Virtual WebMux Network Traffic Manager – End User Product License Agreement
To request a Virtual WebMux Appliance for evaluation or purchase, please read this End User Product License Agreement. At the end, you will be taken to the Virtual WebMux Appliance Request Form.
PRIOR TO THE INSTALLATION AND USE OF AVANU’S VIRTUAL WEBMUX™ NETWORK TRAFFIC MANAGER ON ANY COMPUTER SYSTEM, PLEASE READ THIS END USER PRODUCT LICENSE AGREEMENT CAREFULLY.
It is important to understand and agree you as an individual or legal entity AND ITS REPRESENTATIVES OR AGENTS (hereinafter the “USER”) are bound by the terms of this End User PRODUCT License Agreement (hereinafter the “agreement”) when the VIRTUAL WEBMUX NETWORK TRAFFIC MANAGER (HEREINAFTER “PRODUCT”) is downloaded, installed, or used. Do not download, install or use THE PRODUCT if you do not agree to the terms of this LICENSE Agreement.
THIS IS A LEGAL AGREEMENT BETWEEN THE LICENSED USER AND AVANU, INC. AND ITS SUBSIDIARIES AND AFFILIATES (HEREINAFTER “AVANU”). THE LICENSED USER IS LEGALLY BOUND BY THE TERMS IN THIS AGREEMENT. THIS AGREEMENT SUPERSEDES ALL PREVIOUS VERSIONS AND IT IS HIGHLY RECOMMENDED THE LICENSED USER MAINTAIN A SOFT OR HARD COPY OF THIS AGREEMENT FOR REFERENCE.
PRODUCT EVALUATION. THIS AGREEMENT ALLOWS A USER TO DOWNLOAD, INSTALL, AND USE THE PRODUCT FOR EVALUATION OR TESTING PURPOSES IN A NON-PRODUCTION ENVIRONMENT FOR A PERIOD UP TO THIRTY DAYS UPON INSTALLATION WITHOUT HAVING TO PURCHASE A PRODUCT LICENSE FOR USE. UNDER THE EVALUATION PERIOD, THE PRODUCT IS PROVIDED “AS-IS” WITHOUT INDEMNIFICATION, SUPPORT, OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED.
PRODUCT LICENSE. USER AGREES TO ABIDE BY THE TERMS OF THIS AGREEMENT BƒY PURCHASING A PRODUCT LICENSE TO LEGALLY USE THE PRODUCT FEATURES AND FUNCTIONS FOR ITS INTENDED USE ACCORDING TO THE ACCOMPANIED USER GUIDE OR OTHER RELATED PRODUCT MATERIALS. THIS IS A SINGLE PRODUCT LICENSE FOR USE ONLY AND NOT SOLD THAT IS NON-EXCLUSIVE, NON-TRANSFERABLE, AND GRANTS THE USER TO LEGALLY USE ONE PRODUCT COPY BY THE TERMS OF THIS AGREEMENT. ALL RIGHTS OF THE PRODUCT REMAINS THE PROPERTY OF AVANU. IF USER CHOOSES NOT TO PURCHASE THE PRODUCT LICENSE, USER AGREES TO REMOVE AND DELETE ALL PARTS OF THE PRODUCT DOWNLOADED AND INSTALLED AND CEASE USING THE PRODUCT.
If there are questions regarding this End User Product License Agreement, contact AVANU at 1.888.248.4900 U.S. toll free, 1.408.248.8960 International (Extension 201), or by email firstname.lastname@example.org.
This Agreement is between AVANU, Inc. (“AVANU”) and User who downloads, copies, installs or uses the Product, which accompanies this Agreement.
User acknowledges that User has read this Agreement, understands it, and agrees to be bound by it. If User does not agree to all of the terms in this Agreement, User should not access or otherwise utilize the Product because no license shall have been granted thereto.
