Evaluation request form

Please read and accept the license agreement prior to downloading. The download link will be sent via email.

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NOTE: A copy of this agreement will be included with the download. Active Interface IntraSight Software License Agreement IMPORTANT-READ CAREFULLY: THIS IS A CONTRACT. BEFORE YOU DOWNLOAD THE SOFTWARE AND/OR COMPLETE THE INSTALLATION PROCESS, CAREFULLY READ THIS SOFTWARE LICENSE AGREEMENT ("SLA"). BY DOWNLOADING, INSTALLING OR USING ANY COPY OF THE SOFTWARE, YOU CONSENT TO THE TERMS OF THIS SLA AND YOU AGREE TO BE BOUND BY THIS SLA. IF YOU DO NOT WISH TO BECOME A PARTY TO THIS SLA AND BE BOUND BY ALL OF ITS TERMS AND CONDITIONS, CLICK THE APPROPRIATE BUTTON TO CANCEL THE INSTALLATION PROCESS, DO NOT INSTALL OR USE THE SOFTWARE. YOU EXPRESSLY AGREE THAT ANY VARYING OR ADDITIONAL TERMS CONTAINED IN ANY PURCHASE ORDER OR ANY OTHER WRITTEN NOTIFICATION OR DOCUMENT ISSUED BY YOU IN RELATION TO THE SOFTWARE LICENSED HEREUNDER SHALL BE OF NO EFFECT. IN ADDITION, IF YOU ARE OBTAINING YOUR LIMITED LICENSE RIGHTS TO USE THE SOFTWARE FROM AN AUTHORIZED VAR/OEM, YOU MAY HAVE OTHER OBLIGATIONS WITH RESPECT TO SUCH VAR/OEM. 1. Definitions. As used in this SLA, the following terms have the following meanings: A. "You." Means you the individual using the SOFTWARE as well as your employer if you are using the SOFTWARE within the scope of your employment. B. "AI." Means Active Interface, LLC a limited liability company organized under the laws of the Commonwealth of Pennsylvania, U.S.A. C. "Software." Means the computer software programs provided with this SLA and which are being installed together with all accompanying documentation, and utilities. If the SOFTWARE is part of an AI suite product, the term SOFTWARE means all of the applicable AI software programs comprising the applicable suite (including all accompanying documentation, utilities, and driver interface software) you have acquired. SOFTWARE includes all Upgrades that may be provided by AI. D. "Upgrade." Means any supplemental or replacement code for computer software you have previously licensed from AI. 1. SOFTWARE PRODUCTS AND LICENSE GRANT VERSIONS The Software is available in two versions: a) limited use Trial/Evaluation version, b) full use Commercial version. This SLA governs all versions of the Software. The Commercial version requires you to pay a license fee. The Trial/Evaluation version is provided without charge (but do not constitute "free" software). 1.1 Trial/Evaluation License. If you have acquired an evaluation license, you may install and use the SOFTWARE on computers in your workplace for internal evaluation purposes only. Your license is for your own internal use only. The Evaluation licence may not be used for any commercial deployment or production purposes as these activities require a Commercial version license. Therefore, notwithstanding anything in this SLA to the contrary, you may not distribute, transfer, assign, or sub-license this SOFTWARE or any applications you create with the SOFTWARE. You also agree to use reasonable efforts to provide feedback to AI regarding your use of the SOFTWARE, including promptly reporting to AI errors or bugs that you might find. You also acknowledge and agree that the SOFTWARE IS EVALUATION ONLY AND/OR PRE-RELEASE SOFTWARE. AS SUCH, THE SOFTWARE MAY NOT BE FULLY FUNCTIONAL AND YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE. AI WILL NOT UPDATE THE SOFTWARE, NOR WILL AI SUPPORT THE SOFTWARE. THE SOFTWARE MAY CONTAIN CODE THAT WILL, AFTER A CERTAIN TIME PERIOD, DEACTIVATE THE SOFTWARE AND RENDER THE SOFTWARE UNUSABLE. ALTHOUGH THE SOFTWARE WILL ATTEMPT TO WARN YOU OF THE TIME-FRAME IN WHICH IT WILL BE DISABLED, YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE MAY BE DEACTIVATED OR RENDERED UNUSABLE WITH OR WITHOUT WARNING. Upon such deactivation, this SLA will be considered terminated. Prior to deactivation of the SOFTWARE, you may contact AI to convert your evaluation license for the SOFTWARE to a Commercial license by paying to AI the applicable license fee and obtaining from AI the applicable authorization code(s). AI may (in its sole discretion and upon notice to you) terminate the evaluation license, whereupon this SLA will be considered terminated. 