1.1 In consideration of payment of the License fee, Cimcor, as Licensor, grants you, the Licensee, a nonexclusive right to use a copy of any of the binaries and other components that comprise the CimTrak Integrity and Compliance Suite (
1.2 Licensee may be restricted in the number of systems, devices, etc. that each license purchased may be installed on or monitor. SOFTWARE components may have further restrictions indicated on the order or enforced by software licensing mechanisms. Licensee shall be responsible for complying with all license restrictions.
1.3 All rights not expressly granted to Licensee are reserved to Cimcor.
2.1 Cimcor shall retain full and complete title to the SOFTWARE that is installed or downloaded and all subsequent copies of the SOFTWARE, including, but not limited to any upgrades, updates, modifications, revisions or copies. This License is not a sale of the original SOFTWARE.
2.2 Licensee agrees that their purchase of the SOFTWARE is not contingent on the delivery of any future functionality or features. Licensee further agrees that this purchase is not dependent on any oral or written comments made by Cimcor regarding functionality or features that may be available in the future.
3.1 This SOFTWARE and the accompanying printed or written materials are copyrighted. Unauthorized copying of the SOFTWARE, including those instances where the SOFTWARE has been modified, merged, or included with other software, or of the printed or written materials, for any reason, is expressly forbidden. Licensee may be held liable for copyright infringement which results from such unauthorized copying.
4.1 Licensee may transfer the SOFTWARE from one computer to another, provided that the SOFTWARE is used in compliance with the licensing restrictions for the SOFTWARE or components thereof. Licensee may not distribute copies of the SOFTWARE or accompanying materials to others. Licensee may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the SOFTWARE or its accompanying printed or written materials.
5.1 Licensee shall not assign, rent, lease, sell, sublicense or otherwise transfer the SOFTWARE to another party without prior written consent of Cimcor. Any party authorized by Cimcor to receive the SOFTWARE must agree to be bound by the terms and conditions of this Agreement.
6.1 For a period of (30) thirty days from the date the SOFTWARE is initially delivered to the Licensee, Cimcor warrants that the SOFTWARE, when properly installed and configured, will function as indicated in the SOFTWARE documentation. Any warranty claim must be provided in writing to Cimcor within the warranty period. This warranty period does not renew and is only applicable to the initial delivery of the SOFTWARE. Updates and upgrades to the SOFTWARE as well as new or reissued SOFTWARE activation codes do not extend or renew the warranty period. This warranty shall not be valid if the SOFTWARE has been modified in any way or if the SOFTWARE has been improperly installed or configured. In addition, this warranty excludes any services, beta code, or SOFTWARE that is provided at no cost.
6.2 Cimcor’s entire liability and customer’s exclusive remedy shall be, at Cimcor’s option, to a) refund the price paid to Cimcor for the SOFTWARE affected by the warranty claim, b) modify or replace the SOFTWARE affected by the warranty claim or c) provide beta code for the SOFTWARE affected by the warranty claim.
6.3 No other warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose are granted. No oral or written information or advice given by Cimcor, its dealers, distributors, agents or employees shall create a warranty.
6.4 Cimcor does not warrant that the SOFTWARE is suitable for any particular application nor its effectiveness in detecting all threats, changes, or other security incidents. In addition, Cimcor does not warrant that the SOFTWARE is free from errors, failures, or other interruptions to the operation of the SOFTWARE.
7.1 Neither Cimcor nor anyone else involved in the creation, production, or delivery of this product shall be liable for any direct, indirect, consequential, or incidental damages arising out of the use of, or inability to use this product (including without limitation, damages for loss of business profits, business interruption, loss of business and the like) even if Cimcor was previously advised of the possibility of such damages. Some jurisdictions do not allow limitations on the length of an implied warranty or the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which may vary by jurisdiction.
8.1 All license fees are non-refundable. Invoices are payable as per the terms listed on them. All past due invoices will be charged interest in the amount of 1- ½%(one and one-half percent) per month or the current statutory maximum. If Licensee purchases the SOFTWARE through a third party (including, but not limited to a reseller, distributor, or integrator) and the third party fails to remit all or part of the purchase price, Licensee shall be liable for the amount owed.
9.1 Licensee understands and acknowledges that the SOFTWARE and other materials made available to it under this Agreement may be subject to the export regulations of the United States Department of Commerce and other United States government regulations related to the export of technical data, equipment, and products. Licensee agrees to comply with all applicable export regulations, including any future changes or amendments.
10.1 This agreement shall be governed by and construed in accordance with the laws of the State of Indiana, United States of America.
Revision Date: 1/8/2013