License agreement for JProfiler

Important-Read Carefully: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single legal entity) and ej-technologies GmbH (ej-technologies), which covers your use of JProfiler and related software components ("Software Product" or JProfiler).

A software license and a license key or serial number ("Software Product License"), issued only by ej-technologies or its authorized agents to a designated user may be required according to the following agreement.

If you do not agree to the terms of this EULA, then do not download, install or use the Software Product or the Software Product License. By explicitly accepting this EULA you are acknowledging and agreeing to be bound by the following terms:

1. Grant of License

The Software Product is owned by ej-technologies. It is licensed, not sold. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. ej-technologies reserves all intellectual property rights, including copyrights and trademark rights.

According to your order, ej-technologies grants you a non-exclusive, non-transferable license to use the Software Product under certain obligations and limited rights as set forth in this agreement:

Single-User License: ej-technologies grants the non-exclusive, non-transferable right for a single user to use this Software Product. Each additional user of the Software Product requires an additional Software Product License. You may use each Software Product License on more than one computer system, as long as it is always used by the same user. You may transfer the Software Product License to a different user only if you remove all previous installations completely.
Single-Machine License: ej-technologies grants the non-exclusive, non-transferable right to install this Software Product on a single computer system. Each additional installation of the Software Product requires an additional Software Product License. You may transfer the Software Product License to a different computer system only if you remove the previous installation completely.
Floating License: ej-technologies grants the non-exclusive, non-transferable right to install this Software Product on multiple computer systems. An arbitrary number of users may install the Software Product, but the maximum number of concurrently running instances is limited according to your order. Each additional concurrent user of the Software Product requires an additional Software Product License.
ej-technologies provides you with a License Server that manages the use of floating licenses. You agree to be bound by the separate license agreement of the license server.
Site License: ej-technologies grants the non-exclusive, non-transferable right to install and use this Software Product on an arbitrary number of computer systems on one site.

ej-technologies issues a Software Product License that allows you to use the Software Product accordingly. You may not disclose the Software Product License in any way.

Backup Copy: You may make copies of the Software Product and the Software Product License as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.

2. License to Distribute Redistributable Files

ej-technologies grants you a non-exclusive, non-transferable, limited license to distribute all parts of JProfiler that are required for running the profiling agent provided that:

You remove your license key from the redistributed configuration file ("jprofiler_config.xml")
You do not remove or alter any proprietary legends or notices contained in or on the redistributables
You only distribute the redistributables with a license agreement that protects ej-technologies' interests consistently with the terms contained in this agreement
You agree to defend and indemnify ej-technologies from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any redistributable files.

3. Restricted Use for Evaluation

This Software Product can be used in conjunction with a free evaluation Software Product License. If you are using such an evaluation Software Product License, you may use the Software Product only to evaluate its suitability for purchase. Evaluation Software has been limited in some way either through timeouts, restricted use or evaluation warnings. ej-technologies bears no liability for any damages resulting from use (or attempted use after expiration) of the software product, and has no duty to provide any support before or after the expiration date of an evaluation license.

4. Support Services

ej-technologies may provide you with support services related to the Software Product according to your order. Use of any such support services is governed by policies described on ej-technologies' web site (https://www.ej-technologies.com).

Any supplemental software code or related materials that ej-technologies provides to you as part of the support services, in periodic updates to the Software Product or otherwise, is to be considered part of the Software Product and is subject to the terms and conditions of this EULA.

With respect to any technical information you provide to ej-technologies as part of the support services, ej-technologies may use such information for its business purposes without restriction, including for product support and development. ej-technologies will not use such technical information in a form that personally identifies you without first obtaining your permission.

5. Restrictions

You may not use, copy, or distribute the Software Product, except as granted by this EULA, without written authorization from ej-technologies.

You may not tamper with, alter, or use the Software Product in a way that disables, circumvents, or otherwise defeats its built-in licensing verification and enforcement capabilities.

You may not remove or alter any trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software Product. You may not modify or create derivative copies of the Software Product License.

You may not reverse engineer, decompile, defeat license encryption mechanisms, or disassemble the Software Product or Software Product License except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, lend, or in any way distribute or transfer any rights in this EULA or the Software Product to third parties without ej-technologies' written approval, and subject to written agreement by the recipient of the terms of this EULA.

The Software Product is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, in which the failure of the Software Product, or any software, tool, process, or service that was developed using the Software Product, could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, ej-technologies and its suppliers and licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities. You agree that ej-technologies and its suppliers and licensors will not be liable for any claims or damages arising from the use of the Software Product, or any software, tool, process, or service that was developed using the Software Product, in such applications.

6. Limited Warranty

You have ensured with the above mentioned evaluation version that the Software Product works according to your requirements and the advertised features. ej-technologies disclaims all warranties for deficiencies that are reasonably discoverable with the evaluation version of the Software Product. You acknowledge that software cannot be completely error-free. ej-technologies disclaims all warranties regarding non-severe deviations of the advertised features of the Software Product.

The limitation period is one year, if not otherwise regulated by law, and starts with the service provision.

To the maximum extent permitted by applicable law, ej-technologies and its third party suppliers and licensors disclaim all other representations, warranties, and conditions, expressed, implied, statutory, or otherwise, including, but not limited to, implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement. The entire risk arising out of use or performance of the software product remains with you.

7. Limitation of Liability

This limitation of liability is to the maximum extent permitted by applicable law. ej-technologies is liable to indemnity only according to the following terms:

ej-technologies is fully liable in case of intention, gross negligence, loss from physical injury, severe organizational failure or in case of an acceptance of guarantee.

Liability for slight negligence is limited to material breach of contractual obligations and in that case to the typically predictable loss. Any further liability is excluded. Contributory negligence of the licensee and other parties will be taken into account. Any liability under the terms of product liability laws remains unaffected.

You agree to ensure that a data backup is performed on all computers that the Software Product or redistributable parts of it are used on. In case of loss of data, liability is limited to the cost that would arise in the case where a proper backup has been performed.

The limitation period is one year, if not otherwise regulated by law, and starts with the service provision.

Any limitation of ej-technologies' liability also applies to your staff, agents and associated companies.

8. General

ej-technologies may terminate this EULA if you fail to comply with any term or condition of this EULA. In such event, you must destroy all copies of the Software Product and Software Product Licenses.

This EULA is governed by the laws of Germany. Exclusive jurisdiction and place of performance is Muenchen, Germany, as long as permitted by applicable law. The United Nations Convention for the International Sale of Goods shall not apply.

This EULA is the entire agreement between ej-technologies and you, and supersedes any other communications or advertising with respect to the Software Product; this EULA may be modified only by written agreement signed by authorized representatives of you and ej-technologies.

If any provision of this EULA is held invalid, the remainder of this EULA shall continue in full force and effect.

All rights not expressly granted in this agreement are retained by ej-technologies.

9. Contact Information

If you have any questions about this EULA, or if you want to contact ej-technologies for any reason, please direct correspondence to ej-technologies GmbH, Claude-Lorrain-Str. 7, D-81543 Muenchen, Germany, or send email to [email protected].