDER THIS AGREEMENT. QUEST IS NOT
RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A
THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED
THROUGH SUCH CONTENT.
- EXPORT CONTROL
Licensee agrees to comply with all export laws and
restrictions and regulations of the United States or foreign agencies or
authorities, and not to export or re-export the Product or any direct product
thereof in violation of any such restrictions, laws or regulations, or without
all necessary approvals. As applicable, each party shall obtain and bear all
expenses relating to any necessary licenses and/or exemptions with respect to
its own export of the Product from the U.S. By downloading or using the
Product, Licensee agrees to the foregoing and represents and warrants that it
complies with these conditions.
- U.S. GOVERNMENT END-USERS
The Product is a "commercial item," as that
term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
computer software" and "commercial computer software documentation," as such
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
Government End-Users acquire the Product with only those rights set forth
This Agreement constitutes the entire agreement between the
parties concerning the subject matter hereof, and may be amended only by a
writing signed by both parties. This Agreement shall be governed by the laws
of the State of California, U.S.A., excluding its conflict of law provisions.
All disputes relating to this Agreement are subject to the exclusive
jurisdiction of the courts of California and you expressly consent to the
exercise of personal jurisdiction in the courts of California in connection
with any such dispute including any claim involving Quest. This Agreement
shall not be governed by the United Nations Convention on Contracts for the
International Sale of Goods. If any provision in this Agreement should be
held illegal or unenforceable by a court of competent jurisdiction, such
provision shall be modified to the extent necessary to render it enforceable
without losing its intent, or severed from this Agreement if no such
modification is possible, and other provisions of this Agreement shall remain
in full force and effect. A waiver by either party of any term or condition
of this Agreement or any breach thereof, in any one instance, shall not waive
such term or condition or any subsequent breach thereof. If any dispute
arises under this Agreement, the prevailing party shall be reimbursed by the
other party for any and all legal fees and costs associated therewith.
- LICENSEE OUTSIDE THE U.S.
If Licensee is located outside the U.S., then
the provisions of this Section shall apply. (i) Les parties aux presentes
confirment leur volonte que cette convention de meme que tous les documents y
compris tout avis qui s'y rattache, soient rediges en langue anglaise.
(translation: "The parties confirm that this Agreement and all related
documentation is and will be in the English language.") (ii) Licensee is
responsible for complying with any local laws in its jurisdiction which might
impact its right to import, export or use the Product, and Licensee represents
that it has complied with any regulations or registration procedures required
by applicable law to make this license enforceable.
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Copyright © 2004 Quest Software. All rights reserved.