System Frontier END-USER LICENSE AGREEMENT
Effective starting: November 1, 2018
IMPORTANT – PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE INSTALLATION OR USE OF THIS PROGRAM: Noxigen LLC’s End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Noxigen LLC for the Noxigen LLC software product(s) identified above which may include associated software components, media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Noxigen LLC, (referred to as “licenser”), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
Subject to the payment of the applicable license fees, and subject to the terms and conditions of this EULA, the licenser grants you the following nonexclusive, nontransferable rights with regard to the license of the SOFTWARE PRODUCT:
(a) Installation and Use.
The licenser grants you the right to install and use copies of the SOFTWARE PRODUCT on one or more computers acting as a SERVER, for the purposes of running the SERVER components of the SOFTWARE PRODUCT to manage Managed Nodes.
A “Managed Node” or “Node” license is required for all objects that exist in the SOFTWARE PRODUCT’s database or that will be managed directly or indirectly by the SOFTWARE PRODUCT. This includes, but is not limited to, virtual or physical servers, workstations, network devices, printers and directory users.
The number of managed nodes and features configured for the SOFTWARE PRODUCT are limited to the terms of your evaluation or specific purchase.
(b) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
You agree to comply with the license agreements of all 3rd party software components included or used by the SOFTWARE PRODUCT.
You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from The licenser’s websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not, or allow 3rd parties to, reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Notwithstanding the foregoing, decompiling the Software is permitted to the extent the laws of the Territory give You the express right to do so to obtain information necessary to render the Software interoperable with other software; provided, however, You must first request such information from Noxigen LLC (via firstname.lastname@example.org), provide all reasonably requested information to allow Noxigen to assess Your claim, and Noxigen may, in its discretion, either provide such interoperability information to You, impose reasonable conditions, including a reasonable fee, on such use of the Software, or offer to provide alternatives to ensure that the licenser’s proprietary rights in the Software are protected and to reduce any adverse impact on the licenser’s proprietary rights
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
The licenser may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
Without prejudice to any other rights, the licenser may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession as well your affiliates, vendors and contractors.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by The licenser or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by The licenser.
5. NO WARRANTIES
The licenser expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. The licenser does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. The licenser makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. The licenser further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall The licenser be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of ‘Authorized Users’ use of or inability to use the SOFTWARE PRODUCT, even if The licenser has been advised of the possibility of such damages. In no event will the licenser be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. The licenser shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
The licensee grants the licenser the right to use licensee’s name and company logo on licenser’s promotional material, including but not limited to, the customer list and public website. To be removed from promotional materials, send a request to email@example.com.
Questions or concerns regarding this EULA should be emailed to firstname.lastname@example.org or written to Noxigen LLC, 1550 W McEwen DR STE 300, Franklin, TN 37067 USA