1.4 Commercial License. Subject to this SLA, AI grants you a limited, non-exclusive, non-transferable, non-assignable, non-sub-licensable, fee-bearing license to download, install and use IntraSight on a single Server machine containing the same or fewer CPUs than the total number of CPUs for which you have properly licensed and paid. By downloading and/or installing the software, you agree not to circumvent these limitations by any means, including modifying the Software or its configuration files. IntraSight may not be bundled or distributed with yours or any third party application(s) unless a separate and unique VAR/OEM agreement is in place with AI that explicitly grants these rights. 2. USE OF SOFTWARE. 2.1 In addition to the license grant rights under Section 1, you may (i) transfer the Software from one Server machine to another provided you delete the Software from the first machine and promptly provide written notice to AI if the new machine requires additional CPU licenses; however, you may not install the Software on more than one machine at any given time without prior written permission from AI; (ii) install the Software on a single Server machine if the number of CPUs on that machine are the same or fewer than the number of CPUs for which you have properly licensed and paid; (iii) make one (1) machine-readable copy of the Software including copyright notices for archival purposes; and (iv) make copies of the Software as part of normal backup procedures. Except as explicitly stated in this paragraph, AI reserves all other rights not expressly granted to you. 2.2 You agree not to (i) modify, port, translate, reverse engineer, disassemble, de-compile, derive source code, or create derivative works based on, nor permit any other party to derive or attempt to derive the source code of the Software by any means; (ii) copy the Software except as stated above; (iii) remove, or allow to be removed, any AI or its Licensors copyright or other proprietary rights notice from any Software; (iv) take any action that causes the Software to be placed in the public domain; (v) use the Software to develop an application having the same primary function as the Software; (vi) sell, lease, rent, transfer or assign the Software to others or grant others the right to use it; (vii) market, distribute or sublicense copies of the Software to others (unless a separate VAR/OEM or Reseller Agreement is effective). 2.3 Any and all beneficiaries of the Software distributed with a third party product or application as defined by section 2.2vii or 2.2viii above, or received by any other means, are strictly prohibited from using the Software for any purpose other than that for which it is properly licensed under a separate written agreement with Active Interface. Use of the Software for any other purpose requires a Commercial Version license, which may be obtained via AI’s web site or by contacting a AI account representative. 3. OWNERSHIP OF THE SOFTWARE. Title, ownership and all intellectual property rights in and to the Software belong exclusively to AI and its licensors (which licensors shall have third party beneficiary rights to the extent permitted by applicable law). The Software is protected by US copyright laws, other intellectual property laws and international treaties. Unauthorized copying of the Software is expressly prohibited. 4. LIMITED WARRANTIES 4.1 AI Trial/Evaluation Version Software. AI provides no warranties or remedies, whether express or implied, for the trial, evaluation and non-commercial version. The Software is provided "AS IS". 4.2 AI Commercial Version Software. AI warrants that (i) it has full right to enter into and perform this SLA; (ii) to the best of AI's knowledge, the Software does not violate any U.S. intellectual property rights of a third party under applicable patent or copyright laws; and (iii) during the first sixty (60) days of normal use from the date of purchase from AI, the Software will perform substantially in accordance with the User Documentation. 