End User License Agreement#

This page shows you the End User License Agreement for the Pro Edition.

License Details #

LEXTUDIO INC.

#SNMP Pro Edition

Last revised June, 2021

END-USER LICENSE AGREEMENT FOR ALL SOFTWARE DEVELOPMENT PRODUCT(S) INCLUDED IN THIS DISTRIBUTION

IMPORTANT - PLEASE READ THIS END-USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE DEVELOPMENT PRODUCT(S) INCLUDED IN THIS DISTRIBUTION/INSTALLATION.

This LeXtudio Inc. (“LEXTUDIO”) AGREEMENT constitutes a legally binding agreement between you or the business and/or entity which you represent (“You” or “LICENSEE”) and LEXTUDIO for all LEXTUDIO products, frameworks, widgets, source code, demos, intermediate files, media, printed materials, and documentation (“SOFTWARE DEVELOPMENT PRODUCT(S)”) included in this distribution/installation.

By purchasing, installing, copying, or otherwise using the SOFTWARE DEVELOPMENT PRODUCT(S), you acknowledge that you have read this AGREEMENT and you agree to be bound by its terms and conditions. If you are representing a business and/or entity, you acknowledge that you have the legal authority to bind the business and/or entity you are representing to all the terms and conditions of this AGREEMENT.

If you do not agree to any of the terms and conditions of this AGREEMENT or if you do not have the legal authority to bind the business and/or entity you are representing to any of the terms and conditions of this AGREEMENT, DO NOT INSTALL, COPY, USE, EVALUATE, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THE SOFTWARE DEVELOPMENT PRODUCT(S).

All SOFTWARE DEVELOPMENT PRODUCT(S) is licensed, not sold.

GRANT OF LICENSE.

Subject to all the terms and conditions of this AGREEMENT, LEXTUDIO grants LICENSEE a non-exclusive, non-transferable license to install and use the SOFTWARE DEVELOPMENT PRODUCT(S) included in this distribution as authorized in sections 1.1 through 1.5 below:

1.1 INDIVIDUAL USE LICENSE.

If you are an individual, you may install, copy, and use the SOFTWARE DEVELOPMENT PRODUCT(S) by purchasing a developer license from LEXTUDIO, in accordance with Section 9 of this AGREEMENT.

1.2 BUSINESS AND GOVERNMENT USE LICENSE.

LEXTUDIO licenses the SOFTWARE DEVELOPMENT PRODUCT(S) on a per-developer basis. If you represent a business and/or entity, you or your employees may install, copy, and use the SOFTWARE DEVELOPMENT PRODUCT(S) by purchasing a developer license from LEXTUDIO for each developer using the SOFTWARE DEVELOPMENT PRODUCT(S), in accordance with Section 9 of this AGREEMENT. The number of licensed developers using the SOFTWARE DEVELOPMENT PRODUCT(S) must equal or be less than the number of seats purchased from LEXTUDIO.

1.3 COMPLIMENTARY USE LICENSE.

If the SOFTWARE DEVELOPMENT PRODUCT(S) you have obtained is marked as “COMPLIMENTARY” or “FREE”, you may install and use the SOFTWARE DEVELOPMENT PRODUCT(S).

LEXTUDIO reserves the right to discontinue at its discretion and without advance notice, the availability of COMPLIMENTARY or FREE versions of the SOFTWARE DEVELOPMENT PRODUCT(S) or its constituent parts at any time.

1.4 FIFTEEN (15) DAY EVALUATION (TRIAL) USE LICENSE.

If the SOFTWARE DEVELOPMENT PRODUCT(S) you have obtained is marked as a “TRIAL” or “EVALUATION,” you may install one copy of the SOFTWARE DEVELOPMENT PRODUCT(S) for evaluation purposes only, for a period of 15 calendar days from the date of installation (“EVALUATION PERIOD”). Upon expiration of the EVALUATION PERIOD, the SOFTWARE DEVELOPMENT PRODUCT(S) must be uninstalled and all copies destroyed.

You MAY NOT CREATE applications or begin software projects using the SOFTWARE DEVELOPMENT PRODUCT(S) under the terms of the FIFTEEN (15) DAY EVALUATION (TRIAL) USE LICENSE.

