FireDaemon Trinity 2.4.2675

EULA - End User License Agreement

FIREDAEMON SOFTWARE LICENSE AGREEMENT (EULA)
REVISION 3.0

You should carefully read this Software License Agreement ("Agreement") prior
to using, installing, copying or duplicating any FireDaemon Technologies
Limited ("FDT") software products named FireDaemon Pro, FireDaemon Trinity,
FireDaemon Pro OEM, FireDaemon Trinity OEM, FireDaemon Fusion and FireDaemon
daeMON ("Software").

By downloading or copying or installing or using the Software you implicitly
agree to all terms and conditions as set out within this Agreement and terms
of use set out below.

This Agreement applies to all versions of the software whether current or
obsolete, supported or unsupported.

This Software product is licensed, not sold. It is, and shall remain at all
times, the absolute and unrestricted property of FDT. Nothing in this Agreement
shall prejudice, impair, jeopardise or otherwise adversely affect the rights of
FDT as sole and exclusive owner of the Software.

MANUFACTURER AND MARKETER

FDT Software is manufactured and marketed by:

FireDaemon Technologies Limited
St John's Innovation Centre
Cowley Road
Cambridge
Cambridgeshire
CB4 0WS
United Kingdom

Email: helpdesk@firedaemon.com

FireDaemon Technologies Limited is a registered company in England and Wales
with company number 5901601. All correspondence regarding this Agreement
should be directed to the address above.

COPYRIGHT AND TRADEMARK

Copyright (C) 1999-2011 FireDaemon Technologies Limited
All rights reserved.

FireDaemon (R) is a registered trademark of James Bourne in the USA
and other countries.

This Software product is a copyrighted work and is protected by international
copyright laws and treaties.

WARRANTY DISCLAIMER

All efforts have been made to ensure that the Software is free from defects.
The Software (including any and all accompanying software, manuals, files,
data and materials) are distributed and provided "as is" without any warranty
whatsoever implied or otherwise.

INDEMNITY AND SPECIAL CONDITIONS

You ("the Customer") hereby indemnify FDT (including all agents, distributors,
sub-contractors, affiliates, branches, outlets and any other persons or
companies associated with FDT worldwide) against any damages or claims that
may arise from the use or misuse of the Software.

Under no circumstances does FDT authorise you to use the Software in
applications or systems where the Software's failure to perform can reasonably
be expected to result in a significant physical injury or loss of life. Any
such use by you is entirely at your own risk, and you agree to hold FDT harmless
from any and all claims or losses relating to such unauthorised use.

In no event will FDT shall be liable for any indirect, incidental or
consequential damages (including, without limitation, indirect, special,
punitive, or exemplary damages for loss of business, loss of profits, business
interruption, loss of data, or loss of business information) arising out of the
use or inability to use the Software even if FDT has been advised of the
possibility of such damages.

GENERAL TERMS OF USE

The Software cannot be used for any purpose, related or otherwise that involves
any illegal or unauthorised attempt to gain access to any computer system, any
act of racism, vandalism, persecution, terrorism, general provoked or
unprovoked aggression or war nor any other illegal, malicious or criminal
activity.

Further, you may not modify, enhance, supplement, create any derivative work
from, adapt, translate, reverse engineer, decompile, disassemble or otherwise
reduce the Software to human readable form.

SPECIFIC TERMS OF USE

For the purposes of this license a workstation or server refers to any physical
computer or virtual machine ("Server") onto which an operating system is
installed.

The Software may only be used after the appropriate license fees have been paid
for in full. The licensee must be in possession of a license for each and every
workstation or server on which the Software is installed.

The Software is licensed in three ways:

1. END USER

The Software is licensed to the Customer for their own use on any owned, rented
or leased Server in their possession.

OR

The Software is licensed to a Customer. The Customer is permitted to
lend the license to their nominated Client ("Client") to install
on the Client's owned, rented or leased Servers.

2. INDEPENDENT SOFTWARE VENDOR ("ISV")

The Software is licensed to the Customer where it is embedded in a discrete
software product or discrete hardware product.

Discrete software product is where the Software is embedded or included
inside a standalone installer (MSI or equivalent) and is optionally made
available for download from a public website.

Discrete hardware is where the Software is installed as part of an application
stack on a hardware appliance that is then sold in its entirety to the
Customer's Client.

In either case The Customer does not normally access, configure or use
the Software for any purpose outside of the ISV's intended use.

3. SERVICE PROVIDER ("SP")

The Customer shall be granted a license to use the Software on their own hardware
for the use of their Clients. This may be by rental or lease to the client.

Service provider explicitly includes Managed Service Provider (MSP), Internet
Service Provider (ISP), Infrastructure as a Service (IaaS), Platform as a Service
(PaaS) Software as a Service (SaaS), Game Service Provider (GSP) or
any other vendor that deploys the Software on demand on their servers that are
then rented to their Clients and where the client may have access to and uses
the Software for their own purposes.

COMPLIANCE AND AUDIT

On FDT's request, and at FDT's expense, FDT may conduct an audit of Customer's
use of the Software. Any such audit shall be conducted during regular business
hours at the Customer's facilities and shall not unreasonably interfere with
Customers's business activities. If an audit reveals that Customer has
underpaid in relation to the actual use of the Software, in addition to other
remedies, the Customer shall be invoiced for such underpaid fees. If the
underpaid fees exceed five percent (5%) of the license fees paid, then Customer
shall also pay FDT's reasonable costs for conducting the audit.

TRANSFER

A license can be transferred from the original licensee to a third party by
advising FDT of the transfer in writing. This transfer can occur only once and
cannot be perpetuated. Upon transfer all obligations of the original licensee
are terminated and transferred to the new owner. The original licensee will
immediately cease using the Software.

The ISV or SP Software license cannot be transferred under any circumstances.

TERMINATION

If you fail to comply with any of the provisions contained herein, FDT shall
have the right to terminate this Agreement immediately without prior notice or
legal proceeding. FDT shall have the right to commence the appropriate legal
proceeding in order to recover costs, losses and damages as a result of the
failure to comply. Upon termination, you must immediately discontinue the use
and redistribution of the Software.