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Code Editor : eula.txt

RADMIN 3.5.2 VIEWER
END USER LICENSE AGREEMENT

NOTICE TO USER:
THIS IS A CONTRACT.  AT THE END, YOU WILL BE ASKED TO ACCEPT THIS
AGREEMENT AND CONTINUE TO INSTALL OR, IF YOU DO NOT WISH TO
ACCEPT THIS AGREEMENT, TO  DECLINE THIS AGREEMENT, IN WHICH CASE
YOU WILL NOT BE ABLE TO USE, INSTALL  OR OPERATE THE PRODUCT, AS
DEFINED BELOW.  BY INSTALLING THIS SOFTWARE YOU  ACCEPT ALL THE
TERMS AND CONDITIONS OF THIS AGREEMENT.

This Electronic End User License Agreement (the "Agreement") is a legal
agreement between you (either an individual or an entity), the licensee, and 
Famatech Corp. (collectively, the "Company"), regarding the 
software and service titled Radmin 3.5.2 Viewer that you about to download,
downloaded,  or otherwise obtained through other resources or media such as
CD-ROMs, floppy disks, or though a network in object code form or other
related services, including without limitation a) all of the contents of the
files, disk(s), CD-ROM(s) or other media with which this Agreement is provided
(the "Software"), and b) all successor upgrades, revisions, patches, 
enhancements, fixes modifications, copies, additions or maintenance releases of 
the Software, if any, licensed to you by the Company (collectively, the 
"Updates") provided that the Updates shall not include a new subsequent 
releases of the Radmin bearing a new first numeral such as 4.0 or 5.0 
("New Releases") but include any minor revisions of the Radmin 3.5.2 Viewer 
version indicated by a change in the decimal numeral, such as 3.6 or 3.7, and  
c) related user documentation and explanatory materials or files provided in
written, "online" or electronic form (the "Documentation" and together with
the Software and Updates, the "Product").  You are subject to the terms and
conditions of this End User License Agreement whether you access or obtain
the Product directly from the Company, or through any other source. For
purposes hereof, "you" means the individual person installing or using the
Product on his or her own behalf; or, if the Product is being downloaded or
installed on behalf of an organization, such as an employer, "you" means the
organization for which the Product is downloaded or installed and it is
represented hereby that such organization has authorized the person accepting
this agreement to do so on its behalf.  For purposes hereof the term
"organization", without limitation, includes any partnership, limited
liability company, corporation, association, joint stock company, trust, joint
venture, labor organization, unincorporated organization, or governmental
authority.

By accessing, downloading, storing, loading, installing, executing,
displaying, copying the Product into the memory of a computer or otherwise
benefiting from using the functionality of the Product in accordance with the
Documentation ("Operating"), you agree to be bound by the terms of this
Agreement. If you do not agree to the terms and conditions of this Agreement,
the Company is unwilling to license the Product to you. In such event, you may
not Operate or use the Product in any way.

BEFORE YOU PUT A CHECKMARK by the statement "I agree with the above terms and 
conditions" and CLICK ON THE "NEXT" BUTTON, CAREFULLY READ THE TERMS
AND CONDITIONS OF THIS AGREEMENT. YOUR CLICK OF THE "NEXT" BUTTON
IS A SYMBOL OF YOUR SIGNATURE  AND BY CLICKING ON THE "NEXT"
BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A
PARTY TO THIS AGREEMENT AND AGREE THAT THIS AGREEMENT IS
ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK
THE "EXIT" BUTTON AND THE SOFTWARE WILL NOT BE INSTALLED ON YOUR
COMPUTER. This Product will not install on your computer unless or until
you accept the terms of this Agreement. You may also receive a copy of this
Agreement by contacting Famatech at:
http://www.radmin.com/support/feedback.php

