| Description |
Remote Administrator (Radmin) is the award-winning remote control program that is fast, reliable and secure, which enables you to work on one or more remote computers from your own computer.
You see the remote computer desktop displayed either in a window or full screen on your computer monitor. All your mouse and keyboard functions are transferred to the remote computer. You work with the remote computer as if you are sitting in front of it. The remote computer can be located anywhere on the Internet or LAN. It is a complete remote control and remote access solution with all key features such as View and Control Modes, File Transfer and Telnet support included.
Radmin is optimized for both high- and low-bandwidth connections, so even if connected via modem, you have 5-10 screen updates per second.
If you are connected to a LAN you, can reach real-time speeds of 100 - 500 screen updates per second. This can be adjusted up or down to save bandwidth. When in "Full control" mode you can do whatever you like on the remote computer - remote access, monitor, transfer files to and from, shutdown, logoff, etc. All provided you have a login and the permissions.
Radmin provides robust 128-bit strong encryption of all data streams.
Radmin supports the OS-integrated NT security system with NTLMv2 support, and includes smart protection from password guessing and DoS attacks. The software is based on the TCP/IP protocol. All you need to control a computer located anywhere in the world is a TCP/IP connection between the two computers and a login.
Radmin is very secure and reliable remote control software. It typically works months without exceptions. Radmin is widely used for network management and helpdesk support either in large corporate networks with tens of thousands of computers or on small business and home networks. Many travellers use Radmin to remotely access their home or office computers from anywhere. It is also extensively used by telecommuters. |
| Supported languages: English, Spanish, French, German, Italian, Russian |
| Supported OS: Win95, Win98, WinME, WinXP, WinNT 4.x, Windows2000, Windows2003 |
| Installation: Install and Uninstall |
| Requirements: nothing special |
|
| Release info |
|
06/15/2004
New Release
|
Changes:
New authorization module, stronger security, embedded NT
&
AD authentification support, NTLMv2 support, interface changes.
|
|
| Permissions |
Single license permits the use of Radmin on two computers (client and server for each PC). Two single licenses are needed for four computers, five are needed for 10 computers, etc.
Multi-licenses packages. 50 single licenses Package is equivalent to 50 single licenses. This permits the use of Radmin on up to 100 computers (both client and server for each of the 100 PC's).
NOTE: 100 single licenses Package and 200 single licenses Package are also available.
Volume licensing program is designed for wide corporate usage (over 400 computers) of Radmin. The Famatech's Volume Licensing Program benefits include:
- Significant discounts based on your number of computers
- Upgrade/Update Notification
- A set of installation media and documentation/user guides with your initial license purchase
- Prompt and complete technical support
Helpdesk license is for companies that provide remote support and helpdesk services to their clients. Since it's rather difficult to make several hundred users purchase Radmin, the solution in this case is the helpdesk license. This licensing option covers a large number of client computers that don't belong to the helpdesk provider.
STANDARD SUPPORT PACKAGE. With this package you'll get the most complete answers to all your technical questions within 24 hours, guaranteed. Purchasers of the Standard Support Package are also provided access to our Advanced Manual containing data on how to most effectively use Radmin.
Purchasing
Visit our ordering page http://www.famatech.com/ordering/procedure/ to purchase Remote Administrator. |
|
| End user license agreement |
REMOTE ADMINISTRATOR 2.2
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 International Corp. (collectively, the ?Company?), regarding the
software and service titled Remote Administrator 2.2 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 Remote
Administrator 2.2 version indicated by a change in the decimal numeral, such
as 2.3 or 2.4, 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 ?I AGREE? CHECKBOX IS A
SYMBOL OF YOUR SIGNATURE AND BY CLICKING ON THE ?I AGREE? 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 the Company at: legal@famatech.com.
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/or its suppliers own and retain all
right, title, and interest in and to the Product, including without
limitations any error corrections, enhancements, Updates or other
modifications to the Software, whether made by the Company or any
third party, and 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 and you acknowledge
that the License, as further defined herein, granted under this
Agreement only provides you with a right of limited use under the
terms and conditions of this Agreement.