You MAY NOT REDISTRIBUTE files in the SOFTWARE DEVELOPMENT PRODUCT(S) distribution if using an evaluation or trial version of the SOFTWARE DEVELOPMENT PRODUCT(S).

1.5 PRE-RELEASE SOFTWARE.

SOFTWARE DEVELOPMENT PRODUCT(S) marked as PRE-RELEASE (including but not limited to the designation of Alpha, Beta, Community Technology Preview “CTP”, or Release Candidate “RC”) may contain deficiencies and as such, should not be considered for use or integrated in any mission critical application.

LEXTUDIO may, at its sole discretion, discontinue availability of the PRE-RELEASE software, limit or modify PRE-RELEASE software functionality, or eliminate SUPPORT SERVICES for the PRE-RELEASE software at any time. For a complete list of PRE-RELEASE software, refer to the following webpage: https://pro.sharpsnmp.com/support/release-notes.html

LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.

You may not reverse engineer, decompile, create derivative works or disassemble the SOFTWARE DEVELOPMENT PRODUCT(S). If the SOFTWARE DEVELOPMENT PRODUCT(S) is purchased by you with the intent to reverse engineer, decompile, create derivative works, or the exploitation and unauthorized transfer of any LEXTUDIO intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist and any PRODUCT(s) created as a result shall be judged illegal by definition. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, federal and international law.

SEPARATION OF COMPONENTS.

The SOFTWARE DEVELOPMENT PRODUCT(S) is licensed as a single PRODUCT(S). The SOFTWARE DEVELOPMENT PRODUCT(S) and its constituent parts and any provided redistributables may not be reverse engineered, decompiled, disassembled or separated for use on more than one computer, nor placed for distribution, sale, or resale as individual creations by LICENSEE. The provision of source code, if included with the SOFTWARE DEVELOPMENT PRODUCT(S), does not constitute transfer of any legal rights to such code, and resale or distribution of all or any portion of all source code and intellectual property will be prosecuted to the fullest extent of all applicable local, federal and international laws. All LEXTUDIO libraries, source code, redistributables and other files remain LEXTUDIO’s exclusive property. You may not distribute any files, except those that LEXTUDIO has expressly designated as REDISTRIBUTABLE(S).

RENTAL.

You may not rent, lease, or lend the SOFTWARE DEVELOPMENT PRODUCT(S).

TRANSFER.

You may NOT permanently or temporarily transfer ANY of your rights under this AGREEMENT to any individual or business or government entity without prior written approval from LEXTUDIO. Regardless of any modifications which you make and regardless of how you might compile, link, and/or package your programs, under no circumstances may the libraries, Redistributables, and/or files included in the SOFTWARE DEVELOPMENT PRODUCT(S) (including any portions thereof) be used for developing programs by anyone other than you. Only you as the LICENSEE have the right to use the libraries, redistributables, or other files of the SOFTWARE DEVELOPMENT PRODUCT(S) (or any portions thereof) for developing programs created with the SOFTWARE DEVELOPMENT PRODUCT(S). You may not share copies of the Redistributables with other co-developers. You may not reproduce or distribute any LEXTUDIO documentation without the permission of LEXTUDIO.

REDISTRIBUTION.

The SOFTWARE DEVELOPMENT PRODUCT(s) may include certain files (“REDISTRIBUTABLE(s)”) intended for distribution by you to the users of software applications which you create. Redistributables include, for example, those files identified in printed or on-line documentation as redistributable files or those files preselected for deployment by an install utility provided with the SOFTWARE DEVELOPMENT PRODUCT(S) (if any). In all circumstances, the REDISTRIBUTABLES for the SOFTWARE DEVELOPMENT PRODUCT(S) are only those files specifically designated as such by LEXTUDIO.

AT NO TIME MAY LICENSEE CREATE ANY TOOL, REDISTRIBUTABLE, OR PRODUCT THAT DIRECTLY OR INDIRECTLY COMPETES WITH ANY LEXTUDIO PRODUCT(S), INCLUDING BUT NOT LIMITED TO THE SOFTWARE DEVELOPMENT PRODUCT(S), BY UTILIZING ALL OR ANY PORTION OF THE LEXTUDIO SOFTWARE DEVELOPMENT PRODUCT(S).