1. Proprietary Rights and Non-Disclosure.

1.1. Ownership Rights.
       You agree that the Product and the authorship, systems, ideas, methods
       of operation, documentation and other information contained in the
       Product, are proprietary intellectual properties and/or the valuable
       trade secrets of the Company or its suppliers and/or licensors and are
       protected by civil and criminal law, and by the law of copyright, trade
       secret, trademark and patent of the United States, other countries and
       international treaties. You may use trademarks only insofar as to
       identify printed output produced by the Product in accordance with
       accepted trademark practice, including identification of trademark
       owner's name.  Such use of any trademark does not give you any rights
       of ownership in that trademark. The Company and its suppliers own and
       retain all right, title, and interest in and to the Product, including
       all copyrights, patents, trade secret rights, trademarks, and other
       intellectual property rights therein.  Your possession, installation or
       use of the Product does not transfer to you any title to the
       intellectual property in the Product, and you will not acquire any
       rights to the Product except as expressly set forth in this Agreement.
       All copies of the Product made hereunder must contain the same
       proprietary notices that appear on and in the Product. Except as stated
       herein, this Agreement does not grant you any intellectual property
       rights in the Product.

1.2. Source Code.
       You acknowledge that the source code for the Product is proprietary to
       the Company or its suppliers and/or licensors and constitutes trade
       secrets of the Company or its suppliers and/or licensors. You agree not
       to modify, adapt, translate, reverse engineer, decompile, disassemble
       or otherwise attempt to discover the source code of the Product in any
       way.

1.3. Confidential Information.
       You agree that, unless otherwise specifically provided herein or agreed
       by the Company in writing, the Product, including the specific design
       and structure of individual programs and the Product, constitute
       confidential proprietary information of the Company or its suppliers
       and/or licensors.  You agree not to transfer, copy, disclose, provide
       or otherwise make available such confidential information in any form
       to any third party without the prior written consent of the Company.
       You agree to implement reasonable security measures to protect such
       confidential information provided however, that you may make and
       distribute unlimited copies of the Software in object code only,
       including copies for commercial distribution, as long as each copy that
       you make and distribute contains this Agreement subject to end user's
       acceptance before the first use, the Radmin Software installer, and the
       same copyright and other proprietary notices pertaining to this
       Software that appear in the Software.  If you download the Software
       from the Internet or similar on-line source, you must include the
       copyright notices resident on the Software with any on-line
       distribution and on any media you distribute that includes the
       Software.

1.4. No Modification.
       You agree not to modify or alter the Product in any way. You may not
       remove or alter any copyright notices or other proprietary notices on
       any copies of the Product.

2. Grant of License.

2.1. License.
       The Company grants you the non-exclusive and non-transferable license
       to store, load, install, execute, and display the specified version of
       the Software on an unlimited number of computers, workstations,
       personal digital assistants, "smart phones", mobile phones, hand-held
       devices, or other electronic devices for which the software was
       designed (each a "Client Device").  The Company reserves all rights 
       not expressly granted herein.

2.2. Remote Access.
       The Product contains various technologies that enable other
       applications of third parties installed on a Client Device (the "Host
       Client Device") to be used or Operated remotely from one or more other
       Client Devices. You may need to review your license agreements relating
       to other applicable third parties' applications to which you may be
       able to obtain remote access using the Product in order to ascertain
       your compliance with the restrictions and limitations of the use of
       such third parties' applications, including the use through remote
       access.

2.3. Updates.
       During the Term of this Agreement, you may download Updates to the
       Product when and as the Company publishes them in its website or
       through other online services. Notwithstanding any provision to the
       contrary herein, nothing is this Agreement shall be construed as to
       grant you any rights or licenses with regard to the New Releases of
       the Product or to entitle you to any New Release. This Agreement does
       not obligate the Company to provide any Updates. Notwithstanding the
       foregoing, any Updates that you may receive become part of the Product
       and the terms of this Agreement apply to them (unless this Agreement is
       superceded by a further Agreement accompanying such Update or modified
       version of to the Product).

