LoriotPro End User License Agreement

* LUTEUS designates the author of the software or its representative and/or its wholly owned subsidiaries, or its suppliers.

IMPORTANT : THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND LUTEUS. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN SELECT THE "CANCEL", "EXIT", "QUIT" OR "DO NOT ACCEPT THE LICENSE AND QUIT" BUTTON, DO NOT INSTALL THE SOFTWARE. BY CLICKING ON THE "ACCEPT THE LICENSE" BUTTON YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

The software that includes binary, source code, sample programs, libraries and documentation (hereinafter the "Software") is licensed, not sold, to you by Luteus. ("Luteus") or its distributors for use only under the terms of this License, and Luteus reserves any rights not expressly granted to you. You own the media on which the Software is recorded or fixed, but Luteus retains ownership of the Software itself. All use of the Software is governed by the terms of the End User License Agreement which is provided below ("License Agreement"). The Software is solely for use by end users according to the terms of the License Agreement. Any use, reproduction or redistribution of the Software not in accordance with the terms of the License Agreement is expressly prohibited.

1. DEFINITIONS

* "Commercial Software" refers to the Software that is registered for using in commercial applications.
* "Educational Software" refers to the Software that is registered for using for educational purposes. Educational Software is identified, for use by students and faculty of educational institutions, only. Education Software may not be used for, or distributed to any party for, any commercial purpose.
* "Evaluation Software" refers to the Software that is auto registered for using during one period of 60 days, for evaluation only.

2. LICENSE

This EULA allows you to:

(a) Install and use the Commercial Software on a single computer; OR install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each separate computer on which the Software is installed and run. A license for the Software may not be shared or used concurrently on different computers.
(b) Educational Software Only. If you have attained a license for the Education Version of the Software, then you may install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network for use by a total number of concurrent users not to exceed the number of user licenses you have been granted and provided the Software is installed and run from the computer. You agree to implement reasonable controls to ensure that your use of the Software does not exceeds the number of licenses you have been granted. You agree that Luteus may audit your use of the Software for compliance with the EULA at any time, upon reasonable notice.
(c) Evaluation Software Only. If you have installed the Software for a 60 day evaluation ¦period, you agree to implement reasonable controls to ensure that your use of the Software does not exceeds the 60 day evaluation period time granted to you. You agree that Luteus may audit your use of the Software for compliance with the EULA at any time, upon reasonable notice.
(d) Make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software.
(e) Make copy of the Evaluation Software. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software.

Under the terms of this license you may :

2.1. Use the software.

(a) The Software is "in use" when you run binary, executable, or plugin modules.
(b) Develop any source code depended on the Software using the LorioPro SDK and link your projects named plugin to the binary of the Software.
(c) Use all the plugin sample code source to Develop new plugin for one LoriotPro usage.
(c) Exploit the result of the work generated by the different module of the Software likes plugin (created by you) , graphs, HTML pages, reports etc...

2.2. License Restrictions

(a) Other than as set for Evaluation Software in Section 1, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
(b) Subject to the Grant of License here in above, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, create derivative works based on the software (exclude the plugin sample code), or remove any proprietary notices or labels on the software without the prior consent, in writing, of Luteus.
(c) You may not use the dsnmp_*.dll files, libraries or/and plugins in another Software without a written permission from Luteus.
(d) You may not rent, lease, or sub-license the Software and transfer the Registered Software and related materials to other parties without the written permission of Luteus.
(e) You may not distribute or publish any part of the Software (original or modified) unless you have received a written permission from Luteus.
(f) You may not redistribute the Software as a part of a software development library without a written permission from Luteus.
(g) You may not pass to any user registration number, which you have received from Luteus.
(h) In the event that you fail to comply with this EULA, Luteus may terminate the license and you must destroy all copies of the Software.


2.2.1. Restricted use

In all case LoriotPro is not designed to manage, supervise, control, instruments and/or equipment (like probes...) that have one report with human life.

No restricted samples :

(a) LoriotPro is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communication.
(b) LoriotPro is not designed or intended for use in construction, operation or maintenance of any nuclear facility.
(c) In all case, LoriotPro is not designed or intended for use with equipment that have one direct report with human life, like hospital equipment control, some probe, aircraft, nuclear facility, maritime control, military process, certain industrial process etc...

The usual no restricted function of LoriotPro is to help you to supervise your routers and networks through different polling process.


3. COPYRIGHT

The Software is owned by Luteus and is protected by International copyright laws and treaty provisions.

Some part of the software use public domain or commercial libraries. See the credit dialogue box includes in the software for more information. From the main menu call : 'menu>help>credits'. All the MIB files or derived works are Copyrighted by their author, see the MIB files headers for more information.

4. UPGRADES

If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of this copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity. You may not pass to any user old registration number, which you have received from Luteus for the old version.

5. LIMITED WARRANTY/LIMITATION OF LIABILITY. 

This Software is licensed "AS IS". If for any reason you are dissatisfied with the Software, remove it from your computer system and destroy all copies of it. These warrantees are in lieu of any other warrantees, expressed or implied, including the implied warrantees of merchantability and fitness for a particular purpose. In no event will Luteus be liable to you for damages, including any loss of profits, lost savings, or other incidental or consequential damages arising out of your use of or inability to use the Software, even if Luteus has been advised of the possibility of such damages. 
LUTEUS IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO
THE SOFTWARE.

6. INDEMNIFICATION. 

By installing and using the Software, you hereby agree to save and hold harmless Luteus from any loss, direct or consequential damage, or claim incurred by you resulting from reliance upon the results obtained through the use of the Software.
The entire risk arising out of use or performance of the Software and Manual(s) remains with the User, however Luteus warrants up to and including thirty (30) days from the date
of your purchase of the Software that the media containing the Software shall be free from defects in material and workmanship. In the event that the media proves to be defective during that time period, and upon presentation to Luteus of proof of purchase of the defective Software, Luteus will at its option :
1) provide you with a product of equal or lesser value, or
2) refund your money.
Some country do not allow the exclusion or limitation of implied warrantees or liability for incidental damages, so the above limitations may not apply to you.


Should you have any questions concerning this Agreement, Or if you desire to contact Luteus for any reason, please contact your local Luteus subsidiary or write to:


http://www.loriotpro.com

Copyright © 1999-2006 Luteus SARL, All rights reserved.

Contact : sales@loriotpro.com

Luteus SARL
462 rue benjamin Delessert BP 83,
77554 MOISSY CRAMAYEL, FRANCE.