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 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. For purposes hereof, ?License Key? shall mean a file or a
unique sequence of digit and/or symbols provided to you by the
Company confirming the purchase of the license from the Company,
which may carry the information about the License, i.e. its type,
the user name and the number of licenses purchased, and enabling the
full functionality of the Product in accordance with the License
granted under this Agreement. 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 Remote Administrator 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 (?to Use?) the
specified version of the Software on a specified 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?) pursuant to the terms
and conditions of this Agreement (?License?) and you hereby agree and
accept such License as follows:
a). Trial Version.
If you have received, downloaded and/or installed a trial version
of the Product and are hereby granted an evaluation license for
the Software and you may Use the Product only for evaluation
purposes and only during the single applicable evaluation period
of thirty (30) days, unless otherwise indicated, from the date of
the initial installation. Any use of the Product for other
purposes or beyond the applicable evaluation period is strictly
prohibited, provided however that, subject to the restrictions
contained herein, you may copy and distribute a trial version of
the Software without any modifications whatsoever to any third
party subject to this Agreement.
b). Grant of Single License.
Upon payment for the License and registration of the Product, you
are granted a non-exclusive and non-transferable License to
install and Use one (1) copy of the Product and during the Term
of this Agreement, subject to the payment of the applicable fees
and your compliance with the terms hereof, permits you to Use
one (1) copy of the specified version of the Product, on two
Client Devices. Additionally, the individual licensing terms
may specify other terms, conditions and restrictions of Using
the Product.
c). Company License.
If the Product is licensed with company license terms specified
in the applicable product invoicing or packaging for the Product,
you may install and Use the Product on up to 1000 Client Devices,
regardless of location, owned by your company. Additionally, the
individual licensing terms may specify other terms, conditions
and restrictions of Using the Product.
d). Site License.
If the Product is licensed with site license terms specified in
the applicable product invoicing or packaging for the Product,
you may install and Use the Product on up to 250 Client Devices
within a single building owned or leased by your company.
Additionally, the individual licensing terms may specify other
terms, conditions and restrictions of Using the Product.
e). Grant of Multiple Licenses.
If you have purchased multiple licenses for the Product, as
reflected the License Key File granted to you by the Company,
then the number of multiple licenses and the licensing terms
reflected in the License Key shall determine the number of
copies of the Product you may have, the permitted uses, and
the number of Client Devices on which you may Use the
Product provided that unless the type of the License and
explicit licensing terms, i.e. Site License or Company License,
and the License Key provides otherwise, each purchased license
entitles you to install and Use the Product on two (2) Client
Devices. 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 Used remotely from one or
more other Client Devices. You may need to review your license
agreements relating to other applicable third parties? applications
or products 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 or products, including the use through remote access.
You are solely responsible for compliance with such third parties?
rights and obtaining all necessary third parties? licenses or
consents.
2.3. Multiple Environment Product; Multiple Language Product;
Dual Media Product; Multiple Copies; Bundles.
If you use different versions of the Product or different language
editions of the Product, if you receive the Product on multiple
media, if you otherwise receive multiple copies of the Product, or
if you received the Product bundled with other software, the total
permitted number of your Client Devices on which all versions of the
Product are installed shall correspond to the number of licenses you
have obtained from the Company provided that unless the licensing
terms and the License Key provides otherwise, each purchased license
entitles you to install and Use the Product on two (2) Client
Devices. You may not rent, lease, sublicense, lend or transfer any
versions or copies of the Product regardless of whether you use the
Product or not.
2.4. 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 in 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).
2.5. 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.
2.6. No Rights Upon Termination.
Upon termination of this Agreement you will no longer be authorized
to Operate or use the Product in any way
2.7. Material Terms and Conditions.
You specifically agree that each of the terms and conditions of this
Section 2 are material and that failure of you to comply with these
terms and conditions shall constitute sufficient cause for Company to
immediately terminate this Agreement and the License granted under
this Agreement. The presence of this Section 2.7 shall not be
relevant in determining the materiality of any other provision or
breach of this Agreement by either party hereto.