2.4. Term and Termination.
       The term of this Agreement ("Term") shall begin when you download or
       install the Product (whichever is earlier) and shall continue, unless
       otherwise terminated pursuant hereto, in perpetuity or for the term
       specified in the license granted hereunder. The Company may terminate
       this Agreement by offering you a superseding Agreement for the Product
       or any replacement or modified version of or upgrade or New Release of
       the Product and conditioning your continued use of the Product or such
       replacement, modified or upgraded version or New Release on your
       acceptance of such superseding Agreement. This Agreement may be also
       terminated by the Company immediately and without notice if you fail to
       comply with any of your obligation or conditions of this Agreement.
       Without prejudice to any other rights, this Agreement will terminate
       automatically if you fail to comply with any of the limitations or
       other requirements described herein.  Upon any termination or
       expiration of this Agreement, you must immediately cease use of the
       Product and destroy all copies of the Product.

2.5. No Rights Upon Termination.
       Upon termination of this Agreement you will no longer be authorized to
       Operate or use the Product in any way.

3. Restrictions.

3.1. No Transfer of Rights.
       You may not rent, lease, loan the Product. You may not reverse engineer, 
       decompile, disassemble or otherwise reduce any party of the Product to human
       readable form nor permit any third party to do so, except to the extent
       the foregoing restriction is expressly prohibited by applicable law.
       Notwithstanding the foregoing sentence, decompiling the Software is
       permitted to the extent the laws of your jurisdiction give you the
       right to do so to obtain information necessary to render the Software
       interoperable with other software; provided, however, that you must
       first request such information from the Company and the Company may,
       in its discretion, either provide such information to you (subject to
       confidentiality terms) or impose reasonable conditions, including a
       reasonable fee, on such use of the Software to ensure that the
       Company's and its suppliers and/or licensors proprietary rights in the
       Software are protected.  You may not modify, or create derivative works
       based upon the Product in whole or in part.

3.2. Proprietary Notices and Copies.
       You may not remove any proprietary notices or labels on the Product.
       You may not copy the Product except as expressly permitted in Section 2
       above.

3.3. No Transfer.
       Except as otherwise specifically provided herein, you may not transfer
       or assign any of the rights granted to you under this Agreement.

3.4. Additional Protection Measures.
       Solely for the purpose of preventing unlicensed use of the Product, the
       Software may install on your computer technological measures that are
       designed to prevent unlicensed use, and the Company may use this
       technology to confirm that you have a licensed copy of the Product.
       The update of these technological measures may occur through the
       installation of the Updates.  The Updates will not install on
       unlicensed copies of the Product. If you are not using a licensed copy
       of the Product, you are not allowed to install the Updates. The Company
       will not collect any personally identifiable information from your
       computer during this process.

4. NO WARRANTY AND DISCLAIMER.

4.1. No Express Warranty.
       The Software is being delivered to you "AS IS" and the Company makes no
       warranty as to its use or performance.

4.2. NO IMPLIED OR OTHER WARRANTIES.
       EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM
       TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE
       EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR
       JURISDICTION, THE PRODUCT IS PROVIDED "AS-IS" WITHOUT ANY
       WARRANTY WHATSOEVER AND THE COMPANY MAKES NO PROMISES,
       REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR
       IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE
       OR OTHERWISE, REGARDING OR RELATING TO THE PRODUCT OR
       CONTENT THEREIN OR TO ANY OTHER MATERIAL FURNISHED OR
       PROVIDED TO YOU PURSUANT TO THIS AGREEMENT OR OTHERWISE.
       YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR SELECTION
       OF THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR
       THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE
       PRODUCT. THE COMPANY MAKES NO WARRANTY THAT THE PRODUCT
       WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE,
       OR THAT IT IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR
       SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
       LAW, COMPANY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR
       IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
       OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY
       RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS
       FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCT
       AND THE ACCOMPANYING WRITTEN MATERIALS OR THE USE THEREOF.
       SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED
       WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
       YOU HEREBY ACKNOWLEDGE THAT THE PRODUCT MAY NOT BE OR
       BECOME AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING
       WITHOUT LIMITATION PERIODIC SYSTEM MAINTENANCE, SCHEDULED
       OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE
       SOFTWARE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR
       DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE
       ATTACKS, INCREASED OR FLUCTUATING DEMAND, AND ACTIONS
       AND OMISSIONS OF THIRD PARTIES.  THEREFORE, THE COMPANY
       EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY
       REGARDING SYSTEM AND/OR SOFTWARE AVAILABILITY,
       ACCESSIBILITY, OR PERFORMANCE. THE COMPANY DISCLAIMS
       ANY AND ALL LIABILITY FOR THE LOSS OF DATA DURING ANY
       COMMUNICATIONS AND ANY LIABILITY ARISING FROM OR RELATED
       TO ANY FAILURE BY THE COMPANY TO TRANSMIT ACCURATE OR
       COMPLETE INFORMATION TO YOU.

