THE END USER LICENSE AGREEMENT
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING NET CONTROL 2 SOFTWARE.
This License Agreement covers the use of any of the following software products: Net Control 2 Classroom, Net Control 2 SmallClass, Net Control 2 Professional, Net Control 2 for Linux, Net Control 2 Classroom EDU, Net Control 2 SmallClass EDU, Net Control 2 Professional EDU, Net Control 2 Demo, including products derived from the above, including localized versions. Further, in this License Agreement, any such product is referred to as "Net Control 2".
By receiving and/or using this Net Control 2 software (the "Software"), you accept and agree to be bound by the following User Agreement. This Agreement is a binding legal agreement between EduSoft LLC, the copyright holder (the "Licensor"), and the purchasers, users or evaluators of this Software (the "Licensee"). If you do not accept all the terms and conditions of this Agreement or do not agree to be bound by this Agreement, remove this Software from your computer now.
1. Subject of Agreement. Subject to the terms of this Agreement, EduSoft LLC, the copyright holder of the Software (the "Licensor") grants to you, the Licensee, a limited, non-exclusive right to use or evaluate this software program (the "Software") in accordance with this Agreement and one of the licenses described in the Section 2 of this Agreement. This includes the right to reproduce and/or install the Software (or components of the Software) on a number of computers specified in your license; the right to use the Software's functionality according to the purpose of Software and with all limitations provided by this Agreement. The license granted to you is not a sale.
2. User Agreement
This Software is intended and designed for use on public access computers only. Particularly, it was not designed and is not intended for use in computer systems, which store confidential, closed or a limited-access information; for any data protection purpose.
2.1. DEMO License. This license is applied to any use of unregistered version of the Software. You may evaluate this Software without purchasing the Registered User License for a maximum of thirty (30) calendar days (the "Evaluation Period"). On or before the expiration of the Evaluation Period, you must purchase Registered User License in order to continue to use the Software, or you are required to remove this Software and any archived copy from your computer immediately following the expiration of the Evaluation Period. The Software may not be used for any commercial purposes during evaluation period.
2.2. Registered User License. This license is applied to any registered copies of the Software. Unregistered copies of the Software become registered upon entering of a personal registration information (registration key), received from the Licensor or an authorized reseller or distributor together with the Registered User License Agreement, which acts as an addendum to this End User License Agreement. Any additional conditions of the Registered User License Agreement are integral part of this End User License Agreement and have precedence.
The Registered User License Agreement additionally defines the number of teacher and student computers, where the software may be used. Every computer, terminal, terminal session or virtual machine, where the Software will be used, shall be licensed separately. By entering the registration information on the computer where the teacher components are installed, you are licensing also the student computers that will be connected to this teacher computer.
You shall not allow others to use, copy or evaluate registered copies of this Software.
2.3. Evaluation License. Evaluation licenses allows using the fully functional copy of the Software within the term and on the number of computers specified in the Evalution License. Upon expiration of the Evaluation License, you undertake to delete the Software in its entirety, including any archive copies, components, documentation, modules and components of the Software (copyrighted content), from all computers where such content was used or stored; or to purchase a Registered User License.
2.4. Use Restrictions. You shall use this Software in compliance with all applicable laws and not for any unlawful purpose.
Particularly, you may not modify, reverse engineer, decompile or disassemble the Software or otherwise attempt to derive its source code. You may not adapt, alter, modify, translate, or create derivative works of the Software without the express written authorization of the Licensor. You may not redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Software, nor may you remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. You may not incorporate, integrate or otherwise include the Software or any portion thereof into any software, program or product without the written permission of the Licensor. You cannot use any third party programs for connection to the Software, or for using the Software's connections. You further agree to abide by all laws and regulations in effect regarding your use of the Software and the Service and agree to indemnify the Licensor, its officers, agents, employees and directors for any damages incurred as a result of a violation of this paragraph. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph. You shall notify users of computers where the Software will be used about terms and conditions of access to information on these computers.
2.5. Copyright Restriction. This Software contains a copyrighted material.
The Licensor is a copyright holder of the Software, and retains sole and exclusive ownership of all right, title and interest in and to the Software and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of Net Control 2 software and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved.
2.6. Limited Warranty and Disclaimer.
i. THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, FURTHER, LICENSOR DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT THE LICENSOR OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
ii. LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT IS MADE BY THE LICENSOR, ON THIS PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE LICENSOR, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
iii. NEITHER THE LICENSOR NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
iv. SHOULD ANY OTHER WARRANTIES BE FOUND TO EXIST, SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THIRTY (30) DAYS FOLLOWING THE DATE OF DELIVERY TO YOU. IN NO EVENT WILL THE LICENSOR'S LIABILITY FOR ANY DAMAGES TO YOU OR ANY OTHER PERSON EXCEED THE AMOUNT PAID FOR THE LICENSE TO USE THE SOFTWARE.
2.7. Changes and amendments. By accepting this Agreement, you agree that during the term of your license, the Licensor has the right to make changes to this Agreement by publishing them on the official site of the Software https://www.netcontrol2.com/license. You agree to periodically review this resource for changes. The absence of your notice of non-acceptance of the terms of the amended Agreement means acceptance of the terms.
2.8. Term. This Agreement commences upon the installation of the software and is effective until the Software has been removed from each of your computers. This Agreement terminates automatically without notice from the Licensor if you fail to comply with any provision of this Agreement. Upon termination you shall remove the Software from your computers. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the Software and destroy all copies of the Software supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this Agreement.
2.9. Transfer. You may transfer the Software from one of your computers to another computer provided that the Software is transferred without modification. You may not transfer, assign, rent, lease, sell, or otherwise dispose of the software in exchange for consideration, or on a temporary basis.
2.10. Indemnity. You agree to indemnify, hold harmless and defend the Licensor from and against any loss, damage, claims or lawsuits, including attorney's fees, which arise or result from the use or distribution of content produced by the Software.
3.1. Privacy. We respect your privacy and do not collect confidential information or information about your computer or network systems. However, as part of the license activation and verification, the automatic update procedures, we can process some information received from your computers that is necessary to ensure the operability and performance of the programs. The respective procedures, protocols and volumes of the processed information are described in details in the Privacy Statement document, available online at https://www.netcontrol2.com/privacy. Please note, due to future Software developments, we may revise this document from time to time to reflect changes made with the future updates.
We do not collect any personal information, except the information provided to us, when you contact our support services, or when such information is provided to us for the purpose of fulfilling orders. Any information collected in this manner is stored solely for the time necessary to contact you or perform support procedures, and may be completely destroyed at any time upon your notice.
3.2. Customer references. If you are a representative of a legal entity and act on its behalf, by accepting the terms of this Agreement, unless otherwise provided in other related agreements, you agree that we can refer the name of your organization in marketing materials, such us our clients lists, on our website or in printed materials, and solely in connection with and to inform that your organization uses our Software. If you are unable or unwilling to grant such permission, or if for any reason at any time later you decide to revoke the such permission, it is sufficient to send us a simple written notice, by any convenient way, as specified in the p. 4. The Licensor undertakes to remove any published materials within one business day after receiving the notice, and agrees not to publish any such materials in the future. The provisions of this paragraph apply exclusively to use with the Registered User License as described in the p. 2.2.
4. Notices. Any notices given under this Agreement shall be deemed to have been duly given if sent to the email address support@netcontrol2.com or by any other communication means provided on the website https://www.netcontrol2.com/support, and following a mandatory reply letter or notification from us acknowledging receipt of your notice.
5. Additional provisions. When opposite is not stipulated by the Registered User License Agreement, the Software may be used on any territory of the world.
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