SCILLA SYSTEMS LTD End-User Licence Agreement ("EULA") for Scilla TS Monitor

ATTENTION: SCILLA SYSTEMS LTD ("SCILLA") is willing to license the Scille TS Monitor software ("SOFTWARE") to you ("Customer") only upon the condition that you accept all of the terms contained in this Licence Agreement. PLEASE READ THIS LICENCE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, YOU MAY RETURN THE UNUSED SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE".

SCILLA SOFTWARE LICENCE TERMS

The following terms govern Customer's use of the enclosed SOFTWARE unless Customer has a separate written agreement with SCILLA for this explicit purpose.

1. LICENCE GRANT: The SOFTWARE is licensed, not sold. SCILLA grants Customer a licence to Use the SOFTWARE on one (1) single installation for Customer's own internal use after Customer has paid SCILLA in full for the use of the SOFTWARE. Customer may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE. The SOFTWARE is not licensed for "concurrent use" but for one (1) single installation on one (1) computer. If the SOFTWARE is provided for an evaluation period only, Customer must destroy all copies of the SOFTWARE upon termination of the evaluation period.

2. COPYRIGHT AND OWENRSHIP: The SOFTWARE is the confidential and proprietary product of SCILLA and is protected by copyright and other intellectual property laws. Customer acquires only the right to use the SOFTWARE and does not acquire any rights, express or implied, in the SOFTWARE other than those specified in this Licence. SCILLA, or its licensor, shall at all times retain all rights, title, interest, including intellectual property rights, in Programs and media.

3. THIRD PARTY SOFTWARE: The SOFTWARE contains copies of a number of software libraries from open source packages. These redistributed open source libraries are covered by their own licenses. License terms and copyright information for third party SOFTWARE can be found in the "doc" directory in the TS Monitor installation directory. Libraries that are redistributed under the GNU Library General Public License Version 2.0 (LGPL 2) or under the GNU Lesser General Public License Version 2.1 (LGPL 2.1) or Version 3 (LGPL 3) have specific terms and conditions for copying, distribution and modification.

4. COPIES AND ADAPTATIONS: Customer may only make copies or adaptations of the SOFTWARE for Customer’s own archival purposes. "Archival purpose" means storing a backup copy of the SOFTWARE in an archive without ever using it. Customer may not copy the SOFTWARE onto any bulletin board or similar system.

5. REVERSE ENGINEERING, DISASSEMBLY OR DECRYPTION: Customer may only reverse engineer, disassemble or decompile the SOFTWARE to the extent that is necessary to make modifications of the SOFTWARE for the Customer's own use and to the extent that is given permission by Section 6 of the GNU Library General Public License Version 2.0, by Section 6 of GNU LESSER GENERAL PUBLIC LICENSE Version 2.1 and Section 4 of GNU LESSER GENERAL PUBLIC LICENSE Version 3.

6. CONSENT TO USE DATA: Customer agree that SCILLA may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, licence management and other services to Customer related to the SOFTWARE. SCILLA may use this information, as long as it is in a form that does not personally identify Customer, to improve products or to provide services or technologies to Customer.

7. TRANSFER: Customer's licence will automatically terminate upon any transfer of the SOFTWARE. Upon transfer, Customer must deliver the SOFTWARE, including any copies and related documentation, to the transferee. The transferee must accept these Licence Terms as a condition to the transfer.

8. TERMINATION: Customer may terminate this licence at any time by destroying all copies of the SOFTWARE and all copies of applications created using the SOFTWARE. SCILLA shall have the right at its discretion to terminate Customer's right to use the SOFTWARE at any time if Customer fails to comply with any of the terms or conditions of this Licence Agreement. Upon such termination, Customer must destroy all copies of the SOFTWARE. The Disclaimer of Warranty and Limitation of Liability Sections above shall survive termination of this Agreement.

9. DISCLAIMER OF WARRANTY: THE PROGAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SCILLA FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

10. LIMITATION OF LIABILITY: No warranty is made by SCILLA OR ITS LICENSORS to CUSTOMER to the effect that THE SOFTWARE IS free from any claim or infringement of any patent, utility model, or any other intellectual property rights of any third party. CUSTOMER shall be solely responsible for negotiations with the owners of any in Releases contained third party SOFTWARE or other property rights for the use thereof, and shall settle and pay any royalties or other fees required by the owners in connection with the same. To SCILLA’s understanding, there are no such royalties or such other fees due to be paid by Licensee for use under this Offer of in the latest and currently available Release contained third party SOFTWARE or other property rights. Together with each delivery of a Release SCILLA will inform CUSTOMER on in such Release contained third party SOFTWARE and/or other property rights.

IN NO EVENT SHALL SCILLA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF SCILLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SCILLA'S ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO SCILLA FOR THIS LICENCE.

11. NO TECHNICAL SUPPORT: SCILLA is not obligated to provide technical support, phone support, or updates to Customer for Programs licensed under this Agreement.

12. MISCELLANEOUS: The software is distributed from Finland. This licence and all related actions thereto shall be governed by Finnish law. SCILLA may audit Customer's use of the SOFTWARE. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force.

14. MPEG-2 NOTICE: To the extent that SOFTWARE contains MPEG-2 functionality, the following provision applies: ANY USE OF THIS PRODUCT OTHER THAN CONSUMER PERSONAL USE IN ANY MANNER THAT COMPLIES WITH THE MPEG-2 STANDARD FOR ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY PROHIBITED WITHOUT A LICENCE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH LICENCE IS AVAILABLE FROM MPEG LA, L.L.C (www.mpegla.com).

15. H.264/AVC NOTICE: To the extent that SOFTWARE contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED HEREIN ONLY FOR NON-COMMERCIAL USE TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. ALL OTHER USE IS EXPRESSLY PROHIBITED WITHOUT A LICENCE UNDER APPLICABLE PATENTS IN THE AVC PATENT PORTFOLIO, WHICH LICENCE IS AVAILABLE FROM MPEG LA, L.L.C (www.mpegla.com).

Extranet

Username

Password


Forgot Your Password?