ActiveImage Protector 2016 IT PRO TECHNICIAN LICENSE AGREEMENT
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS TECHNICIAN LICENSE
AGREEMENT CAREFULLY BEFORE STARTING TO USE ACTIVEIMAGE PROTECTOR IT PRO
(HEREINAFTER "SOFTWARE"): NETJAPAN's IT Technician License Agreement
(hereinafter "AGREEMENT") is a legal agreement between you and NETJAPAN for
ActiveImage Protector 2016 IT Pro identified above. By using the SOFTWARE, you
agree to be bound by the terms of this AGREEMENT. If you do not agree to the
terms and provisions of this AGREEMENT, do not use the SOFTWARE. No change,
amendment and / or modification of any terms or provision of this AGREEMENT or
no new license agreement shall be valid unless it is agreed upon by NETJAPAN
with its prior written consent.
1. GRANT OF LICENSE
1-1) Designated IT Technician
"Designated IT Technician" means an IT technician who is designated by you to
use and have exclusive custody of the SOFTWARE. If you are not an individual but
a company or other entity, "Designated IT Technician" must be your employee, or
an employee of a company or an individual to whom you've subcontracted the
service. If you are an individual, you are the "Designated IT Technician".
1-2) Grant of License
NETJAPAN hereby grants a non-exclusive and non-transferable license as follows
during the term of your purchased subscription.
The "Designated IT Technician" may make copies of the SOFTWARE using affiliated
build tool (IT Pro Edition Creator) and the "Designated IT Technician" shall use
the SOFTWARE and the related documentation(hereinafter "SOFTWARE PRODUCT")
pursuant to the entire terms and conditions of this AGREEMENT
The "Designated IT Technician" may make and use one backup archived copy in the
event that the original copy of the SOFTWARE becomes inoperable or fails to
function properly.
1-3) Limited Use of the SOFTWARE by the "Designated IT Technician"
The "Designated IT Technician" is allowed to run services only on one computer
at a time. The "Designated IT Technician" can use the SOFTWARE without
limitation during the purchased license subscription period on an unlimited
number of computers. However, the "Designated IT Technician" is not allowed
simultaneous use the SOFTWARE on more than one computer. Creating multiple
copies of the SOFTWARE is limited to the creation of an applicable boot
environment on media for different hardware device drivers and machine
configurations, and is prohibited for simultaneous use. The "Designated IT
Technician" may not install, operate, or make a copies of the SOFTWARE to use
concurrently on any additional computers.
1-4) Purchased License Subscription Period
The license is not granted for eternal use but only for a subscription period.
The duration of "License Subscription Period" may differ depending on whether
you have (1) Annual License which entitles the "Designated IT Technician" to use
the SOFTWARE for a period of one year, (2) A Migration License which entitles
"Designated IT Technician" to use the SOFTWARE for a period of 90 days from the
effective date of this AGREEMENT, and (3) A Service Provider License, in which a
contract license of variable terms and conditions is agreed upon by you and
NetJapan.
The "License Subscription Period" is specified in the license certificate
provided to you by NETJAPAN. You acknowledge and agree that all functions of the
SOFTWARE will disable automatically coincident with the expiration of the
"License Subscription Period".
1.5) Evaluation License: For evaluation purposes, you may use the SOFTWARE
PRODUCT during the limited evaluation period. You may not copy, distribute or
sell the SOFTWARE PRODUCT.
1-6) Not For Resale (NFR): An NFR Software License permits you to use SOFTWARE
PRODUCT for promotional purposes at reduced or no cost to you.
This license may not be copied, distributed, transferred, leased or resold.
2. GENERAL LICENSE RESTRICTIONS
You agree and understand that you are prohibited from doing any of the following
and will not, with respect to the SOFTWARE and related documentation:
2-1) Sell, lease, license, sub-license or otherwise trade any part of SOFTWARE
and / or related documentation in any manner.
2-2) Rent, lease or grant security right, or otherwise transfer rights or
possession of, other authority or proprietary right of the SOFTWARE or
derivative copies based upon the SOFTWARE.
2-3) Decompile, disassemble or reverse engineer the SOFTWARE.
3. Appointment of the "Designated IT Technician"
You will appoint and provide the name for "Designated IT Technician" in the
license application form. In the event that the "Designated IT Technician"
becomes unavailable to perform the duties, you may appoint the replacement for
the "Designated IT Technician" within 10 days from the time the "Designated IT
Technician" becomes unavailable. If the "Designated IT Technician" is
temporarily away from the office on vacation, work rotation, or otherwise, you
may appoint an interim "Designated IT Technician" who shall be authorized to
serve under this Agreement.