4.3. LIMITED LIABILITY; NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
       YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM
       YOUR USE OF THE PRODUCT AND THE INFORMATION CONTAINED
       IN OR COMPILED BY THE PRODUCT, AND THE INTERACTION (OR
       FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR
       SOFTWARE WHETHER PROVIDED BY THE COMPANY OR A THIRD PARTY.
       TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
       EVENT WILL THE COMPANY OR ITS SUPPLIERS OR LICENSORS BE
       LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
       LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
       INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF
       GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION
       IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER
       PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE
       THE PRODUCT, OR THE INCOMPATIBILITY OF THE PRODUCT WITH
       ANY HARDWARE SOFTWARE OR USAGE, EVEN IF SUCH PARTY HAS
       BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
       EVENT WILL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL
       DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN
       CONTRACT, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU
       FOR THE PRODUCT. THIS LIMITATION OF LIABILITY SHALL NOT
       APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE
       EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
       FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
       EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
       INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
       YOU.

5. U.S. Government-Restricted Rights.

5.1. Notice to U.S. Government End Users.
       The Product and accompanying Documentation are deemed to be
       "Commercial Items", as that term is defined at 48 C.F.R. �2.101,
       consisting of "Commercial Computer Software" and "Commercial Computer
       Software Documentation", respectively, as such terms are used in
       48 C.F.R. �12.212 or 48 C.F.R. �227.7202, as applicable. Consistent
       with 48 C.F.R. �12.212 or 48 C.F.R. ��227.7202-1
       through 227.7202-4, as applicable, the Commercial Computer
       Software and Commercial Computer Software Documentation are being
       licensed to U.S. Government end users (a) only as Commercial Items
       and (b) with only those rights, including any use, modification,
       reproduction, release, performance, display or disclosure of the
       Product and accompanying Documentation, as are granted to all other
       end users pursuant to the terms and conditions herein.
       Unpublished-rights reserved under the copyright laws of the
       United States.

5.2. Export Restrictions.
       You acknowledge and agree that the Product may be subject to
       restrictions and controls imposed by the Export Administration Act and
       the Export Administration Regulations of the United States
       (the "Acts"). You agree and certify that neither the Product nor any
       direct product thereof is being or will be used for any purpose
       prohibited by the Acts. You may not Operate, download, export, or
       re-export the Product (a) into, or to a national or resident of, any
       country to which the United States has embargoed goods, or (b) to
       anyone on the United States Treasury Department's list of Specially
       Designated Nationals or the U.S. Commerce Department's Table of Deny
       Orders. By Operating the Product, 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. You acknowledge that
       it is your sole responsibility to comply with any and all government
       export and other applicable laws and that the Company has no further
       responsibility for such after the initial license to you. You warrant
       and represent that neither the U.S. Commerce Department, Bureau of
       Export Administration nor any other U.S. federal agency has suspended,
       revoked or denied your export privileges.

