ARANDA CMDB Services/Applications/Platforms Terms and Conditions of Use
THIS DOCUMENT CONTAINS INFORMATION ON WARRANTIES AND DISCLAIMERS. BY USING THE ARANDA CMDB SERVICES/APPLICATIONS AND PLATFORMS, YOU ACCEPT THE SOFTWARE TOGETHER WITH THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT. ARANDA CMDB SERVICES/APPLICATIONS AND PLATFORMS, YOU ACCEPT THE SOFTWARE TOGETHER WITH THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE THE SERVICES/APPLICATIONS AND PLATFORMS OF ARANDA CMDB SERVICES/APPLICATIONS AND PLATFORMS AND UNINSTALL THE SOFTWARE.
- "ARANDA" means Aranda Software Corp. and its licensors, if any. Aranda is the licensor of the Software.
- "Software" means the Aranda and third party computer program(s), in both cases in object code form only, provided by Aranda in the enclosed package and other documentation, media and media, printed materials and electronic or online documentation. The "Software" also includes the base programmes of thee database programs on which the ARANDA CMDB software and all data contained in such database.
- The Software consists of client modules, server modules and console modules. You may install and use the Software on the number of personal computers with Windows Operating System specified in the header of this agreement. To install and run the server modules, you must have a Windows Server Operating System server and a Server with SQL Server Database Engine, which meet the minimum requirements presented for your purpose. Notwithstanding the provisions of this document, you may not use the Software on any product other than a PC or Android and/or iOS Mobile Devices, in accordance with the solution that has been purchased. The licence for the Software may not be shared, installed or used at the same time on multiple computers such that the total number of computers having the Software installed exceeds the number stipulated in the header.
- If you received the software as an evaluation copy, you will not be able to use the software or the database more beyond the evaluation term stipulated in the evaluation documentation. Once the evaluation has expired, you must uninstall and delete the software and delete any files or databases created by the software.
- The software contains a database designed for use by the software. You may not use the database for any other purpose. If you wish to use the database with any other software not provided by Aranda, you must first obtain written permission from Aranda.
- You may make one copy of the Software in read-only format for backup purposes only. Each such copy must include all copyright notices and other proprietary legends included on the original copy of the Software.
- You hereby agree that Aranda may test your use of the Software, upon receipt of appropriate notice sent in advance of the visit, to determine compliance with the terms and conditions set forth herein.
- No exclusive rights are granted hereunder.
- This document does not grant you certain rights, but these may be available under a separate agreement. If you wish to enter into a Distribution Agreement, please send an email to the following address: infochannel@Arandasoft.com.
- Other than as provided in Section 2, you may not create copies of the Software, distribute copies of the Software, or transfer the Software in electronic form from one computer to another or over a network.
- You may not alter, consolidate, modify, adapt, translate, decompile, reverse engineer, disassemble or reduce the Software to a human-perceivable form.
- You may not sell, lease, rent, lease by demonstration, or sublicense, or sub-license the software.
- You may not modify the Software or create derivative works based on the Software.
- You may not export the software to any country prohibited by the export laws of the United States of America (Export to the United States of America, Export to the United States of America, Export to the United States of America, Export to the United States of America).Export Administration Act) and its derived regulations.
- If you fail to comply with these terms and conditions, Aranda shall have the right to terminate the licence and you must destroy all copies of the Software; however, all other rights applicable to both parties, together with the other provisions of these terms and conditions, shall survive termination of these terms and conditions and shall remain in full force and effect.
The foregoing license grants you a limited license to use the Software. Aranda and its suppliers shall retain all rights, title and interest, including copyright and intellectual property rights, in and to the Software and any copies thereof. All other rights not specifically provided herein, including national and international copyright rights, shall be reserved to Aranda and its suppliers.
- THIS SOFTWARE IS DELIVERED AS IS. ARANDA PROVIDES TECHNICAL SUPPORTÉARANDA PROVIDES LIMITED TECHNICAL SUPPORT AND A LIMITED WARRANTY FOR THE SOFTWARE.
- ARANDA AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO WARRANTY OF NON-INFRINGEMENT AND NO WARRANTY OF TITLE OR FITNESS FOR A PARTICULAR PURPOSE IS MADE. ARANDA DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE OR THAT IT WILL OPERATE UNINTERRUPTED. THE DESIGN, PURPOSE AND LICENSE OF THE SOFTWARE DO NOT CONTEMPLATE THE USE OF THE SOFTWARE IN HAZARDOUS LOCATIONS WHERE FAILURE CONTROL SYSTEMS ARE REQUIRED, SUCH AS IN THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT COMMUNICATION OR NAVIGATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, HEART-LUNG MACHINES OR WEAPONS SYSTEMS. ARANDA HEREBY SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF FITNESS OF THE PRODUCT FOR THE PURPOSES SET FORTH ABOVE.