This Agreement gives the User the right to download, install or use the Product License purchased from AVANU, its resellers, or agents pursuant to a purchase agreement, contract, sales order, invoice, or similar document (hereinafter the “Purchase Contract”). AVANU is willing to grant User the right to access and use the Product only if User accepts all of the terms of this agreement, and pays or has paid AVANU, its resellers, or agents the full purchase price (including all applicable taxes and fees) for use of the license to the Product purchased.
This Agreement gives the User the right to download, install or use the Product for evaluation or testing purposes in a non-production environment for a period of up to thirty days upon installation without having to purchase the Product license. Under the evaluation period, the Product is provided “as-is” without indemnification, support, or warranty of any kind, express or implied. The User has the right to continue using the Product in a non-production or production environment upon the purchase of the Product License from AVANU, its resellers, or agents pursuant to a Purchase Contract. If User chooses not to purchase the Product license after the thirty days evaluation period, User shall remove and delete all parts the Product downloaded and installed and cease using the Product. Continued Product use after the thirty days evaluation period without the purchase is a violation of the Agreement as well as International treaty provisions and copyright laws.
1. Product License Grant.
In consideration of payment of the purchase price for the right to use the Product, and User’s adherence to all provisions of this Agreement, AVANU grants User a limited non-exclusive, non-transferable serialized license, and license key code (hereinafter the ‘License”) to access and use the Product for the sole purpose of accessing the Product license purchased under the Purchase Contract. Each license purchased is one registered copy of the Product to be installed and operated on a single virtual machine server for which you have paid the license fee.
User may make one copy of the licensed registered Product solely for backup or archival purposes.
User may not use, copy, modify, or transfer the Product to others, in whole or in part, except as expressly provided by this Agreement. User is licensed to use Product’s features and functions for its intended use according to the accompanied user guide, documents, or other related materials.
The Product contains trade secrets of AVANU, and User may not reverse engineer, disassemble, decompile, or translate the Product or otherwise attempt to derive their source code, the source code through which the Product are accessed, or authorize any third-party to do any of the foregoing. All product intellectual property, rights, titles, and interests (inclusive without limitations to product code, plug-ins or applets, development, inventions, processes, designs, drawings, engineering, configurations, documentation, and marketing material) are the property of AVANU and is globally protected and subject to all applicable patent, copyright, trade secret, trademark, and other proprietary laws and rights.
The Product is a license, not sold, to User for use only under the terms of this Agreement, and AVANU reserves all rights not expressly granted to User. The license granted hereunder is licensed to User, and any attempt by User to transfer any of the rights, duties, or obligations hereunder shall terminate this Agreement and be void. User may not rent, lease, loan, resell, or distribute the Product or any part thereof in any way including, but not limited to, making the Product available to others via shared access to a single computer, a computer network, or by sharing access information, including the Product License, User’s Username and/or Password.
This Agreement will terminate immediately if User breaches any term of this Agreement. Further, in the event of termination or expiration of any agreement between AVANU and a third-party content provider or licensor of all or a part of the Product, User’s right to access and use the Product may also terminate or expire without prior notice to User. User may terminate this Agreement at any time by notifying AVANU in writing. Upon receipt of notice of termination from User, the User shall remove and delete all parts the Product downloaded and installed and cease using the Product. Upon termination, any refund to which User may be entitled shall be determined in accordance with the terms of the applicable Purchase Contract.
4. Content Maintained by AVANU
User acknowledges and understands that: (a) AVANU may, from time to time, elect to update the Product, but AVANU does not warrant or guarantee that any Product or other information accessed through AVANU’s website or other sources will be updated at any time during the term of this Agreement; (b) AVANU may elect to upgrade the Product with new features and functions that requires the User to purchase a new or upgraded Product license to use; and (c) AVANU does not recommend, warrant, or guarantee the use or performance of any third party software or service described in the Product or elsewhere in AVANU’s website or documentation, and AVANU is not responsible for malfunction of such third party software or services due to errors in the Product, User’s negligence, or otherwise. User agrees to seek additional information on any third party software or service from the respective third party. User covenants that it will use the Product only for their intended use.
