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eula.txt
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eula.txt
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Software License Agreement
This License Agreement (the "License") is provided by Red Canary, Inc. ("Red Canary," "us," and "our") and
covers your installation and use of the Red Canary Mac Monitor (the "Software") and related documentation
provided by Red Canary (the "Documentation"). This License does not apply to the use of any other Red Canary
products, services, or software, which would be covered under a separate agreement between you and Red Canary.
By clicking "AGREE" you acknowledge that you have read, understood, and agree to be legally bound by this
License. In this License we refer to "you" ("your") as the individual or company that accepts this License.
1. License
Subject to, and conditioned on your compliance with all terms and conditions herein, Red Canary grants you a
limited, non-exclusive, non-transferable, and non-sublicenseable license to install and use the Software and
Documentation solely for your own internal business purposes, and not for any commercial use or purpose.
2. Restrictions on Use
You shall not (and shall not permit any authorized user or third party to) make any use or disclosure of the
Software or Documentation that is not expressly permitted under this License. Without limiting the
foregoing, You shall not (and shall not permit any authorized user or third party to): (i) reverse engineer,
decompile, disassemble, or otherwise attempt to discern the source code, object code, underlying structures,
algorithms, ideas, know-how or any other information of or related to the Services; (ii) modify, translate,
adapt or create derivative works based on the Software or Documentation; (iii) make any copies of the
Software or Documentation; (iv) resell, distribute, or sublicense the Software or Documentation; (v) make
the Software available on a timesharing or "service bureau" basis, or otherwise allow any third party to use
or access the Software or Documentation; (vi) remove or modify any proprietary marking or restrictive
legends placed on the Software or Documentation; or (vii) use the Software in violation of applicable law.
In addition, you shall not transfer or assign this agreement to any third party.
3. Ownership of Intellectual Property
With the exception of any open-source and/or other licensed-in components contained or incorporated therein,
Red Canary is and shall remain the sole and exclusive owner of all right, title, and interest in and to the
Software and Documentation, including all source code, object code, operating instructions, and all
interfaces developed for or relating to the same, together with all modifications, enhancements, revisions,
changes, copies, partial copies, translations, compilations, improvements, and derivative works thereof,
including all intellectual property rights therein. If you or any of your employees or contractors
communicates suggestions or recommendations regarding the Software or Documentation, including without
limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the
like ("Feedback"), Red Canary is free to use such Feedback irrespective of any other obligation or
limitation between you and Red Canary governing such Feedback.
4. Warranty Disclaimer
RED CANARY WILL NOT PROVIDE YOU WITH ANY MAINTENANCE, SUPPORT, OR PROFESSIONAL SERVICES RELATED TO YOUR
INSTALLATION OR USE OF THE SOFTWARE OR DOCUMENTATION. THE SOFTWARE, DOCUMENTATION, AND ALL OTHER MATERIALS
PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND "AS AVAILABLE." RED CANARY MAKES NO WARRANTY WITH RESPECT TO THE
SOFTWARE, THE DOCUMENTATION, OR OTHERWISE IN CONNECTION WITH THIS LICENSE AND HEREBY DISCLAIMS ANY AND ALL
EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES
ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. TO THE EXTENT THAT A PARTY MAY
NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY
WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
5. Limitation of Liability
RED CANARY WILL NOT BE LIABLE TO YOU (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) FOR
CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING WITHOUT
LIMITATION LOST REVENUES OR PROFITS, OR LOSS OF GOODWILL OR REPUTATION) ARISING OUT OF OR RELATING TO THE
SOFTWARE, THE DOCUMENTATION, OR OTHERWISE ARISING OUT OF OR RELATING TO THIS LICENSE, REGARDLESS OF WHETHER
THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE
POSSIBILITY THEREOF. IN NO EVENT WILL RED CANARY'S AGGREGATE LIABILITY UNDER THIS LICENSE EXCEED ONE HUNDRED
U.S. DOLLARS ($100). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS RED CANARY'S LIABILITY IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
6. Governing Law
This Agreement shall be governed and construed in accordance with the laws of the State of Colorado without
regard to the application of conflict of laws principles. The United Nations Convention on Contracts for the
International Sale of Goods shall not apply. The exclusive venue for any dispute relating to or arising out
of this Agreement, including without limitation its construction, effect, the performance, breach,
rescission or termination, shall be in the federal or state courts for Denver, Colorado, and the parties
consent to personal jurisdiction in such courts.
7. Severability
No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver
of that right. If a court of competent jurisdiction holds any provision of this Agreement invalid or
unenforceable the remaining provisions of will remain in full force and effect, and the provision affected
will be construed so as to be enforceable to the maximum extent permissible by law. The headings of this
Agreement are for convenience only. In case of any difficulty in the interpretation of one or more of the
headings, the headings shall have no meaning and no effect.
8. Complete Understanding
This Agreement shall be the entire agreement between the parties and supersedes all prior or present
proposals, representations, undertakings, agreements or warranties, expressed or implied, written or oral,
concerning its subject matter. You agree that in agreeing to this License and in using the Software, you
have not relied on any promises, warranties, or representations except those expressed in this agreement.