Virtual Appliance Tech Preview
If you are interested in participating in our Log Management Virtual Appliance Technology Preview, please fill out this form *below*, and agree to the terms and conditions.
For more information on the Log Management Virtual Appliance Technology Preview, see open.loglogic.com.
Terms and Conditions
DEMONSTRATION SOFTWARE LICENSE AGREEMENT
For Log Management
IMPORTANT:
THIS END USER SOFTWARE LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN THE END USER OF THIS PRODUCT ("USER"), AND LOGLOGIC, INC. ("LOGLOGIC").
USER AGREES THAT HE/SHE HAS READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION (COLLECTIVELY, THE SOFTWARE AND DOCUMENTATION ARE REFERRED TO AS THE "PRODUCTS").
BY CLICKING “I AGREE” AND/OR USING THE PRODUCTS, USER CONFIRMS ITS ACCEPTANCE TO, AND AGREEMENT TO BE BOUND BY, THE TERMS OF THIS AGREEMENT AS OF THE DATE THE PRODUCTS ARE FIRST DOWNLOADED (THE "EFFECTIVE DATE").
YOU UNDERSTAND AND AGREE THAT THE LICENSE GRANTED UNDER THIS AGREEMENT IS FOR SIXTY (60) DAYS FROM THE DATE YOU FIRST INSTALL THE PRODUCTS. AFTER SIXTY (60) DAYS, YOU AGREE TO CEASE USING THE PRODUCTS UNLESS LOGLOGIC AGREES TO EXTEND THIS AGREEMENT PURSUANT TO SECTION 8 BELOW.
YOU UNDERSTAND AND AGREE THAT THE SOFTWARE MAY BE INSTALLED ONLY ON ONE (1) SERVER (WHETHER PHYSICAL OR VIRTUAL) WITH UP TO TWO (2) CPU’S. IF YOU WISH TO INSTALL THE SOFTWARE ON A DIFFERENT CONFIGURATION, YOU MUST GET PRIOR WRITTEN APPROVAL FROM LOGLOGIC, AND THE PAYMENT OF A FEE MAY BE REQUIRED.
IF USER DOES NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, THEN USER MUST CEASE USING THE PRODUCTS AND MUST DESTROY ALL COPIES OF THE PRODUCTS.
Notwithstanding any license that appears upon the installation of the Products, User agrees that these terms shall govern the use of the Products.
1.0 License, Ownership, and Confidentiality.
1.1 Grant. Subject to the terms and conditions in this Agreement and User's compliance with them, LogLogic hereby grants User a non-exclusive, non-sublicensable limited license (i) to use, perform, and display the Software only for User's internal testing purposes and only on the configuration approved by LogLogic; and (ii) to use, perform, display, and reproduce the Documentation solely in support of the license to the Software. The default configuration approved by LogLogic is to install the Software on one (1) server (physical or virtual) with up to two (2) CPU’s. LogLogic, in its sole discretion, may approve in writing a different configuration for User.
1.2 General License Use and Restrictions. User shall use the Products only for its internal use and only on a trial basis, meaning that Evaluator shall not use the Products in either a product environment or in a commercial or revenue generating context. Except as expressly permitted under this Agreement or by LogLogic in writing, User shall not: translate, lend, rent, lease or sublicense the Software; publish any result of any benchmark of the Software; decompile, reverse engineer, disassemble, or seek to reconstruct or discover any humanly readable form of the Software source code; or, in any way copy, reproduce, disclose, distribute or transfer any of the Software or Documentation, or allow access to the Software or Documentation by any third party other than agents and representatives (including outsourcers) working on Customer's behalf. User shall not under any circumstance, and shall not permit any third party to, prepare any error correction, modification or derivative work of the Software or Documentation or remove any product identification, copyright, trademark or other notice from the Software or the Documentation.
1.3 User acknowledges that the Software and Documentation are protected, among other ways, by U.S., international and /or local copyright law and international treaties and that they constitute confidential information of LogLogic, protected also by this Agreement. The Software's organization, structure, sequence, logic and source code are valuable trade secrets of LogLogic and its licensors. Except for those rights expressly granted by this Agreement to User, LogLogic or its licensors retain and shall own all rights, title and interests in and to all of, and User shall have no right, title or interest in or to any of, the Software and Documentation, including without limitation, the intellectual property rights comprising or related to the Software and Documentation.
