1. IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH ANY GMETRIX PROGRAM INSTALL:
GMETRIX LLC (GMETRIX) End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and
GMETRIX for the GMETRIX software product(s) identified above which may include associated software components, media, printed materials,
and "online" or electronic documentation ("SOFTWARE PRODUCT"). By signing this document, or by installing, copying, or otherwise using the
SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the
program between you and GMETRIX, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between
the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
2. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
3. GRANT OF LICENSE
The SOFTWARE PRODUCT is licensed as follows:
A. Installation and Use
GMETRIX grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the
operating system for which the SOFTWARE PRODUCT was designed. If a multi-user license has been purchased, such as a seat or site license,
then the SOFTWARE PRODUCT may be used on a number of computers equal to the number of seat licenses purchased. In the case of a site license
the software may be installed on any number of computers within the confines of the physical site for which the license was obtained. Students
who have access to the SOFTWARE PRODUCT within a licensed organization may also install the SOFTWARE PRODUCT on one home computer.
B. Licensed Organization
If the SOFTWARE PRODUCT is licensed for use by an organization, that organization must be registered for that purpose in the GMETRIX
administrative system. The organization represents that the information provided is correct. Failure to provide correct information or to misrepresent
the nature of the organization will result in termination of the license.
C. Backup Copies
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
A. Maintenance of Copyright Notices
You must not remove or alter any copyright notices on any copies of the SOFTWARE PRODUCT.
B. Distribution
You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from GMETRIX's websites may be freely distributed.
C. Prohibition on Reverse Engineering, De-compilation, and Disassembly
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
D. Rental
You may not rent, lease, or lend the SOFTWARE PRODUCT.
E. Support Services
GMETRIX may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code
provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
F. Compliance with Applicable Laws
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
5. TERMINATION
Without prejudice to any other rights, GMETRIX may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event,
you must destroy all copies of the SOFTWARE PRODUCT in your possession.
6. COPYRIGHT
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by GMETRIX or its suppliers.
All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective
content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content.
All rights not expressly granted are reserved by GMETRIX.
7. NO WARRANTIES
GMETRIX expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any
kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. GMETRIX does not warrant or assume
responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. GMETRIX makes no
warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. GMETRIX
further expressly disclaims any warranty or representation to Authorized Users or to any third party.
8. LIMITATION OF LIABILITY
In no event shall GMETRIX be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out
of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if GMETRIX has been advised of the possibility of such damages. In no event will
be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise.
GMETRIX shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions
contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral
rights or the disclosure of confidential information.