3. Restrictions.
3.1. No Transfers.
Under no circumstances you shall sell, loan, rent, lease, loan,
license, sublicense, publish, display, distribute, or otherwise
transfer to a third party the Product, any copy or use thereof, in
whole or in part, without Company's prior written consent, provided
that if such non-waivable right is specifically granted to you under
applicable law in your jurisdiction you may transfer your rights
under this Agreement permanently to another person or entity,
provided that a) you also transfer this Agreement, the Product, all
accompanying printed materials, and all other software or hardware
bundled or pre-installed with the Product, including all copies,
Updates and prior versions, to such person or entity; b) retain no
copies, including backups and copies stored on a Client Device;
and c) the receiving party accepts the terms and conditions of this
Agreement and any other terms and conditions upon which you legally
purchased a license to the Product. Notwithstanding the foregoing,
you may not transfer education, pre-release, or ?not for resale?
copies of the Product. In no case you may permit third parties to
benefit from the use or functionality of the Product via a
timesharing, service bureau or other arrangement, except to the
extent such use is specified in the application price list, purchase
order or product packaging for the Product.
3.2. Prohibitions.
Except as otherwise specifically provided for in this Agreement, you
may not use, copy, emulate, clone, rent, lease, sell, modify,
decompile, disassemble, otherwise reverse engineer, or otherwise
reduce any party of the Product to human readable form or transfer
the licensed Product, or any subset of the licensed Product, 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
non-waivable 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. Any such unauthorized use shall result in immediate and
automatic termination of this Agreement and the License granted
hereunder and may result in criminal and/or civil prosecution.
Neither Product?s binary code nor source may be used or reverse
engineered to re-create the program algorithm, which is proprietary,
without written permission of the Company. All rights not expressly
granted here are reserved by Company and/or its suppliers and
licensors, as applicable.
3.3. License Key File.
You may not give give away, sell or otherwise transfer your
registration License Key File or any copy thereof to a third party.
Product?s Key Files may not be distributed, except as provided
herein, outside of the area of legal control of the person or
persons who purchased the original License, without written
permission of the Company. Doing so will result in an infringement
of copyright. The Company retains the right of claims for
compensation in respect of damage which occurred by your giving away
the License Key File or registration code contained therein. This
claim shall also extend to all costs which the Company or its
licensors incur in defending themselves.
3.4. 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.
3.5. No Transfer of Rights.
Except as otherwise specifically provided herein, you may not
transfer or assign any of the rights granted to you under this
Agreement or any of your obligations pursuant hereto.
3.6. 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 or may fail
to Operate if installed 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. Limited Warranty.
The Company warrants that for sixty (60) days from the earlier of
i) original purchase of the media (e.g. diskettes) on which the
Product is contained, or ii) the date the License Key File is
provided to you by Company, the Product will be free from defects in
materials and workmanship and that the Software will perform
substantially in accordance with the Documentation or generally
conform to the Product?s specifications published by the Company.
Non-substantial variations of performance from the Documentation do
not establish a warranty right.
THIS LIMITED WARRANTY DOES NOT APPLY TO TRIAL AND EVALUATION VERSIONS,
UPDATES, PRE-RELEASE, TRYOUT, PRODUCT SAMPLER, OR NOT FOR RESALE
(NFR) COPIES OF PRODUCT.
To make a warranty claim, you must return the Product to the location
where you obtained it along with proof of purchase within such
sixty (60) day period of the license fee you paid for the Product.
THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC
LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION.
4.2. Customer Remedies.
The Company and its suppliers? entire liability and your exclusive
remedy for any breach of the foregoing warranty shall be at the
Company?s option: (i) return of the purchase price paid for the
license, if any, (ii) replacement of the defective media in which
the Product is contained, or (iii) correction of the defects, ?bugs?
or errors within reasonable period of time. You must return the
defective media to the Company at your expense with a copy of your
receipt. This limited warranty is void if the defect has resulted
from accident, abuse, or misapplication. Any replacement media will
be warranted for the remainder of the original warranty period.
4.3. NO IMPLIED OR OTHER WARRANTIES.
EXCEPT FOR THE FOREGOING LIMITED WARRANTY AND 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.
4.4. 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. Notice to U.S. Users.
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. U.S. Export Restrictions for U.S. Users.
If you are a U.S. person or entity or if you are otherwise subject
to U.S. laws and regulations, 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.famatech.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 British Virgin Islands without
reference to conflicts of law rules and principles. 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. You agree that this Agreement is
to be performed in the British Virgin Islands 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
courts in the British Virgin Islands, 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, please contact our
Customer Department at legal@famatech.com.
Copyright ¿ 1999-2004 Famatech International 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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