1.4 LogLogic does not warrant that the Software will be free of vulnerability to intrusion, virus attack or hacker attacks. The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities").
1.5 Confidentiality. “Confidential Information” means the terms of this Agreement and any confidential or proprietary information that is marked or otherwise designated as “Confidential” or is clearly by its nature confidential and is disclosed in any medium by one party to the other under this Agreement. Confidential Information shall include the design of the Products. Confidential Information shall not include any information that: (i) is or becomes a part of the public domain through no act or omission of the receiving party; (ii) was in the receiving party’s lawful possession prior to the disclosure by the disclosing party; (iii) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or (iv) is independently developed by the receiving party without access to the Confidential Information. Each party agrees: (i) to hold the other party’s Confidential Information in strict confidence; (ii) not to use such Confidential Information for any purpose other than to fulfill its obligations under this Agreement; and (iii) not to disclose such Confidential Information to third parties not authorized by the disclosing party to receive such Confidential Information. The foregoing prohibition on disclosure of Confidential Information shall not apply to the extent that the Confidential Information is required to be disclosed by the receiving party as a matter of law, as long as the receiving party provides the disclosing party with adequate notice of the legal basis for disclosing the Confidential Information in sufficient time that the disclosing party may take any legal steps required to object to or prevent such disclosure.
2.0 Fees and Payment Terms.
2.1 The Products may be provided free of charge or may be provided for a fee. If the Products are provided for a fee, the following terms apply: If User purchase the Products from one of LogLogic’s authorized resellers, then fees and payment terms shall be as agreed between User and the authorized reseller. Where User is purchasing Products directly from LogLogic, the prices for Products shall be as indicated in the applicable order. User shall pay for each order in U.S. Dollars on a net 30 calendar days basis. LogLogic will invoice for the Products upon Delivery, which date LogLogic shall show in its invoice. User shall pay LogLogic a late payment charge of 12% per annum, or the highest rate allowed by law, whichever is lower, on all amounts not paid when due, until paid in full.
2.2 All prices are exclusive of any tax levied or based on any Product or Services (collectively “Taxes”). User shall pay all Taxes, other than income and franchise taxes of LogLogic, or provide LogLogic with a certificate of exemption acceptable to the appropriate taxing authority.
3.0 Support and Maintenance Services.
3.1 LogLogic may make support and maintenance services for the Software ("Support and Maintenance Services") available either for free or for purchase. If LogLogic does make such support available it shall be provided pursuant to the support terms found at open.loglogic.com.
4.0 Warranty and Disclaimers.
4.1 LogLogic represents and warrants that it has sufficient rights in and authority over the Products to grant the licenses provided hereunder.
4.2 LOGLOGIC PROVIDES THE PRODUCTS ON A TRIAL BASIS FOR EVALUATION PURPOSES ONLY AND ACCORDINGLY LOGLOGIC MAKES NO OTHER WARRANTIES OF ANY KIND WHATSOEVER. THE PRODUCTSARE LICENSED ON AN “AS IS” AND/OR “WITHOUT WARRANTY” BASIS. LOGLOGIC DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE ERROR FREE OR UNINTERRUPTED OR THAT THEY WILL MEET CUSTOMER'S PARTICULAR REQUIREMENTS. LOGLOGIC HEREBY SPECIFICALLY EXCLUDES AND DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED BY LAW, STATUTE OR COURSE OF DEALING WITH RESPECT TO PRODUCTS. LOGLOGIC SPECIFICALLY EXCLUDES AND DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
5.0 Limitation of Liability.
5.1 Except as expressly provided hereunder, User assumes the entire risk as to results and performance of the Product. TO THE MAXIMUM EXTENT ALLOWED BY LAW, LOGLOGIC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT. DAMAGES FOR WHICH LOGLOGIC SHALL NOT BE LIABLE INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR SOFTWARE, LOST PROFITS, LOST GOOD WILL, LOST BUSINESS OPPORTUNITIES, WORK STOPPAGE OR IMPAIRMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT
5.2 TO THE MAXIMUM EXTENT ALLOWED BY LAW, LOGLOGIC'S TOTAL LIABILITY IN CONNECTION WITH THIS AGREEMENT WHETHER BASED IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (1) THE FEES RECEIVED BY LOGLOGIC FOR THE PRODUCTS PROVIDED UNDER THIS AGREEMENT OR (2) $1,000.00 USD. ADDITIONALLY, LOGLOGIC SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF ANY SUBSTITUTE SOFTWARE FROM A THIRD PARTY.