- IN CASE AT WHERE APPLICABLE LAW PROVIDES FOR THE APPLICATION OF WARRANTIES WITH RESPECT TO THE SOFTWARE, SUCH WARRANTIES SHALL BE LIMITED TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
- NO WRITTEN OR ORAL INFORMATION OR ADVICE GIVEN BY ARANDA, ITS REPRESENTATIVES, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CONSTITUTE ANY WARRANTY OR GUARANTEE OR IN ANY WAY EXTEND THE INTENT OF ANY WARRANTIES SET FORTH HEREIN.
- (Only (United States of America only) EXCLUSION OF IMPLIED WARRANTIES IS NOT ALLOWED IN SOME STATES, THEREFORE, THE FOREGOING MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, AS WELL AS OTHER LEGAL RIGHTS WHICH MAY VARY FROM STATE TO STATE.
- ARANDA AND ITS SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INABILITY TO USE THE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION OR THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE AND BASED ON ANY THEORIES OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT-SPECIFIC LIABILITY, EVEN IF ARANDA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IF A REMEDY SET FORTH HEREIN IS FOUND TO BE INEFFECTIVE FOR THE PURPOSE FOR WHICH IT WAS PROVIDED.
- ARANDA'S FULL RESPONSIBILITY FOR A ACTUAL DAMAGES ARISING FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO $50 OR THE AMOUNT PAID FOR THE SOFTWARE (WHICHEVER IS GREATER) THAT CAUSED THE DAMAGE.
- (United States of America only) LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL DAMAGES NOT ALLOWED IN SOME STATES
- OR EMERGING, THEREFORE, THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND OTHER LEGAL RIGHTS MAY ALSO APPLY TO YOU DEPENDING ON THE STATE IN WHICH YOU RESIDE.
- THE AFOREMENTIONED LIMITATIONS OF LIABILITY ONLY APPLY ONLY TO THE WARRANTIES AND DISCLAIMERS SET FORTH ABOVE., AS WELL AS TO THE OTHER ASPECTS INCLUDED IN THIS DOCUMENT.
The Disclaimer, Exclusive Remedies and Limited Warranty set forth above are fundamental elements of the agreement between you and ARANDA. Aranda will not be able to provide the Software to you at a reduced amount without such limitations. The Disclaimer of Warranty, Exclusive Remedies and Limited Warranty are for the benefit of Aranda's licensors.
The limitations or exclusions of warranties and liabilities set forth herein shall not affect the statutory rights of consumers (i.e., those persons who purchase a product other than for commercial purposes).
The limitations or exclusions of warranties, remedies or liabilities set forth herein shall apply to you only only if such limitations or exclusions are possible under applicable local law.
The Software may include third party software that requires consent to additional notices or terms and conditions.
Aranda and the other trademarks included in the Software are either registered trademarks or trademarks of ARANDA SOFTWARE CORP. in the United States of America and other countries. The trademarks of third parties, as well as their brand names, product names and logos, are registered trademarks or trademarks of their respective owners. You may not remove or alter any trademark, trademark, trade name, product name or logo notices, legends, symbols or labels contained in the Software. This document does not authorise the use of the Aranda name or the names of its licensors or their respective trademarks.
This document shall be governed by the international laws of the State of Florida, except for its conflict of law provisions. You hereby agree that all disputes relating hereto shall be submitted exclusively to the state courts of Dade County, Florida, or to the federal courts of the State of Florida.
This document shall not be governed by the United Nations Convention on the International Sale of Goods.
This document constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes any prior agreements or contracts, whether oral or written. You also hereby agree that any variation or additional terms contained in any purchase order or other written notices or documents issued by you in relation to the Software licensed hereunder shall have no effect. Any failure or delay by Aranda in enforcing its rights hereunder or arising from a breach hereunder shall not constitute a waiver by Aranda of such rights.
No distributor, agent or employee of Aranda is authorized to modify this document.
In the event that any provision of this document is declared unlawful by any court of competent jurisdiction, such provision shall be enforced to the fullest extent permitted by law; all other provisions of this document shall not be affected and shall remain in full force and effect.