Distribution by the LICENSEE of any design-time tools (EXE’s or DLL’s), executables, and source code distributed to LICENSEE by LEXTUDIO as part of this SOFTWARE DEVELOPMENT PRODUCT(S) and not explicitly identified as a redistributable file is strictly prohibited. The LICENSEE shall not develop software applications that provide an application programming interface to the SOFTWARE DEVELOPMENT PRODUCT(S) or the SOFTWARE DEVELOPMENT PRODUCT(S) as modified.

The LICENSEE may NOT distribute the SOFTWARE DEVELOPMENT PRODUCT(S), in any format, to others for development or application compilation purposes.

If you have purchased a developer license as described in Section 9 of this AGREEMENT, or have obtained a COMPLIMENTARY USE LICENSE as described in Section 1.3 of this AGREEMENT, you may reproduce and distribute copies of the REDISTRIBUTABLES, provided that such copies are made from the original copy of the REDISTRIBUTABLES included with the SOFTWARE DEVELOPMENT PRODUCT(S) or modified versions of the REDISTRIBUTABLES which are provided to you by LEXTUDIO or those which you create. Copies of REDISTRIBUTABLES may only be distributed with and for the sole purpose of executing application programs permitted under this AGREEMENT that you have created using the SOFTWARE DEVELOPMENT PRODUCT(S).

The complete list of REDISTRIBUTABLES under this AGREEMENT is as follows:

SharpSnmpPro.Mib.dll

LICENSEE MAY NOT REDISTRIBUTE any files in the SOFTWARE DEVELOPMENT PRODUCT(S) distribution if using an evaluation, trial, Not for Resale, or demo version of the SOFTWARE DEVELOPMENT PRODUCT(S).

All title and copyrights in and to the SOFTWARE DEVELOPMENT PRODUCT(S) (including but not limited to any LEXTUDIO trademarks, copywritten images, demos, source code, intermediate files, packages, photographs, redistributables, animations, video, audio, music, text, and “applets” incorporated into the SOFTWARE DEVELOPMENT PRODUCT(S) the accompanying printed materials, and any copies of the SOFTWARE DEVELOPMENT PRODUCT(S)) are owned by LEXTUDIO.

The SOFTWARE DEVELOPMENT PRODUCT(S) is protected by copyright laws and international treaty provisions and therefore, you must treat the SOFTWARE DEVELOPMENT PRODUCT(S) like any other copyrighted material except that you may install and use the SOFTWARE DEVELOPMENT PRODUCT(S) as described in this AGREEMENT.

OPEN SOURCE LIBRARIES.

The SOFTWARE DEVELOPMENT PRODUCT(S) found in this installation package may include or require certain third-party, open source components or libraries (“THE OPEN SOURCE LIBRARIES”).

Where applicable, LEXTUDIO may include a “NOTICE” file to provide a list of THE OPEN SOURCE LIBRARIES required for certain portions of the documentation, sample source code, and other demo projects.

THE OPEN SOURCE LIBRARIES included in the SOFTWARE DEVELOPMENT PRODUCT(S) are done so pursuant to each individual open source library license and subject to the disclaimers and limitations on liability set forth in each open source library license.

The SOFTWARE DEVELOPMENT PRODUCT(S) may include external installation references for THE OPEN SOURCE LIBRARIES on their respective package management locations. These external locations may include, but are not limited to, NuGet or npm. Prior to installing THE OPEN SOURCE LIBRARIES, You are responsible for reviewing and agreeing to each associated license agreement accompanying a library, and any other sub-dependency required by that library.

Whether included as part of the SOFTWARE DEVELOPMENT PRODUCT(S) installation package, or referenced as an external dependency or requirement, THE OPEN SOURCE LIBRARIES are provided “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL LEXTUDIO, THE AUTHORS, OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE OPEN SOURCE LIBRARIES OR THE USE OF OTHER DEALINGS IN THE OPEN SOURCE LIBRARIES.

THE OPEN SOURCE LIBRARIES listed in this section are included in this SOFTWARE DEVELOPMENT PRODUCT(S) installation package.

DEVELOPER LICENSE AND UPDATES.

LEXTUDIO licenses the SOFTWARE DEVELOPMENT PRODUCT(S) on a per developer basis. LICENSEE will be eligible to receive all major and minor updates for the SOFTWARE DEVELOPMENT PRODUCT(S).

