Licensing NetAlive

Summary

Use of Internet

NetAlive Inc. maintains an Internet site with the latest version of the software.

Trial and Licensed Software

A single program operates as either trail software or licensed software depending on the presence of a valid "license code" in the program's configuration.

Trial software identifies itself as such in the program's name, copyright information, icon, and other means. A trial design tool produces applications that similarly identify themselves as having been produced by a trial design tool.

Upon payment of the license fee, NetAlive Inc. will issue a cryptographic "license code" that the user types into a program's configuration to remove this identification.

Organizational Licenses and Transferability

Licenses applies to an individual. Licenses purchased by organizations must be assigned to individuals in the organization, but the organization can change this assignment. Licenses are transferable (but Scalable Computing may charge a reasonable administration fee).

Redistribution Rights Reserved

NetAlive Inc. reserves the right to distribute the software.

Built-In License

NetAlive presents the following license agreement when you start it the first time (the agreement in the program prevails if it differs from that shown below):

Acceptance

Pressing "Accept" signifies acceptance of this license agreement. Pressing "Don't accept" terminates the setup procedure.

License

This license applies to the computer program being setup and to other data files intrinsic to its operation (The Software). Subject to the following conditions, this document is a legally-binding offer from the owners of The Software (NetAlive Inc., 3000 Sand Hill Rd., Bldg. 4, Suite 170, Menlo Park, CA 94025): (1) it was obtained directly from NetAlive's Internet server (http://www.netalive.com), (2) the document currently available on the server (i. e. it has not been withdrawn), and (3) it has not been altered.

Individual License. Licenses apply to the individual pressing "Accept." If an organization pays for a license, it must assign that license to an individual who may accept this agreement under the terms of a paid license.

Free 30-Day Trial. A 30 day free license is hereby offered to all individuals. This offer is deemed accepted by copying The Software without another licensing provision. On or before the 31'st day after acceptance, the holder agrees to either destroy all copies of The Software or obtain another license.

Free License For Non-Commercial Uses. Individuals using The Software for personal use or on behalf of a non-profit, charitable, or religious organization are hereby granted a license to The Software.

Paid Subscription License. A paid subscription license must be obtained separately from NetAlive Inc. A subscription license grants the holder rights to all versions of The Software released during the subscription period. Upon expiration of the subscription, the holder may continue to use any version of The Software released during the subscription period, but is not entitled to use any other version.

Cosmetically-Disabled Software. All parties acknowledge that The Software may contain a mechanism revealing the use of non-paid software to the end-user.

Transferability. A license may be transferred between individuals. Upon transfer, the original license holder must destroy all copies of The Software. The Software may not be rented or leased.

Rights Permitted By License. A license grants the holder the right to reproduce The Software. Reproduction includes (but is not limited to) the copying of The Software to a computer disk or a computer's main memory, and transmitting The Software over a computer network.

Redistribution Rights. NetAlive Inc. retains the right to distribute, publicly perform, and publicly display The Software. This includes (but is not limited to) posting The Software on a computer network.

Limited Warranty

Duration. NetAlive Inc. warrants that this software will perform as intended for a period of 90 days from the date of first use. This limitation does not apply where the law prohibits a time limit on the length of an implied warranty.

Customer Remedies. Customer remedy shall be limited to (at the discretion of NetAlive Inc.) (1) refund of purchase price or (2) replacement with software that performs as intended.

No Liability For Consequential Damages. Scalable Computing shall not be liable for any damages (including, without limitation, loss of profits, loss of information, or any other commercial loss) arising from the use or inability to use this product. This limitation does not apply where the law prohibits an exclusion of liability for consequential or incidental damages.

Export Controls

Export controls. This software may not be downloaded or exported (1) into or to a resident of Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran Syria or any other country to which the U.S. has embargoed goods; or (2) to anyone on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By Downloading or using this software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Applicable Law

Applicable Law. This agreement shall be governed by the laws of the State of California.

U. S. Government Restricted Rights

U. S. Government Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraph (a) through (d) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19 when applicable, or in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013. Manufacturer is NetAlive Inc., 3000 Sand Hill Rd., Bldg. 4, Suite 170, Menlo Park, CA 94025