WinSyslog Version 6.1 End User License Agreement 2005-09-14 This binary code license ("License") contains rights and restrictions associated with use of the accompanying software and documentation ("Software"). Read the License carefully before installing the Software. By installing the Software you agree to the terms and conditions of this License. 1. Limited License Grant. Adiscon grants you a non-exclusive license to use the software in freeware mode free of charge. Adiscon also grants you a non-exclusive license to use the advanced features free of charge for 30 days for the purpose of evaluating whether to purchase a commercial license of WinSyslog. After this period, users are required to purchase proper licenses if they continue to use it. There is no need to pay any license fee for using the software in freeware mode. 2. Freeware Mode Freeware mode offers features that everybody is free to use without paying a license fee. WinSyslog automatically switches to freeware mode if no license key is entered at the end of the evaluation period. 3. Licensed Clients A WinSyslog license covers the installation of one system, then acting as syslog server. WinSyslog comes in several editions, each of them permitting the reception of data from a different number of devices, You must purchase these edition of WinSyslog that reflects the number of different devices sending messages to the installed WinSyslog server. The WinSyslog Free Edition (Freeware) permits you to receive messages from up to 10 devices. The WinSyslog Basic Edition permits you to receive messages from up to 50 devices. The WinSyslog Professional Edition permits you to receive messages from up to 100 devices. The WinSyslog Enterprise Edition permits you to receive messages from an unlimited number of devices. Please note that instances of Adiscon's EventReporter and/or MonitorWare Agent do NOT count against the remote device count. So you may use a WinSyslog Professional edition to receive data from 500 servers with Adiscon EventReporter installed on them. 4. Copyright The software is confidential copyrighted information of Adiscon GmbH, Germany. You shall not modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer the software. The software may not be leased, assigned, or sublicensed, in whole or in part. A separate license is required for each computer being monitored by WinSyslog (that is, the WinSyslog service is installed on). 5. Trademarks and logos WinSyslog is a trademark of Adiscon. Windows is a registered trademark of Microsoft Corporation. All other trademarks and service marks are the property of their respective owners. 6. Evaluation period The product comes with a free 30 day evaluation period. We strongly encourage all customers to evaluate the products fitness for their systems and environment during the evaluation period. Customer agrees to install the product on production systems only after it has proven to be acceptable on similar test systems. 7. Redistribution Everybody is granted permission to redistribute this install set if the following criteria’s are meet: - the install set, product and all documentation (including this license) are supplied unaltered - there is no registration key distributed along with the install set. REGISTRATION KEYS ARE SOLE INTENDED FOR THE ORIGINAL CUSTOMER. IT IS COPYRIGHT FRAUD TO DISTRIBUTE REGISTRATIONS KEYS. - the redistributor is only allowed to charge a nominal fee if the product is included into a commercial distribution set (e.g. shareware CD collection). For a CD collection, we deem a fee of up to US$ 30 to be reasonable. - redistribution as part of a book companion CD is OK, as long as the books purpose is not only to cover a CD software collection in which case we deem a cost of US$ 50 for the book to be OK. 8. Disclaimer of warranty The Software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. 9. Limitation of liability ADISCON SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE. IN NO EVENT WILL ADISCON BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF ADISCON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS THE CUSTOMERS RESPONSIBILITY, TO USE THE EVALUATION PERIOD TO MAKE SURE THE PRODUCT CAN RUN WITHOUT PROBLEMS IN CUSTOMERS ENVIRONMENT. In the case where this limitation of liability is not permitted by law, Adiscon's liability shall be limited to the product purchase price. 10. Severability The user must assume the entire risk of using the program. IN NO EVENT WILL ADISCON BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT ADISCON RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF ADISCON SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. 11. Termination The License will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software. 12. Governing law Any action related to this License will be governed by German law. No choice of law rules of any jurisdiction will apply. 13. High risk activities The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Adiscon specifically disclaims any express or implied warranty of fitness for High Risk Activities. 14. Product Parts Not Covered by this License WinSyslog may include optional parts which are not covered by this license. For example, a free web-based interface for log access (phpLogCon) may be part of the WinSyslog package. Any package not licensed under the term of this license will have prominent note as well as its own license document. If in doubt, the WinSyslog service, the WinSyslog configuration Client Program and the Interactive Syslog Server as well as accompanying documentation are licensed under this agreement. 15. Salvatory Clause If any provision of this Agreement shall be held void or unenforceable or contrary to German law, it shall be severed from this Agreement and shall not affect the remaining provisions. Instead of this provision, a similar one that is acceptable by low should be used.