NETYCE IS WILLING TO LICENSE THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION UPON THE CONDITION THAT YOU ACCEPT THE TERMS OF THIS LICENSE AGREEMENT.
PLEASE READ THESE TERMS CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING OR USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.
1. Software: The licensed software ("software") includes any software owned and distributed by NetYCE b.v. (“NetYCE”).
2. Grant of License: NetYCE grants to user, following the execution of this agreement (the "agreement"), the non transferable, nonexclusive NetYCE_Go license to use one (1) copy of the software on one (1) computer for the purpose of internal evaluation and/or usage in production by user. Title to the software shall remain with NetYCE at all times.
The NetYCE_Go license gives user runtime automation for unlimited network nodes. The license also includes the full NetYCE_Pro functionality for an additional 10 Pro nodes. This means that user can build and implement data-driven and design modeling capabilities without upgrading to a paid NetYCE_Pro license. For more information on the supported features of the NetYCE_Go and NetYCE_Pro license (https://netyce.com/feature-comparison/)
3. Exclusions: User shall not:
a. copy any part of the software except to make one copy for backup purposes;
b. reverse compile or reverse assemble any portion of the software;
c. distribute, disclose, market, rent, lease, or transfer the software;
d. export the software;
e. disclose benchmarks or other comparisons of the software without NetYCE prior written consent;
f. disclose any confidential information provided by NetYCE;
g. modify the software;
h. allow others to make or obtain copies of the software; or
i. use the NetYCE_Pro functionality for more than 10 network nodes;
4. Support: NetYCE make available updates, enhancements, and/or modifications to the software and may provide such updates to user via the wiki, but is under no obligation to do so. The provision by NetYCE to user of such updates, enhancements, and/or modifications to the software shall be subject to all terms and conditions of this agreement. Support for user questions (L1/L2 support) is offered via the forum on www.netyce.com according to the Bronze support conditions. See www.netyce.com
5. Specific Disclaimer of Warranty and Limitation of Liability: THE SOFTWARE IS PROVIDED WITHOUT WARRANTY OF ANY KIND. NETYCE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NetYCE WILL NOT BE LIABLE FOR ANY DAMAGES ASSOCIATED WITH THE SOFTWARE, INCLUDING WITHOUT LIMITATION ORDINARY, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES RELATING TO LOST DATA OR LOST PROFITS, EVEN IF NetYCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Termination: NetYCE issues a FREE license key for the NetYCE_Go software every 3 month and puts the license key on the wiki for user to download. This process ensures that user visits the wiki on a regular basis to check latest patches and updates. In case user does not use the NetYCE software anymore, user shall promptly destroy the software and any backup copy of the software. User shall also promptly return all materials provided by NetYCE in connection with the software.
7. Governing Law: This agreement shall be governed by the laws of the Netherlands. If either party employs attorneys to enforce any rights arising out of or relating to this agreement, the prevailing party shall be entitled to recover reasonable attorney's fees. The parties consent to the jurisdiction of the court in Amsterdam.
8. Assignment: This agreement is not assignable or transferable by either party.
9. Entire agreement: This agreement constitutes the entire agreement between the parties concerning user’s use of the software. This agreement supersedes any prior verbal understanding between the parties or other ordering document, regardless of whether such document is received by NetYCE before or after execution of this agreement. This agreement may be amended only in a writing signed by an authorized officer of NetYCE.