5. Limited Warranty
AVANU warrants that the Product will perform substantially in accordance with the accompanying materials for a period of one year from the date of Product purchase (hereinafter “Limited Warranty”). If an implied warranty or condition is created by User’s state /jurisdiction and/or federal or state/provincial law prohibits disclaimer thereof, User has also an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY PERIOD OF ONE YEAR AS TO ANY DEFECTS DISCOVERED AFTER THE ONE YEAR PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply. Any supplements or updates to the Product, including, without limitation, any updates (if any) provided to User after the expiration of the one year Limited Warranty period are not covered by any warranty or condition, express, implied, or statutory.
To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND AVANU DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of AVANU is authorized to make any other warranties or to modify this Limited Warranty.
6. Warranty Disclaimer
The Limited Warranty above is the only express warranty made to User and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communication. Except for the Limited Warranty, and to the maximum extent permitted by applicable law, AVANU and its suppliers provide the Product and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied, or statutory, including, but not limited to, any implied warranties, duties, or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support or other services, information, Product, and related content for or through the Product, or otherwise arising out of the use of same. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
7. Limitation of Liability
The User assumes the entire risk of the Product. Except as specifically provided herein, neither AVANU, its affiliates, resellers, agents, or licensors, if any, shall be liable for any claim, demand, or action arising out of, or relating to, User’s use of the Product or AVANU’s performance of (or failure to perform) any obligation under this Agreement or for special, incidental, or consequential damages, including, without limitation, damages due to lost revenues or profits, business interruption, or other damages caused by User’s inability to use the Product, even if AVANU, its affiliates, resellers, agents, or licensors have been advised of the possibility of such loss or damages, and whether or not such loss or damages is or are foreseeable. Any liability of AVANU, its affiliates, resellers, agents, or licensors will be limited exclusively to the Product replacement or refund of the Product purchase price.
8. Export Law
AVANU’s Products are subject to U.S. export control laws and may be subject to export or import regulations in other countries. Unless in compliance with applicable law and specifically authorized in writing by AVANU prior to any Product access, User shall not export the Product under any circumstances whatsoever. In any case, User will indemnify and hold AVANU harmless, to the fullest extent allowed by law, from any and all claims, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from, or relating to, any breach by User of User’s obligations under this section.
9. Governing Law, Jurisdiction and Venue
This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of the State of California, United States of America and the federal laws of the Unite States. Any legal suit, action or proceeding arising out of, or relating to this Agreement to the extent permitted by law, the state and federal courts located in Santa Clara County, California will be the exclusive jurisdiction for disputes arising out of or in connection with this Agreement. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement.
10. Attorneys’ Fees
If any legal action or proceeding is brought for the enforcement of this Agreement or arises from an alleged breach, dispute, default, or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred as a result of such legal action or proceeding.
No failure to enforce any term of this Agreement shall constitute a waiver of such term in the future unless such waiver so provides by its terms.
Neither this Agreement nor any of User’s rights or obligations hereunder may be assigned by User in whole or in part without the prior written approval of AVANU. Any other attempted assignment shall be null and void.
If any part of this Agreement is for any reason found invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of this Agreement shall not be affected and the same shall remain in effect.
14. Complete Agreement
This End User Product License Agreement is valid without an AVANU corporate officer’s signature. It becomes effective upon the download, installation, and/or use of Product license by User. This Agreement is the complete, exclusive, and integrated statement of the agreement between AVANU and User with respect to its subject matter, and supersedes and voids any proposal or prior agreement, oral or written, and any other communications between the parties in relation to its subject matter. No waiver, alteration, or modification of this Agreement shall be valid unless made in writing and signed by a corporate officer of AVANU.
I HAVE READ AND AGREE TO THE TERMS AND CONDITION OF THIS AGREEMENT AND WOULD LIKE TO Request a Virtual WebMux Appliance