Sentry Network Monitor Version 1.1.7

This license agreement is a binding contract between you (natural person or legal entity) and Intellipool AB, and applies to the software product from Intellipool AB specified above. By installing, producing copies or otherwise using this software, you are accepting the terms of this license agreement, and thereby consenting to be bound by it. If you do not accept the terms of this license, you are not entitled to install or use this software.

1.      Licensed Product

The Licensed Product consists of the software program in a machine-readable form, including specifications and other electronic documentation, as indicated above.

2.      Grant of license

This License Agreement gives the licensee a non-exclusive right to use the Licensed Product pursuant to the terms and conditions of this Agreement.

3.      License fee

The rights granted under this License are conditioned on the licensee having paid the license fee for the Licensed Product, pursuant to the terms and conditions applied by the licensor at the time in question.

4.      Free versions of the software

The terms and conditions of this license agreement shall also apply to users who are given access to the free version of the software product supplied by the Licensor.

5.      Scope of the License

The Licensee shall be entitled to install one copy of the Licensed Product on a single computer, which is used to provide users within the organisation of the Licensee with access to the functions of Licensed Products.

A few copies of the Licensed Product may be made for security- and archive-related purposes. Copies of the Licensed Product produced in this manner shall be subject to the terms and conditions of this Agreement.

The Licensee may not, by itself or through another, use, copy or otherwise transfer or use the Licensed Product, in whole or in part, other than as set forth in this License Agreement. The Licensee may not, by itself, nor through another, discover, decompile or otherwise use the code to the Licensed Product to any extent not expressively allowed pursuant to law.

The Licensee may not, directly or indirectly, with or without consideration, sublicense, lease, lend or otherwise allow anyone but the Licensee to control or use the Licensed Product. Production of copies of the Licensed Product for private use is thus not allowed.

The assignment of any and all rights pursuant to this License Agreement may only be done with the written consent of the Licensor.

6.      Licensor’s right to the Licensed Product

The rights granted by this license shall not be construed to mean that the Licensor’s rights, including copyright and patent rights, where applicable, to the Licensed Product are being transferred to the Licensee. Nor do the rights granted by this license mean a transfer to the Licensee of title to the Licensed Product or to the medium on which the Licensed Product are made accessible to the Licensee.

7.      The Licensee’s duty to inspect and right to rescind

The Licensee, upon receiving the Licensed Product, has an obligation to check its functions and quality. If the Licensee finds that the Licensed Product do not fulfil the functions specified by the Licensor in the documentation included with the Licensed Product pursuant to section one, the Licensee shall be entitled to rescind the License Agreement. This right to rescission is conditioned upon the Licensor receiving a written notice within thirty (30) days of the date of delivery.

In the case of a rescission, the Licensor shall immediately refund the license fee. The Licensee shall not have the right to interest on this amount.

In the event the Licensed Product has been sold through a distributor, the distributor shall be responsible to effect a refund of the license fee.

8.      Right to cure defects, etc.

The Licensor shall cure deviations from the software specification of the Licensed Product, provided that the deviations affect the use of the Licensed Product to a significant degree. The Licensor may, in conjunction with this, choose to upgrade the Licensee’s version of the software.

9.      Limitation of liability

Beyond what is stipulated in the above provisions, the Licensor shall have no liability for the functioning or quality of the Licensed Product, since any defects are fully regulated through this Agreement.

Thus, the Licensor shall not be obligated, under any circumstances, to pay damages on account of a defect in the Licensed Product.

In addition, the Licensor shall have no liability for damage or injury, whether direct or indirect, which may have been sustained by the Licensee, regardless whether such damage or injury consists of lost revenues or additional expenses, such as lost or damaged data or the liability to reimburse a third party.

10.    Confidentiality

The Licensed Product contains business and trade secrets belonging to the Licensor. These have been made accessible to third parties only through this License Agreement. The Licensee is therefore under an obligation not to make the Licensed Product accessible to others without the written consent of the Licensor, and to take all reasonable actions to prevent third parties from accessing the business and trade secrets that the Licensed Product contain. The licensee is responsible for ensuring that the relevant staff receive instruction in this matter, and are obligated to abide by the rules for using the Licensed Product.

The Licensee’s obligation to maintain confidentiality shall continue to apply after the right to use the Licensed Product pursuant to this Agreement ceases due to cases of rescission or termination, or through assignment. The obligation to maintain confidentiality continues for a period of five years. In the case of copies maintained on file, pursuant to law, the obligation to maintain confidentiality shall continue as long as the Licensee shall keep the copy on file.

The Licensee shall be obligated to store Licensed Product in a secure manner during the period of the license, so as to prevent dissemination of the Licensed Product.

11.    Damages, etc.

In the event the Licensee shall violate any term of this Agreement that is of material importance to the Licensor, the Licensee shall indemnify the Licensor for its damage, regardless of whether or not the Licensor shall choose to rescind this Agreement. If, as a result of the breach of contract, an unauthorized person shall gain access to information regarding all or part of the Licensed Product, and this shall adversely affect the opportunities of the Licensor to market and grant licenses for the Licensed Product, the damage in each individual case shall be deemed to be equal to five Basic Amounts for National Insurance, unless damage in excess of that amount is proved.

If the Licensee’s breach of contract consisted of producing unauthorized copies, or parts thereof, the Licensee shall not only be obligated to pay the license fees for the unauthorized copies produced, but shall also be obligated to compensate the Licensor for any additional damage or injury.

12.    Term of the License, termination

Upon payment of the license fee, the rights granted under this license shall continue indefinitely.

At any time during the term of this license, the Licensee shall be entitled to terminate this Agreement. This termination shall not entitle the Licensee to a refund of any part of the license fee paid.

The Licensor shall be entitled to terminate this License Agreement upon immediate notice in the event the Licensee shall violate any of the terms of the Agreement.

The rights granted under this license shall automatically terminate when the Licensed Product is no longer in the possession of the Licensee.

Upon the termination of this Agreement, the Licensee shall be obligated to immediately destroy the Licensed Product, including both the software itself and copies thereof and the specifications and other documentation.

13.    Disputes

Disputes regarding the interpretation and/or application of this Agreement shall, in all cases, be determined by a Swedish court according to Swedish law.

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