End-User License Agreement (EULA) for Syslog Watcher
Last updated: February 1, 2022
Please read this End-User License Agreement (“EULA”) carefully before downloading, installing, or using Syslog Watcher (“Product”).
By downloading, installing, or using the Product, you are agreeing to be bound by the terms and conditions of this EULA. If you do not agree with the terms of this EULA, please do not download or use the Product.
This EULA is a legal agreement between you (either an individual or a single entity, referred to hereinafter as “you”) and EZ5 Systems Ltd. (“EZ Systems”) and it governs your use of the Product (includes the executable computer programs and/or all of the contents of the files and/or other media that may accompany the product) made available to you by EZ5 Systems.
If you accept the terms and conditions of this EULA on behalf of a company or other legal entity, you warrant that you have full legal authority to accept the terms and conditions of this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.
EZ5 Systems grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Product strictly in accordance with the terms of this EULA.
The Product, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of EZ5 Systems. Intellectual property rights include the look and feel of the Product.
Your license to install and use the Product shall be in accordance with one or more of the following license options.
a. Free License
You may install the Product on any number of computers to use the Product under the Free License solely for your personal, non-commercial purposes strictly in accordance with the terms of this EULA. The Free License is limited by the capacity and/or functionality and can be used without purchase. You may not use the Product under the Free License to provide services to third parties or to process third party data. There is no obligation to support, maintain or provide any assistance for the Free License.
b. Evaluation License
You may use the Product under the Evaluation License for a limited evaluation period to be determined and stated by EZ5 Systems. The Evaluation License shall terminate at the end of the stated evaluation period unless otherwise agreed by EZ5 Systems. You may use the Product under the Evaluation License for the sole purpose of testing and evaluating the Product. You agree not to use the Product under the Evaluation License in a production environment or for production data processing purposes. There is no obligation to support, maintain or provide any assistance for the Evaluation License.
c. Paid License
You can purchase a Paid License to increase allowed capacity and/or unlock additional functionality. The available types of the Paid License can be found at https://ezfive.com/syslog-watcher/licensing/. In the event you exceed the Paid License capacity, Product may not process additional workloads beyond the maximum capacity.
EZ5 Systems provides one unique code (“License key”) for each purchased Paid License. You may use License Key to turn the Product under Free License or the Product under Evaluation License into the Product under Paid License (“Activate”, “Activated License Key”). You may Activate one License Key on one identified computer (physical, virtual or cloud) only. Any number of users may use the Product with Activated License Key locally or remotely.
You may deactivate your Activated License Key in order to Activate it later on the same or another computer (physical, virtual or cloud). If one License Key is Activated on more than one computer (physical, virtual or cloud) at the same time, EZ5 Systems may block the License Key.
You agree not to, and you will not permit others to:
- *copy or use the Product for any purpose other than as permitted under the above section ‘License Grant’;
- license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Product or make the Product available to any third party;
- adapt, modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Product;
- remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of EZ5 Systems or its affiliates, partners, suppliers or the licensors of the Product;
- use the Product for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity.
Updates to the Product
EZ5 Systems may, from time to time, provide enhancements or improvements to the features/functionality of the Product, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”). You acknowledge that you may be required to install Updates to continue to use the Product.
Updates may modify or delete certain features and/or functionalities of the Product. You agree that EZ5 Systems has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Product to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Product, and (ii) subject to the terms and conditions of this EULA.
The Updates and technical support (“Maintenance”) is available if it is included in the purchased Paid License. Maintenance will commence upon the date your order is processed and the License Key is generated. The Updates cannot be applied to the Product with an expired Maintenance.
Any Maintenance provided by EZ5 Systems will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.
Modifications to the Product
EZ5 Systems reserves the right to modify, suspend or discontinue, temporarily or permanently, the Product or any service to which it connects, with or without notice and without liability to you.
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to EZ5 Systems with respect to the Product shall remain the sole and exclusive property of EZ5 Systems.
EZ5 Systems shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
EZ5 Systems may send notices to you via email to the email address that you provided.
Term and Termination
This EULA shall remain in effect until terminated by you or EZ5 Systems.
EZ5 Systems may, in its sole discretion, at any time and for any or no reason, suspend or terminate this EULA with or without prior notice.
This EULA will terminate immediately, without prior notice from EZ5 Systems, in the event that you fail to comply with any provision of this EULA. You may also terminate this EULA by deleting the Product and all copies thereof from your computer.
Upon termination of this EULA, You shall cease all use of the Product and delete all copies of the Product from your computer. The provisions of this EULA that by their nature continue and survive will survive any termination of this EULA.
Termination of this EULA will not limit any of EZ5 Systems’s rights or remedies at law or in equity in case of breach by you (during the term of this EULA) of any of your obligations under the present EULA.
This EULA does not apply to any open-source software which is included in the Product or to any third-party software that is licensed separately under the terms of various separate license agreements (“Other Software”). You shall adhere to these terms and conditions (“Other Software Terms”), which can be found via the webpage: https://ezfive.com/syslog-watcher/acknowledgements/.
Copyrights to the Other Software are held by the copyright holders indicated in the Other Software Terms. Any terms of this EULA that conflict with the terms of any license agreements for Other Software will not apply to the Other Software. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Other Software.
You agree to indemnify and hold EZ5 Systems and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Product; (b) violation of this EULA or any law or regulation; or (c) violation of any right of a third party.
The Product is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, EZ5 Systems, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Product, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, EZ5 Systems provides no warranty or undertaking, and makes no representation of any kind that the Product will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither EZ5 Systems nor any EZ5 Systems’ provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Product, or the information, content, and materials or products included thereon; (ii) that the Product will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Product.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of EZ5 Systems and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Product. Any refunds and/or remedies provided by EZ5 Systems may be reduced where you have gained significant use and value from the Product. The reduction will be prorated over the anticipated life of the Product.
To the maximum extent permitted by applicable law, in no event shall EZ5 Systems or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Product, third-party software and/or third-party hardware used with the Product, or otherwise in connection with any provision of this EULA), even if EZ5 Systems or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this EULA is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this EULA shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
Amendments to EULA
EZ5 Systems reserves the right, at its sole discretion, to modify or replace this EULA at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Product after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Product.
Governing Law and Disputes
The laws of British Columbia, Canada, excluding its conflicts of law rules, shall govern this EULA and your use of the Product. Your use of the Product may also be subject to other local, state, national, or international laws.
Any dispute between EZ5 Systems and you shall exclusively be submitted to the competent court in Vancouver, British Columbia, Canada.
This EULA does not create or imply any relationship in agency or partnership between EZ5 Systems and you.
The captions and headings of this EULA are for convenience of the parties only and are not to be considered when interpreting this EULA. Words in the singular mean and include the plural and vice versa.
The EULA constitutes the entire agreement between you and EZ5 Systems regarding your use of the Product and supersedes all prior and contemporaneous written or oral agreements between you and EZ5 Systems.
You may be subject to additional terms and conditions that apply when you use or purchase other EZ5 Systems’ products or services, which EZ5 Systems will provide to you at the time of such use or purchase.
If you have any questions regarding this EULA, please contact EZ5 Systems by sending an email to firstname.lastname@example.org.