WinSyslog license document – EULA

WinSyslog Final Release
Version 16.2
End User License Agreement
2020-06-16

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. If Customer has purchased WinSyslog licenses, Customer is permitted to use the purchased product edition under the terms of this license agreement.´There is no need to pay any license fee for
using the software in freeware mode.

2. 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 where WinSyslog is being installed on.

3. 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.

4. 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.

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. Product Editions
A specific edition of the WinSyslog product is licensed. Only the specifically licensed version may be used. For example, if a WinSyslog Basic Edition is licensed, features of the Professional edition may not be used. The license keys are also technically different, that is a Basic edition license key is technically different from a Professional Edition license key. Thus, a Basic edition license key can not be used to unlock Professional features.

7. Evaluation period
The product comes with a free 30 day evaluation period. We strongly encourage all customers to evaluate the product’s 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.

8. Redistribution
Everybody is granted permission to redistribute this install set if the following criteria 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.

9. 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.

10. 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.

11. 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.

12. 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.

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. General Provisions
This license agreement shall be governed and interpreted in accordance with the substantive law of Germany applicable to contracts made and performed there. The place of performance of the agreement is Germany, Grossrinderfeld notwithstanding where the Customer is situated or any servers are located.

If any provision of this license agreement shall be held void or unenforceable by a court of competent jurisdiction, it shall be severed from this agreement and shall not affect the remaining provisions. Void clauses are to be construed in such a way that the business purpose of said clauses as envisaged by both parties can be realized in a lawful manner. Except as expressly set forth in this agreement, the exercise by either party of any of its remedies under this agreement will be without prejudice to its other remedies under this agreement or otherwise.

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.

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