6. Your Information and the Company's Privacy Policy.

6.1. Privacy Policy.
       You hereby expressly consent to the Company's processing of your
       personal data (which may be collected by the Company or its
       distributors) according to the Company's current privacy policy as of
       the date of the effectiveness hereof which is incorporated into this
       Agreement by reference
       ( see http://www.radmin.com/about/legal/pp.php ). By entering into this
       Agreement, you agree that the Company may collect and retain
       information about you, including your name, email address and credit
       card information.  The Company employs other companies and individuals
       to perform functions its behalf.  Examples include fulfilling orders,
       delivering packages, sending postal mail and e-mail, removing
       repetitive information from customer lists, analyzing data, providing
       marketing assistance, processing credit card payments, and providing
       customer service.  They have access to personal information needed to
       perform their functions, but may not use it for other purposes. The
       Company publishes a privacy policy on its web site and may amend such
       policy from time to time in its sole discretion.  You should refer to
       the Company's privacy policy prior to agreeing to this Agreement for a
       more detailed explanation of how your information will be stored and
       used by the Company.  If "you" are an organization, you will ensure
       that each member of your organization (including employees and
       contractors) about whom personal data may be provided to the Company
       has given his or her express consent to the Company's processing of
       such personal data.  Personal data will be processed by the Company or
       its distributors in the country where it was collected, and possibly in
       the United States and Germany.  United States laws regarding processing
       of personal data may be less or more stringent than the laws in your
       jurisdiction.

7. Miscellaneous.

7.1. Governing Law; Jurisdiction and Venue.
       This Agreement shall be governed by and construed and enforced in
       accordance with the laws of the Commonwealth of Virginia without
       reference to conflicts of law rules and principles. To the extent
       permitted by law, the provisions of this Agreement shall supersede any
       provisions of the Uniform Commercial Code as adopted or made applicable
       to the Products in any competent jurisdiction.  This Agreement shall
       not be governed by the United Nations Convention on Contracts for the
       International Sale of Goods, the application of which is expressly
       disclaimed and excluded.  The federal and state courts within the
       Commonwealth of Virginia shall have exclusive jurisdiction to
       adjudicate any dispute arising out of this Agreement. You agree that
       this Agreement is to be performed in Commonwealth of Virginia and that
       any action, dispute, controversy, or claim that may be instituted based
       on this Agreement, or arising out of or related to this Agreement or
       any alleged breach thereof, shall be prosecuted exclusively in the
       federal or state courts in the Commonwealth of Virginia, and you, to
       the extent permitted by applicable law, hereby waive the right to
       change venue to any other state, county, district or jurisdiction;
       provided, however, that the Company as claimant shall be entitled to
       initiate proceedings in any court of competent jurisdiction.

7.2. Period for Bringing Actions.
       No action, regardless of form, arising out of the transactions under
       this Agreement, may be brought by either party hereto more than
       one (1) year after the cause of action has occurred, or was discovered
       to have occurred, except that an action for infringement of
       intellectual property rights may be brought within the maximum
       applicable statutory period.

7.3. Entire Agreement; Severability; No Waiver.
       This Agreement is the entire agreement between you and Company and
       supersedes any other prior agreements, proposals, communications or
       advertising, oral or written, with respect to the Product or to subject
       matter of this Agreement provided that the Company and you may limit,
       modify or changes the applicability of the terms of this Agreement by
       a prior, contemporaneous or subsequent written agreement by referencing
       this Section 7.3 of the Agreement and expressly providing for such
       limitation, modification or changes. You acknowledge that you have read
       this Agreement, understand it and agree to be bound by its terms. If
       any provision of this Agreement is found by a court of competent
       jurisdiction to be invalid, void, or unenforceable for any reason, in
       whole or in part, such provision will be more narrowly construed so
       that it becomes legal and enforceable, and the entire Agreement will
       not fail on account thereof and the balance of the Agreement will
       continue in full force and effect to the fullest extent permitted by
       law. No waiver of any breach of any provisions of this Agreement will
       constitute a waiver of any prior, concurrent or subsequent breach and
       no waiver will be effective unless made in writing.

7.4. Contact Information. Should you have any questions concerning this
       Agreement, or if you desire to contact the Company for any reason,
       Customer Department at http://www.radmin.com/support/feedback.php

Copyright � 1999-2017 Famatech Corp. and its licensors.  All rights 
reserved.  
The Product, including the Software and any accompanying Documentation, are 
copyrighted and protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties

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Code Editor : eula.txt