Commercial License

SPYGLASS TRACER AGENT AND PLUGIN COMMERCIAL LICENSE AGREEMENT

(valid for SpyGlass Tracer Basic, Pro, Enterprise and Cloud edition)

To use this license, you must agree to all of the following terms:

"We," "us," and "our" refers to Concept.by srl.   
"You" and "your" refers to the individual or entity that has acquired/downloaded the programs  
"Programs" refers to the software product which you have acquired/downloaded and program documentation. 
"License" refers to your right to use the programs under the terms of this Agreement.  

We are willing to license the programs to you only upon the condition that you accept all of the terms contained in this Agreement.  Read the terms carefully. By installing and using this program you indicate your acceptance of all of the terms and condition included in this license agreement.  
If you are not willing to be bound by these terms, your are not allowed to run or maintain any copy of this program.


License Rights

The Software Product is owned by Concept.by srl. It is licensed, not sold. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Concept.by srl reserves all intellectual property rights, including copyrights and trademark rights.
We grants the non-exclusive, non-transferable right for a single JVM to use this Software Product. Each additional JVM requires an additional Software Product License. You must not use Software Product License on more than one JVM. You may transfer the Software Product License to a different JVM only if you remove all previous installations completely.
We grant you a limited license to use the programs for:
a) purposes of monitoring and optimizing your applications for your own internal data processing operations (including production stages);
b) you cannot distribute the programs with your applications;  
c) you cannot copy and distribute the programs to your licensees.
d) you cannot use the programs for commercial services to customers outside your company.
You are not permitted to use the programs for any purpose other than as permitted under this Agreement.

Any use of this plugin is subject to the following limitations;
1. SpyGlass Tracer (Basic, Pro, Enterprise, Cloud version) cannot be distributed without a written permission from Concept.by;
2. SpyGlass Tracer (Basic, Pro, Enterprise, Cloud version) cannot be used to support external companies without a written permission from Concept.by;

Trademarks and Copyrights
You agree not to use SpyGlass Tracer trademarks as a part of your product name(s), service name(s), company name, or domain name(s). In marketing, promoting, or distributing the programs, you agree to make it clear that Concept.by is the source of the programs. You shall include on all copies of the programs used or distributed by you:
A. A reproduction of Concept.by's copyright notice; or
B. A copyright notice indicating that the copyright is vested in you containing the following:
1. A (c) in a circle and the word ?copyright?;
2. Your name;
3. The date of copyright; and
4. The words "All rights reserved."
Such notices shall be placed on the documentation, the sign-on screen for any software incorporating the programs, and any media containing the programs.

Ownership and Restrictions
We retain all ownership and intellectual property rights in the programs. You may make a reasonable number of copies of the programs for backup purposes.

You may not:
- remove or modify any program markings or any notice of our proprietary rights;
- assign this Agreement or give or transfer the programs to another individual or entity except as specified in this Agreement;
- cause or permit reverse engineering or decompilation of the programs;
- disclose results of any program benchmark tests without our prior consent; or,
- use any Concept.by name, trademark or logo, except as specified in this agreement.

Limitation of liability

You acknowledge that the Licensed Software is experimental. You also acknowledge that the Licensed Software may have defects or deficiencies which cannot or will not be corrected by Concept.by. You will hold Concept.by harmless from any
claims based on your use of the Licensed Software for any purposes other than those of internal evaluation, and from any claims that later versions or releases of any Licensed Software furnished to Licensee are incompatible with
the Licensed Software provided to Licensee under this Agreement.
You have the sole responsibility to protect adequately and backup your data and/or equipment used in connection with the Licensed Software. You will not claim against Concept.by for lost data, re-run time, inaccurate output, work delays or lost profits resulting from Licensee' use of the Licensed Software.
Neither party will be liable for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of this Agreement (including loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether for breach or in tort, even if that party has been previously advised of the possibility of such damage.


Disclaimer of Warranty and Exclusive Remedies

THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.  WE FURTHER DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  OUR ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $10).

Technical Support
Concept.by may provide you with support services related to the Software Product according to your order. Use of any such support services is governed by policies described on SpyGlass Tools' web site (http://www.spyglasstools.com).
Any supplemental software code or related materials that Concept.by provides to you as part of the support services, in periodic updates to the Software Product or otherwise, is to be considered part of the Software Product and is subject to the terms and conditions of this EULA.
With respect to any technical information you provide to Concept.by as part of the support services, Concept.by may use such information for its business purposes without restriction, including for product support and development. Concept.by will not use such technical information in a form that personally identifies you without first obtaining your permission.

End of Agreement
You may terminate this Agreement by destroying all copies of the programs.  We have the right to terminate your right to use the programs if you fail to comply with any of the terms of this Agreement, in which case you shall destroy all copies of the programs.

Relationship Between the Parties
The relationship between you and us is that of licensee/licensor.  Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as the agent, employee, franchisee, or in any other capacity.  Nothing in this Agreement shall be construed to limit either party's right to independently develop or distribute software that is functionally similar to the other party's products, so long as proprietary information of the other party is not included in such software.

Open Source
"Open Source" software - software available without charge for use, modification and distribution - is often licensed under terms that require the user to make the user's modifications to the Open Source software or any software that the user 'combines' with the Open Source software freely available in source code form.  If you use Open Source software in conjunction with the programs, you must ensure that your use does not:  
i) create, or purport to create, obligations of us with respect to the Oracle programs; or
ii) grant, or purport to grant, to any third party any rights to or immunities under our intellectual property or proprietary rights in the Oracle programs.  For example, you may not develop a software program using this program and an Open Source program where such use results in a program file(s) that contains code from both this program and the Open Source program (including without limitation libraries) if the Open Source program is licensed under a license that requires any "modifications" be made freely available.  You also may not combine this program with programs licensed under the GNU General Public License ("GPL") in any manner that could cause, or could be interpreted or asserted to cause, this program or any modifications thereto to become subject to the terms of the GPL.

Other
Upon 45 days written notice Concept.by may audit the use of the program.  You agree to cooperate with Concept.by's audit and provide reasonable assistance and access to information. You agree that Concept.by shall not be responsible for any of your costs incurred in cooperating with the audit.

Entire Agreement
You agree that this Agreement is the complete Agreement for the programs and licenses, and this Agreement supersedes all prior or contemporaneous Agreements or representations.  If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.

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