End User License Agreement for MaxGauge for AWS
This agreement is to provide the terms and conditions under which the customer (hereinafter “customer”) may use the program, instructions manual, manuals, storage media, and etc. (hereinafter “the software”) in regards to MaxGauge, which has been produced by and whose copyrights and all other rights are owned by Exem Co., LTD (hereinafter “the copyright holder”). The customer is responsible for reading and understanding the entire content of this agreement prior to installation and use of this software so as to thoroughly follow accordingly.
The copyright holder grants the permission for the use the software to the customer, under the condition that the customer has agreed to follow all the terms and conditions listed herein in this agreement. By opening the software’s packaging, accepting the agreement upon installation of the software, or using the installed software, the customer agrees to the terms and conditions of the agreement and hence, it is advised to carefully read through this entire agreement beforehand.
The copyright holder can make amendments to the EULA (End User License Agreement) as often as needed through notifications on the home page (www.maxgauge.com), and such changes will become effective after 30 days from the date it was posted. Once it reaches the start of the effective date, the customer logging into the account or using the software thereafter is considered to have read and understood, and agreed to the new terms and conditions as stated.
If the customer does not accept this agreement, then the copyright holder will not grant permission for the use of the software to the customer.
This is a license agreement between EXEM Co., LTD and the customer, having a full legal force, in regards to the use of the software, and this is not a sales contract. By installing the software, the customer acknowledges that he has read, and understands, and accepts this license agreement.
- Software Upgrade and Update Definitions
- Update: An update is defined as the partial revisions or improvement of the software provided with this agreement, and is distinguished from an upgrade.
- Upgrade: An upgrade includes the changes in the key features in regards to designs or functions and the improvements of the software provided with this agreement, or the software clearly distinguished from the updated software, and it refers to new software different from the previous one.
- License Definition
- You must provide your full name, a valid e-mail address, and all other required information to create an account. Besides personal and corporate information, other information such as the host ID and product ID are also required for issuing a license.
- This software license agreement grants user the following rights. In order to use the software, the user must acquire the product license through AWS Marketplace. A product purchased through AWS Marketplace includes an authentication certificate issued by Exem Co. LTD., and the user is granted the rights to install the software on the AWS environment and use it according to the license stated in the authentication certificate.
- Software Rights
- The copyright of this software is protected under the copyright law, universal copyright convention, and other related legislations and is completely owned by the copyright holder.
- The customer is only granted the license limited to to the terms and conditions according to this agreement, and is not acquiring the copyright of the software by means of acquiring the license.
- License Grant and the Extent of License
- The copyright holder grants the customer the rights (hereinafter “the license”) to install the software and to use it nonexclusively in accordance with the terms and conditions specified in this agreement. This license is limited and nonexclusive, and transfer or security provision is prohibited.
- Your rights to use are limited to the quantity of time/ monthly/ annual unit of license subscription purchased through your AWS Marketplace. In the event the customer needs an unlimited license or a separate BYOL (Bring Your Own License) contract, after discussing the items listed below, a written form or a separate electronic document of “license certificate” along with this EULA will be issued to the customer as part of the software product packaging or via e-mail. You acknowledge the limitations on the rights of installing and using this software as written in this “license certificate” and agree to comply with the terms and conditions of this agreement.
(1) Use Equipment – Manufacturer, Model, Number of Servers
(2) Scope of Use – Project Name or Server Site Name
The copyright holder solely retains all rights of the software and only the copyright holder has the right to grant permission to use the software. The customer must comply with the limitations below.
- This software product is protected under the copyright law, the universal copyright convention and other related intellectual property law and agreements. Exem Co., LTD solely retains the copyright and intellectual property of the software product, the attached printed materials and all copy versions of the software product. The ownership and intellectual property of all contents accessible by using the software product belongs to the corresponding owner of the content and are protected under the copyright law and other related intellectual property law and agreement. This license agreement does not grant the customer the right to use such contents. In case other company’s software, fonts, and etc. have been bundled into our software, the copyright of such contents belong to each of its own company and follow the copyright stated by the corresponding company.
- The software is protected under the copyright law and the computer software protection law and rewriting, reverse engineering, decompiling, or disassembling of the software product are prohibited, except the limited scope of what has been expressly permitted by the related legislations.
- The customer shall not transfer, lease, allow the reuse of, or use to provide security, the rights received from this agreement to a third party, except the terms set forth in this agreement. In case of transferring, leasing, or making a security provision of the system in which the software is installed, (including transfer due to business transfer, merger or company separation), the customer shall notify the copyright holder in advance so that the copyright holder may make a new license agreement with the transferee.
- The copyright and the trademark rights of all texts, images, logos, and etc. used in the software are owned by Exem Co., LTD. Any and all other rights not expressly stated are owned by Exem Co., LTD.
- The copyright holder may request specific information from the customer in a written form as necessary, in order to confirm that the customer is correctly complying in accordance with the terms and conditions of this agreement and the license certificate in the use of the software, and the customer shall fully cooperate with the copyright holder in this matter.
- Limitations of Warranty
The copyright holder’s warranty on the software is as follows.
- Software Warranty: The software is provided “as is”, whose condition may possibly contain defects. Therefore, the copyright holder does not warrant that the product is absolutely faultless without any bug or errors, that all bugs can be resolved without causing any interruptions on the operation of the applications on the product or product-based application programs, that the software will not freeze or stop in the process of execution, or that in the event of maintenance or upgrade that you do not need to change the hardware, data, or the operation environment. The copyright holder provides no warranties for the software’s function, bug, commercial utility, or fitness or lawfulness of particular purpose which the customer is intending to achieve, compatibility or the ability to integrate with other software, or safety, and holds no liability for the foregoing. The liability of the copyright holder is limited only to that of offering re-installation. The above is true even when implied warranty on the product has been acknowledged by the related legislations.
