By receiving, opening the file package, and/or using RAPIDSnapshot ("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Rapid4Cloud your use of RAPIDSnapshot indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Rapid4Cloud grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use RAPIDSnapshot in accordance with this Agreement and any other written agreement with Rapid4Cloud. Rapid4Cloud does not transfer the title of RAPIDSnapshot to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Rapid4Cloud and the purchasers or users of RAPIDSnapshot.
If you do not agree to be bound by this agreement, remove RAPIDSnapshot from your computer now and, if applicable, promptly return to Rapid4Cloud by mail any copies of RAPIDSnapshot and related documentation and packaging in your possession.
RAPIDSnapshot and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of RAPIDSnapshot contact Rapid4Cloud.
3. USER AGREEMENT
Your license to use RAPIDSnapshot is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of RAPIDSnapshot.
3.2 Use Restrictions
You shall use RAPIDSnapshot in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of RAPIDSnapshot together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of RAPIDSnapshot may be used on one single computer location by one user. Use of RAPIDSnapshot means that you have loaded, installed, or run RAPIDSnapshot on a computer or similar device. If you install RAPIDSnapshot onto a multi-user platform, server or network, each and every individual user of RAPIDSnapshot must be licensed separately.
You may make one copy of RAPIDSnapshot for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of RAPIDSnapshot. The assignment, sublicense, networking, sale, or distribution of copies of RAPIDSnapshot are strictly forbidden without the prior written consent of Rapid4Cloud. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of RAPIDSnapshot. If any person other than yourself uses RAPIDSnapshot registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile RAPIDSnapshot. Nor can you create any derivative works or other works that are based upon or derived from RAPIDSnapshot in whole or in part.
Rapid4Cloud's name, logo and graphics file that represents RAPIDSnapshot shall not be used in any way to promote products developed with RAPIDSnapshot . Rapid4Cloud retains sole and exclusive ownership of all right, title and interest in and to RAPIDSnapshot and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of RAPIDSnapshot, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Rapid4Cloud.
3.4 Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
3.6 Governing Law
This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of RAPIDSnapshot and destroy all copies of RAPIDSnapshot supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. CONSENT OF USE OF DATA
You agree that Rapid4Cloud may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to RAPIDSnapshot. Rapid4Cloud may also use this information to provide notices to you which may be of use or interest to you.
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