4.3 EXCEPT FOR THESE EXPRESS LIMITED WARRANTIES, YOU ACCEPT THE SOFTWARE "AS IS", WITH NO OTHER WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, OR IMPLIED BY STATUTE, COMMON LAW, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AI makes no representations, warranties, conditions or guarantees that, (i) the Software will satisfy your requirements or function without interruption, errors or defects, (ii) the results that may be obtained from the use of the Software or materials will be effective, accurate or reliable, and (iii) the applications developed with the Software or regarding Software which has been modified or altered by any party other than AI or to any problems caused by computer hardware or operating systems. Some states or jurisdictions do not allow the exclusion of implied warranties; therefore the warranty language above may not apply to you. In such case, AI's liabilities shall be limited by the provision below. 5. LIMITATION OF LIABILITY IN NO EVENT WILL AI OR ITS LICENSORS BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION OR LOST PROFITS) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AI'S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR A CLAIM OF ANY KIND RELATED TO THIS SLA, WHETHER FOR BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF LICENSE FEES ACTUALLY PAID TO AI FOR YOUR USE OF THE SOFTWARE INVOLVED IN THIS CLAIM. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS SLA MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE EVENTS WHICH GAVE RISE TO THE CAUSE OF ACTION OCCURRED. 6. TERM AND TERMINATION This SLA shall be perpetual, except that AI or VAR/OEM may terminate (and deactivate such use through remote means or otherwise) your right to use the Software upon notice to you (which may be delivered electronically by the same means as the Software is distributed) upon (i) any breach by you of the terms of this SLA which breach has not been cured within 30 days of written notice being provided to you concerning such breach, or (ii) if AI has not received payment from either you or the VAR/OEM for the applicable license fees for your use of the Software. You may also terminate this SLA at any time by destroying or erasing your copies of the Software. Upon the termination of this SLA, you must discontinue all use of the Software and remove the Software from all computers owned or controlled by you. 7. MISCELLANEOUS 7.1 AI reserves the right at any time to cease the support of the Software, and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability, or other characteristics of the Software. In addition, unless you pay all required maintenance and support fees for the Software on an ongoing and timely basis neither AI nor VAR/OEM shall have any obligation to provide maintenance and support for your use of the Software. 7.2 This SLA may not be assigned by you without written consent of AI. Notwithstanding the above, this SLA shall be binding upon and inure to the benefit of the successors or assigns of the parties. 7.3 This SLA contains the entire agreement and understanding between the parties with respect to its subject matter, and supersedes all prior or contemporaneous agreements, negotiations, proposals and communications between the parties on this subject matter. All modifications to this SLA must be in writing and signed by both parties. This SLA takes precedence over any purchase order issued by you, which is accepted by AI for administrative convenience only. If any court of competent jurisdiction determines that any provision of this SLA is invalid, such portion shall be deemed eliminated and the remainder of this SLA shall remain in effect in accordance with its terms as modified by such deletion. Failure or delay of either party to exercise any right or remedy hereunder shall not constitute a waiver of rights or remedies under this SLA. 7.4 This SLA is governed by the laws of the Commonwealth of Pennsylvania, except as to those provisions dealing with conflicts of laws principles. 7.5 You hereby agree that any legal actions with respect to disputes or other matters arising under this Agreement may be brought in the state, county or federal courts located in the Commonwealth of Pennsylvania and you hereby submit to the jurisdiction of any such court in such matters. 7.6 This SLA is subject to all applicable laws and regulations of the US Government (and any other jurisdiction where the Software is lawfully used), and to all administrative acts of the US Government pursuant to such laws and regulations. You hereby certify that you will not directly or indirectly, export, re-export, or transship the Software or related information. Products intended for use within or for any US Federal Government agency are provided with "Restricted Rights" as defined in the FAR 52.227-19 or DFARS 252.227-7013. Active Interface, LLC 09/02/2006