- Limitations of Compensation
- For losses, if any, borne by the customer from the purchase of or the usage of the software (loss of profits or sales incurred in the process of product’s installation, operation and maintenance as claimed by the customer, loss of business opportunity, loss of data, losses due to information and data which have become inaccessible), the copyright holder is responsible to compensate only up to no more than the amount paid by the customer at the time of software purchase.
- In regards to special damages, indirect damages, consequential damages, incidental damages, or punitive damages, borne by the customer or a third party, the copyright holder is not liable for such damages unless it was intentional or due to gross negligence. Even if, in case the copyright holder is required by law to make compensation for such damages, the compensation amount will be no more than the amount paid by the customer at the time of the software purchase.
- In the event problems occur with this software, not due to any flaws or malfunction of the software itself but rather due to EC2, RDS, EBS related AWS infrastructural issues where the causes are attributable to AWS, the copyright holder is not held responsible. In such cases, the customer should refer to the compensation policy included in the SLA (Service Level Agreement) made between the customer and AWS.
- The customer is responsible for maintaining the security of the account and the password, and the account use and all activities accessed through the customer’s account and password. The copyright holder is not responsible for any damages or losses generated as a result of violating the security policy.
- Regulation on Redistribution
- The software shall not be redistributed in any circumstances without the consent of Exem Co., LTD.
- Especially, in case the software is redistributed for commercial purpose without the consent of Exem Co., LTD, the customer shall bear all civil/penal responsibilities due to such violation.
- Even if in case Exem Co., LTD has given approval for the redistribution, in the event the customer who has been given the permission redistributes for purposes or through methods outside of the allowed limits, Exem Co., LTD may withdraw the redistribution approval at any time, and the customer shall be responsible for the consequences of such violation.
- In case of redistribution of the software with the authorization from Exem Co., LTD, it is recommended that the customer requests for the latest updated version of the software from Exem Co., LTD for redistribution.
- The software must be redistributed without any changes or modifications, and rewriting, reverse engineering, decompiling, disassembling of the software for redistribution are prohibited.
- Validity of Contract and Amendments
This contract agreement has been entered into by and between the copyright holder and the customer with respect to the software, and is the entire and final agreement, and has the force to take precedence over any prior statement, discussions, agreements, communications, documents or advertisements.
- Customer Support
- The copyright holder may provide services such as the software installation, responding to civil complaints, and after-sales service, of which some in part may be provided at a cost.
- In case customer support service is provided by a subcontractor instead of the copyright holder, then specific terms with respect to customer support service will be stipulated according to a separate agreement made between the subcontractor and the customer, and the subcontractor is fully responsible with respect to customer support service and the copyright holder is without any liability.
- Works of Others
In regards to all works created by other authors (program, text, images, photos, animation, video, audio, text, and etc.) which have been included in the software, the copyright holder permits the customer the right to use them only within the allowed limits of use with respect to the software under this agreement, and such rights are reserved by the original copyright holder.
- Termination of Contract
- This agreement is in effect until the end of the license period. However, in case the customer violates any of the rules and terms stated in this software license agreement, the agreement will be automatically terminated. Exem Co., LTD does not send a separate notice of termination of the agreement to the customer, nor does it require any kind of notice in order for the termination of agreement to become effective. The customer may terminate the software license agreement at any time by uninstalling the software (deleting the software). Even after the termination of agreement, any should any problems arise as a result of any illegal or unlawful acts of the customer, the customer shall be fully liable and responsible for such violations.
- The copyright holder will charge the customer for using the software until the software use has been terminated through the customer’s account. The copyright holder can charge the customer for the software use, regardless of whether the person using the software is the customer or not, as long as the customer has not terminated the software use according to the contract.
- Dispute Resolution
- In regards to interpretation and resolution of any disputes with respect to this agreement, they shall be governed by the laws and jurisdictions of the land in which the copyright holder or its local corporation branch is located. This agreement shall be governed and interpreted by the laws of the land in which the copyright holder or the local corporation branch is located, with the international treatise related to computer program and copyright protection and business practices as the supplemental interpretation criteria.
- In the event any provision of this agreement is determined to be invalid or unenforceable, the remainder of this Agreement in full force and effect. However, if the purpose of this agreement is not achieved due to such exclusion of any provisions of this agreement, this agreement shall be immediately terminated.
- Open Source Program Used for the Software
- The customer shall comply with the license terms of the open source software used for this software.
- Change of Terms
The content of this agreement are subject to change, and the amended provisions shall be in force upon receiving the acknowledgement of agreement for copyright holder’s individual notice, homepage notice, or an upgrade.
- Power of Attorney
In an effort to more effectively exercise the rights and obligations pursuant to the agreement, the copyright holder may exercise its rights and obligations through, or give the power of attorney to a local corporation branch or a designated distributor responsible for the product sales and maintenance in the region or country in which the software products are sold or installed.
In no event will Exem Co., shall be responsible for promises made to the customer in verbal or written forms or other means of notification by any third party other than Exem Co., LTD including Exem Co., LTD’s suppliers and retail stores.
The customer has read and fully understand the above agreement and agree to comply with the above.