If the SOFTWARE DEVELOPMENT PRODUCT(S) is labeled as an update, you must be properly licensed to obtain the updated SOFTWARE DEVELOPMENT PRODUCT(S). A SOFTWARE DEVELOPMENT PRODUCT(S) labeled as an update replaces and/or supplements the SOFTWARE DEVELOPMENT PRODUCT(S) that formed the basis for your eligibility for the update, and together constitutes a single PRODUCT(S). You may only use the updated PRODUCT(S) in accordance with all the terms of this AGREEMENT.

Pricing for a developer license of SOFTWARE DEVELOPMENT PRODUCT(S) is listed on pro.sharpsnmp.com and subject to change with or without notice.

REDISTRIBUTABLES referenced in this AGREEMENT are dependent upon the developer license purchased from LEXTUDIO.

LEXTUDIO reserves the right to discontinue the SOFTWARE DEVELOPMENT PRODUCT(S) or its constituents, at any time.

DOWNLOAD of SOFTWARE DEVELOPMENT PRODUCT(S).

The SOFTWARE DEVELOPMENT PRODUCT(S) will be made available for download exclusively.

EXPORT RESTRICTIONS.

LEXTUDIO expressly complies with all export restrictions imposed by the government of Canada. You, as LICENSEE, must agree not to export or re-export the SOFTWARE DEVELOPMENT PRODUCT(S) within any created application to any country, person, entity or end user subject to Canada export restrictions. You warrant and represent that neither the Canada Trade Controls Bureau nor any other federal agency has suspended, revoked or denied your export privileges.

DISCLAIMER OF WARRANTY.

LEXTUDIO expressly disclaims any warranty for the SOFTWARE DEVELOPMENT PRODUCT(S). THE SOFTWARE DEVELOPMENT PRODUCT(S) AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. LEXTUDIO DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE DEVELOPMENT PRODUCT(S) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE DEVELOPMENT PRODUCT(S) REMAINS WITH YOU. No oral or written information or advice given by LEXTUDIO or its employees shall create a warranty or in any way increase the scope of this warranty.

LIMITATIONS ON LIABILITY.

To the maximum extent permitted by applicable law, in no event shall LEXTUDIO be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE DEVELOPMENT PRODUCT(S) or the provision of or failure to provide SUPPORT SERVICES, even if LEXTUDIO has been advised of the possibility of such damages.

LICENSEE understands that the SOFTWARE DEVELOPMENT PRODUCT(S) may produce inaccurate results because of a failure or fault within the SOFTWARE DEVELOPMENT PRODUCT(S) or failure by LICENSEE to properly use and or deploy the SOFTWARE DEVELOPMENT PRODUCT(S). LICENSEE assumes full and sole responsibility for any use of the SOFTWARE DEVELOPMENT PRODUCT(S), and bears the entire risk for failures or faults within the SOFTWARE DEVELOPMENT PRODUCT(S). You agree that regardless of the cause of failure or fault or the form of any claim, YOUR SOLE REMEDY AND LEXTUDIO’S SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL LEXTUDIO’S LIABILITY EXCEED THE PRICE PAID TO LEXTUDIO FOR THE SOFTWARE DEVELOPMENT PRODUCT(S). This Limited Warranty is void if failure of the SOFTWARE DEVELOPMENT PRODUCT(S) has resulted from accident, abuse, alteration, unauthorized use or misapplication of the SOFTWARE DEVELOPMENT PRODUCT(S).

INDEMNIFICATION.

You hereby agree to indemnify LEXTUDIO and its officers, directors, employees, agents, and representatives from each and every demand, claim, loss, liability, or damage of any kind, including actual attorney’s fees, whether in tort or contract, that it or any of them may incur by reason of, or arising out of, any claim which is made by any third party with respect to any breach or violation of this AGREEMENT by you or any claims based on the Applications and the SOFTWARE DEVELOPMENT PRODUCT(S) included herein, including without limitation any claims asserted by your end user customers.

SUPPORT SERVICES.

LEXTUDIO may provide you with support services related to the SOFTWARE DEVELOPMENT PRODUCT(S) (“SUPPORT SERVICES”). Use of SUPPORT SERVICES is governed by LEXTUDIO policies and programs described in the user manual, in “on line” documentation and/or other LEXTUDIO provided materials. LEXTUDIO may restrict or otherwise discontinue SUPPORT SERVICES provided to you if your use of SUPPORT SERVICES is deemed by LEXTUDIO, in its sole and reasonable discretion, to be excessive and beyond the scope of fair use.

