Use of Logmon is governed by a specific license agreement. You must
agree to the terms of this agreement to download this software.
Please read the agreement below, and if you agree, click on the
"AGREE" box at the bottom of this page.
Computronics is willing to license this software product to you, the
Customer, only upon the condition that you and your company accept all
of the terms contained in this license agreement. Read the terms and
conditions of this license carefully before using the software. By
using the software, you agree to the terms and conditions of this
agreement. If you are not willing to be bound by this agreement, you
are not authorized to use this software.
By opening the software media package or installing the software, you
agree to the terms and conditions of this agreement. If you are not
willing to be bound by this agreement, deinstall the software and contact Computronics
within fifteen (15) days of purchase for a refund of any license fee
paid.
1. License to Use. Customer is granted a non-exclusive and non-
transferable license ("License") for the use of the accompanying
binary software in machine-readable form together with accompanying
documentation ("Software"), for the number of computer systems, number
of users, and the class of computer hardware for which the
corresponding fee has been paid.
2. Restrictions. Software is copyrighted and title to all copies and
all rights in patents and copyrights is retained by Computronics
and/or its licensors. Customer shall not make copies of Software,
other than a single copy of Software for archival purposes. Unless
enforcement of this provision is prohibited by applicable law,
Customer shall not modify, decompile, disassemble, decrypt, extract or
otherwise reverse engineer Software. Software is not designed or
licensed for use in on-line control equipment in hazardous
environments such as operation of nuclear facilities, aircraft
navigation or control, or direct life support machines.
3. Confidentiality. Software is confidential and proprietary
information of Computronics and/or its licensors. Customer further
agrees to take all reasonable steps, including, but not limited to
those steps that Customer takes to protect information, data or other
intangible property of its own that it regards as proprietary or
confidential to insure that the Software is not disclosed or duplicated
in whole or in part for the use of others.
4. Transferability. Customer has the right to transfer the Software
to another single computer system, after providing notice of this
transfer to Computronics, provided that any required additional
license fees are paid. The Software may be used on a backup system
without such notice provided that it is not used concurrently on the
primary and backup system.
5. Warranty. Computronics agrees to remedy failures of the Software
during the warranty period and to continue this service after the warranty
period if an ongoing maintenance agreement is purchased by the
Customer. To enable such ongoing maintenance after the warranty
period, a paid up maintenance agreement must be in effect at all
times. Customer and Computronics agree that the sole and exclusive
remedies for breach of any warranty concerning the functionality of
this Software shall be repair of the Software or, at Computronics
option, refund of the license purchase price, upon return of the
Software and destruction of any copies thereof.
6. Disclaimer of Warranty. EXCEPT AS SPECIFIED IN THIS LICENSE, ALL
EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE HEREBY EXCLUDED TO THE
EXTENT ALLOWED BY APPLICABLE LAW.
7. Limitation of Liability. IN NO EVENT WILL COMPUTRONICS BE LIABLE
FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND
REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE THE USE OF OR
INABILITY TO USE SOFTWARE, EVEN IF COMPUTRONICS HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. In no event shall Computronics'
liability to Customer, whether in contract, tort (including
negligence), or otherwise, exceed the license fee paid by Customer for
Software. The foregoing limitations shall apply even if the above
stated warranty fails of its essential purpose. Any action by the
buyer for any alleged breach of the warranty shall be brought to the
attention of Computronics not later than 30 days from the date of such
alleged breach.
8. Termination. This License is effective until terminated.
Customer may terminate this License at any time by destroying all
copies of Software including any documentation. This License will
terminate immediately without notice from Computronics if Customer
fails to comply with any provision of this License. Upon termination,
Customer must return all copies of Software and the documentation to
Computronics.
9. Export Regulations. Software, including technical data, is
subject to U.S. export control laws, including the U.S. Export
Administration Act and its associated regulations, and may be subject
to export or import regulations in other countries. Customer agrees
to comply strictly with all such regulations and acknowledges that it
has the responsibility to obtain licenses to export, re-export, or
import Software.
10. U.S. Government Restricted Rights. If Customer is acquiring
Software including ac-companying documentation on behalf of the U.S.
Government, the following provisions apply. If Software is supplied
to the Department of Defense ("DOD"), Software is subject to
"Restricted Rights", as that term is defined in the DOD Supplement to
the Federal Acquisition Regulations ("DFAR") in paragraph 252.227-7013
(c)(1). If Software is supplied to any unit or agency of the United
States Government other than the DOD, the Government's rights in
Software will be as defined in paragraph 52.227-19(c)(2) of the
Federal Acquisition Regulations ("FAR"). Use, duplication,
reproduction or disclosure by the Government is subject to such
restrictions or successor provisions. Contract/Manufacturer is:
Computronics, 4N165 Wood Dale Road, Addison, IL 60101.
11. Governing Law. This Agreement is made under, shall be governed
by, and construed in accordance with the laws of the State of
Illinois, U.S.A.
12. Severability. If any of the above provisions are held to be in
violation of applicable law, void, or unenforceable in any
jurisdiction, then such provisions are herewith waived to the extent
necessary for the License to be otherwise enforceable in such
jurisdiction. However, if in Computronics' opinion deletion of any
provisions of the License by operation of this paragraph unreasonably
compromises the rights or liabilities of Computronics or its
licensors, Computronics reserves the right to terminate the License
and refund the fee paid by Customer as Customer's sole and exclusive
remedy.
13. Integration. This Agreement is the entire agreement between
Customer and Computronics relating to Software and: (i) supersedes all
prior or contemporaneous oral or written communications, proposals and
representations with respect to its subject matter; and (ii) prevails
over any conflicting or additional terms of any quote, order,
acknowledgment, or similar communication between the parties during
the term of this Agreement. No modifications to the Agreement will be
binding, unless in writing and signed by a duly authorized
representative of each party.
shrink agree 15-Sep-10
Whew! You made it through that! Well, if you agree, click here, and you
will be ready to view the README file to download a copy of Logmon.
Please Note: Not all versions of Logmon for all platforms are
available for download upon request. This is due to the large number
of supported platforms. If you do not see a copy for the version of
Unix that you require, contact Computronics. Many more versions are
available than you will see here, since only the most common versions are
kept regularly on our FTP site. If in doubt, ask for assistance.
|