5.3 User acknowledges that its agreement to the limitations of liability set out in this Section 5 is a crucial part of its consideration for the rights under the license grant.
6.0 U.S. Government Rights. If User is the U.S. Government, User acknowledges that it obtains only those rights customarily provided to commercial end use customers. For U.S. governmental entities, this commercial license is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchasers, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Use, duplication or disclosure by the U.S. Government is subject to the restrictions set forth in FAR 52.227-14(g), Rights in Data—General (December 2007) and FAR 52.227-19, Commercial Computer Software—Restricted Rights (December 2007), or if under Department of Defense, DFAR 252.227-7015(b), Technical Data—Commercial Items (December 2007) and DFAR 227.7202-3(a) (September 2007) in accordance with this Agreement. If User is a governmental entity that has a need for rights not addressed above in this Section 6, it must negotiate a separate agreement with LogLogic. User acknowledges that the Software source code is unpublished and that all rights are reserved under the copyright laws of the United States.
7.0 Import and Export. The Products may be subject to United States, international and/or local government laws and regulations related to the import and/or export of technical data and products produced from such data. User shall not, without fully complying with all applicable laws and regulations, including all United States laws and regulations with respect to export, export any Software, allow any Software to be exported or imported or transfer any Software to any person or entity that engages in the research or production of military devices, armaments or any instruments of warfare, including biological, chemical and nuclear warfare.
8.0 Term and Termination. This Agreement shall commence upon the acceptance of it and shall continue, unless otherwise terminated, in effect for a period of sixty (60) days after User installs the Software. LogLogic may agree in writing to extend the term of this Agreement. LogLogic may require payment of a fee or an additional fee for the extension of the Agreement. Additionally, upon ten (10) days prior written notice, LogLogic may immediately terminate this Agreement if User violates any term of this Agreement. Upon termination for any reason, User shall cease using the Products and shall either return the Products to LogLogic or destroy all copies of the Products.
9.0 Miscellaneous.
9.1 Governing Law, Attorney Fees. This Agreement and any disputes between the Parties shall be governed by and construed according to the laws of the State of California as such laws are applied to contracts made and to be performed entirely in California, but without reference to California's rules regarding conflicts of laws. The parties specifically exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. In any legal action or proceeding in relation to this Agreement or its interpretation, the prevailing party shall be entitled to recover reasonable attorneys' fees as well as all costs of suit, in addition to any other relief to which it becomes entitled.
9.2 Severability. If any provision of this Agreement is adjudged to be illegal, unenforceable, prohibited or invalid, in whole or in part, under applicable law, such provision shall be ineffective only to the extent of such illegality, unenforceability, prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement.
9.3 Waiver; Amendment; Modifications. No modification of or amendment to this Agreement nor any waiver of any right under this Agreement shall be effective unless in writing and signed by the party to be charged. LogLogic specifically rejects any pre-printed terms on any User purchase order or other ordering document. Failure by either party at any time to require the other party's performance of any obligation under this Agreement shall not affect the right subsequently to require performance of that obligation. Any waiver of any breach of any provision of this Agreement shall not be construed as a waiver of any continuing or succeeding breach of such provision or a waiver or modification of the provision.
9.4 Assignment. User may not assign or otherwise transfer its rights or interest in this Agreement without the prior written consent of the LogLogic.
9.5 Audit. In order to assure compliance with the terms of this Agreement, LogLogic shall have the right to audit, through its independent auditors, all records of User relating to this Agreement. Such audits shall be conducted during User’s normal business hours.
9.6 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, with respect to such subject matter. User acknowledges that it is not relying upon any oral representation of any nature by LogLogic or any third party, including with respect to any warranty.
By filling out this form you attest:
1. That you agree with the above terms and conditions.
2. You agree to discontinue using this software no later than 60 days from when it is installed
3. You agree NOT to use this for commercial, production use, or production data.