Any supplemental SOFTWARE DEVELOPMENT PRODUCT(S) provided to you as part of the SUPPORT SERVICES shall be considered part of the SOFTWARE DEVELOPMENT PRODUCT(S) and subject to the terms and conditions of this AGREEMENT. With respect to technical information you provide to LEXTUDIO as part of the SUPPORT SERVICES, LEXTUDIO may use such information for its business purposes, including for SOFTWARE DEVELOPMENT PRODUCT(S) support and development.

TERMINATION.

Without prejudice to any other rights or remedies, LEXTUDIO will terminate this AGREEMENT upon your failure to comply with all the terms and conditions of this AGREEMENT. In such events, LICENSEE must destroy all copies of the SOFTWARE DEVELOPMENT PRODUCT(S) and all of its component parts including any related documentation, and must remove ANY and ALL use of LEXTUDIO intellectual property from any applications distributed by LICENSEE, whether in native, altered or compiled states.

TAX.

LEXTUDIO may be required by local, state, or national government laws, to collect sales or use tax from you. If LEXTUDIO is not legally required to collect any applicable taxes at the time of purchase, you should confirm that your local, state, or national government does not impose any sales or use tax on electronically delivered software. You are entirely liable for any such sales or use tax.

PERSONAL DATA.

All Information LEXTUDIO collects from you is stored and maintained on servers utilizing reasonable and appropriate data security safeguards. LEXTUDIO does not lend, lease, sell, or market information it obtains from its customers or those who provide us personally identifiable information. LEXTUDIO does not disclose purchase information or licensing information to third parties.

LEXTUDIO collects personally identifiable information whenever you purchase/license a LEXTUDIO product or service. Information includes Name, Address, Phone Number, Email address, Payment Information, Product Purchases, Licenses Owned, Employee/Contact Details, etc. The information we collect allows LEXTUDIO to communicate with you regarding upcoming product updates, new product releases, company news and other important business matters.

LEXTUDIO does not wish to receive, act to procure, nor desire to solicit, confidential or proprietary materials and information from you through the use of the SOFTWARE DEVELOPMENT PRODUCT(S) or SUPPORT SERVICES. Any and all materials, attachments, or information submitted by you as part of error submissions, or divulged during chats, online discussions, Support Center submissions, or made available to LEXTUDIO in any manner will be deemed NOT to be confidential by LEXTUDIO. You acknowledge that submissions to LEXTUDIO will not be considered confidential or proprietary and that LEXTUDIO will be under no obligation to keep such information confidential.

Your election to use the SOFTWARE DEVELOPMENT PRODUCT(S) indicates your acceptance of the terms of this AGREEMENT. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and in case of any unauthorized activity on your account, you agree to inform LEXTUDIO immediately by any method listed on the LEXTUDIO website’s Contacts page. LEXTUDIO is not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.

LEXTUDIO may disclose or report Confidential Information in limited circumstances where it believes in good faith that disclosure is required under the law. For example, LEXTUDIO may be required to disclose Confidential Information to cooperate with regulators or law enforcement authorities, to comply with a legal process such as a court order, subpoena, search warrant, or a law enforcement request. Additionally, if the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the SOFTWARE DEVELOPMENT PRODUCT(S) to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, we may transfer or sell your personal information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to the promises made in the applicable privacy policy unless you agree differently.

LEXTUDIO’s use of personal data is governed by the terms set forth in our comprehensive Privacy Policy: https://support.lextudio.com/privacy.html

MISCELLANEOUS.

This AGREEMENT shall be construed, interpreted and governed by the laws of the Province of Ontario, Canada. This AGREEMENT gives you specific legal rights; you may have others that vary from state to state and from country to country.

This AGREEMENT may only be modified in writing signed by you and an authorized officer of LeXtudio Inc. If any provision of this AGREEMENT is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.

LEXTUDIO reserves all rights not specifically granted in this AGREEMENT.

Should you have any questions concerning this AGREEMENT, contact us directly in the Canada at +1 (437) 370-8438, or write: LeXtudio Inc. Legal department / 236 Bowood Ave, Toronto, ON M4N 1Y6.

All trademarks and registered trademarks are property of their respective owners.

End User License Agreement#

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