VisualPulse enables 24x7 Web-based monitoring of Web pages, servers, and network nodes, providing web-based reports for Ping, HTTP, SNMP, and TCP performance. Automated alerts provide instant problem notification, and automated capture of traceroute diagnostics enables analysis of availability problems regardless of when the disruption occurred. Easy-access HTML reports includes standard and customizable reporting options.
» version 5.1d - posted on 2005-04-25
VISUALPULSE LICENSE AGREEMENT
This License Agreement is a legal agreement between you (an individual or an entity) and Visualware Inc. for the SOFTWARE PRODUCT identified above, which includes computer software and electronic documentation. You should carefully read the following terms and conditions before using the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is licensed, not sold. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. By installing, copying, or otherwise using the SOFTWARE PRODUCT, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to use the SOFTWARE PRODUCT.
1. GRANT OF LICENSE. Visualware grants you the non- exclusive right to install and use the SOFTWARE PRODUCT on a single computer system. If you install the trialware version of the SOFTWARE PRODUCT, you have 15-days in which to try the SOFTWARE PRODUCT before you must purchase a License key. This license is not transferable. The SOFTWARE PRODUCT must be purchased for each and every computer system that it is used on.
2. RESTRICTIONS. (A) You must comply with all applicable laws regarding the use of the SOFTWARE PRODUCT. (B) You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT. (C) You may not rent or lease the SOFTWARE PRODUCT. (D) You may not distribute copies of the activated SOFTWARE PRODUCT to third parties. (e) You accept our right to audit your compliance with this agreement by monitoring computer and product usage.
3. TERMINATION. Visualware may terminate this license agreement if you fail to comply with the terms and conditions of this license agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT.
4. NO WARRANTY. Any use of the SOFTWARE PRODUCT is at your own risk. To the maximum extent permitted by applicable law, Visualware and its suppliers disclaim all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
5. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Visualware or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT, even if Visualware has been advised of the possibility of such damages.
6. LIMITATION OF LIABILITY. Visualware entire liability and your exclusive remedy under this License Agreement shall not exceed your purchase price.