4. Support Service
You are entitled to utilize NETJAPAN's support services including the following
options. Only the "Designated IT Technician" is allowed to access and use the
support program.
4-1) Inquiry by E-Mail, phone or via fax.
4-2) Access knowledgebase (including FAQs)
5. COPYRIGHT
All titles, including but not limited to copyrights, in and to the SOFTWARE and
any copies thereof are owned by NETJAPAN and protected by Japanese and
international copyright laws. You may not copy or disclose any part of the
SOFTWARE PRODUCT unless otherwise expressly set forth in this AGREEMENT. You
agree to supervise the authorized users operation or use of the SOFTWARE PRODUCT
pursuant to all the terms and conditions of this AGREEMENT.
6. LIMITATION OF LIABILITY and NO WARRANTIES
NETJAPAN expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE
PRODUCT is provided 'As Is' without any express or implied warranty of any kind,
regardless of laws and regulations including but not limited to any warranties
of rights, fitness of a particular purpose, non-infringement. Any information
contained in advertising media or packaging of the SOFTWARE PRODUCT is provided
for descriptive purpose only and NETJAPAN makes no warranties, representations
or agreements based on the information therein. Your legal rights are stipulated
in this AGREEMENT and LIMITATION OF LIABILITY only. In no event does NETJAPAN
warrant or make any representation that the SOFTWARE PRODUCT will meet your
requirements and the operation of the SOFTWARE PRODUCT will be safely
uninterrupted or error-free. In consideration of the fact that the system
environment where the SOFTWARE PRODUCT is used (including without limitation
hard disk drives, hard disk configuration on individual computers, installed
software, OS on which software is installed) may change, NETJAPAN does not
warrant or makes any representation regarding the results obtained from the use
of the SOFTWARE PRODUCT, accuracy or reliability of any information obtained
from the SOFTWARE PRODUCT, or the possibility of correction of defects of the
SOFTWARE PRODUCT. In order to ensure that you properly perform data processing
and backup procedures, you must conduct exhaustive tests on the SOFTWARE PRODUCT
by using non-critical data. The entire risk is assumed by you in the event of
running software on individual devices or in the judgment of individual
objectives for running the SOFTWARE PRODUCT on individual devices. Under no
circumstances including negligence, shall NETJAPAN be liable to you under this
AGREEMENT for any special, incidental, consequential, indirect damages
(including data loss, business interruption, damages for loss of business
profit, asset loss, and the like), arising out of the use of the SOFTWARE
PRODUCT even if NETJAPAN has been advised of the possibility of such damages. In
no event shall NETJAPAN accept claims for such damages from other individual
persons or group. This LIMITATION OF LIABILITY shall be applied regardless
whether the basic objectives of the limited remedy is achieved or not. In no
event shall NETJAPAN's total liability to you based on this AGREEMENT exceed the
amount paid by you for a license subscription fee for the license subscription
period until said liability has accrued.
7. GOVERNING LAW
This AGREEMENT and any action, dispute, controversy, or claim that may be
instituted based on this AGREEMENT, or arising out of or related to this
AGREEMENT will be governed by the laws of Japan.
8. EXPORT RESTRICTIONS
You agree that the SOFTWARE PRODUCT is subject to the software export
regulations of United States and Japan. You agree that it is your responsibility
to comply with any international laws and regulations (including the Export
Administration Regulations of the United States and restrictions for end users,
for the use of the SOFTWARE PRODUCT by end users, for importing countries,
imposed by the United States, Japan and other governmental organizations).
9. Contact Information
Should you have any questions concerning this Agreement, please feel free to
contact us at:
Web site: www.netjapan.com
Office Address: NetJapan, Inc.
Asendo Kanda-Kon'yacho Building
8 Kanda-Kon'yacho, Chiyoda-ku
Tokyo 101-0035
Copyright 2017 NetJapan, Inc. All rights reserved.
The software and the related documentation are proprietary products of NetJapan,
Inc., and are copyrighted by NetJapan Inc.
ActiveImage Protector, ActiveImage Protector Server, ActiveImage Protector
Desktop, ActiveImage Protector IT Pro, ActiveImage Protector for Hyper-V with
SHR, ActiveImage Protector for Hyper-V Enterprise, ReZoom, ReZoom it!,
ActiveImage Protector Linux, ActiveImage Protector Virtual, ActiveImage
Protector Cluster, ActiveImage Protector Cloud, ActiveImage Protector Basic,
ImageBoot and ImageCenter LE are trademarks of NetJapan Inc.
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