SOFTWARE LICENSE AGREEMENT (END USER LICENSE
AGREEMENT)
AND
DISCLAIMER
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT.
USE OF THE certexams.com SOFTWARE PROVIDED WITH THIS AGREEMENT (THE
"SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT
AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL AND/OR USE THIS
SOFTWARE. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER
WITH THE TERMS OF THIS AGREEMENT.
1. LICENSE GRANT. certexams.com grants you a license to use the software
programs (the "SOFTWARE") on any computer as long as the terms of this
license agreement are respected. "You" means the company, entity, or
individual installing or using the SOFTWARE. "Use" means storing,
loading, installing, executing, or displaying the SOFTWARE. You may not modify
the SOFTWARE or disable any licensing or control features of the SOFTWARE except
as an intended part of the SOFTWARE's programming features. This license is not
transferable to any other hardware product or other company, entity, or
individual. certexams.com means any entity/individual(s)/Company representing certexams.com.
2. OWNERSHIP. The SOFTWARE is owned and copyrighted by certexams.com and/or any
Company/individual representing certexams.com. Your license confers no title or ownership
in the SOFTWARE and should not be construed as a sale of any right in the
SOFTWARE.
3. COPYRIGHT. The SOFTWARE is protected by copyright laws and international
treaty provisions. You acknowledge that no title to the intellectual property in
the SOFTWARE is transferred to you. You further acknowledge that title and full
ownership rights to the SOFTWARE will remain the exclusive property of certexams.com
and/or the entity/individual representing it, and you will not acquire any
rights to the SOFTWARE except as expressly set forth in this license. You agree
that any copies of the SOFTWARE will contain the same proprietary notices which
appear on and in the SOFTWARE.
4. UNAUTHORIZED USE. You may not use, copy, rent, lease, sell, modify, decompile,
disassemble, otherwise reverse engineer, or transfer the SOFTWARE except as
provided in this agreement. Any such unauthorized use shall result in immediate
and automatic termination of this license.
5. BUNDLING. In no case may the SOFTWARE be bundled with hardware or other
non-shareware software without written permission from certexams.com.
6. DISTRIBUTION. Provided that you verify that you are distributing the Demo
version of the SOFTWARE, you are hereby licensed to make as many copies of the
Freeware/trial package of the SOFTWARE as you wish; give exact copies of the
original Demo/trial package of the SOFTWARE to anyone; and distribute the
Demo/trial package of the SOFTWARE in its unmodified form via electronic means
(Internet, BBS's, Shareware distribution libraries, CD-ROMs, etc.). You may
charge a distribution fee for the package, but you must not represent in any way
that you are selling the software itself.
Distribution of the full version of the software (i.e. neither Demo/ Trial) is
forbidden.
All distribution of SOFTWARE is further restricted with regard to sources which
also distribute virus source code and related virus construction/creation
materials. The SOFTWARE may not be made available on any site, CD-ROM, or with
any package which makes available or contains viruses, virus source code, virus
construction programs, or virus creation material.
Permission to distribute the SOFTWARE is not transferable, assignable, saleable,
or franchisable. Each entity wishing to distribute the package must
independently satisfy the terms of the distribution license.
7. LIMITED WARRANTY. THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. certexams.com
and/or the entity/individual representing certexams.com SOFTWARE
DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER certexams.com
NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY
OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL
DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF certexams.com
and/or the entity/individual representing certexams.com HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE
BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO
YOU TO THE EXTENT THAT LIABILITY IS BY LAW INCAPABLE OF EXCLUSION OR
RESTRICTION.
IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE FEE PAID TO certexams.com
and/or the entity/individual representing certexams.com.
9. SEVERABILITY. In the event of invalidity of any provision of this license,
the parties agree that such invalidity shall not affect the validity of the
remaining portions of this license.
10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL certexams.com
and/or the entity/individual representing it, OR ITS SUPPLIERS BE LIABLE
TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY
KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF certexams.com
AND/OR INDIVIDUALS/ENTITIES REPRESENTING certexams.com
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL certexams.com
and/or the entity/individual representing certexams.com, LIABILITY FOR
ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED
THE LICENSE FEE PAID BY YOU, IF ANY.
11. GOVERNING LAW. This agreement shall be governed by the laws of Bangalore, India,
excluding the application of its conflicts of law rules, and shall inure to the
benefit of certexams.com and/or the entity/individual representing it, and any
successors, administrators, heirs, and assigns. Any action or proceeding brought
by either party against the other arising out of or related to this agreement
shall be brought only in a COURT of competent jurisdiction located in India. The
parties hereby consent to in personam jurisdiction of said courts.
12. INSPECTION AND TESTING. You agree and acknowledge that you will thoroughly
inspect and test the SOFTWARE for all of your purposes upon commencement of your
use. Any legal action, claim, or any arbitration relating in any way to this
agreement or software covered by it must be officially filed or officially
commenced no later than 90 days after your first download/installation of the
software.
13. Certexams.com software is not affiliated with, nor endorsed by, any other company including the following:
Cisco® Systems, Inc; Microsoft®, Inc; or any other company. All
trademarks are trademarks of their respective owners and duly acknowledged.
14. Please note that this software is only a simulator, and
DOES NOT represent any real router. We have tried to provide as much
functionality as possible with the limited resources. There are several known
limitations including the following:
a.
Limited command support -only a limited set of commands are supported at this
time,
b. The responses may not be same as that of real router,
though we tried to achieve closer results,
c. This software is still under development (currently
running beta version), please report any bugs or suggestions by email.
The developers, authors of lab exercises, certexams.com,
or any entity/individual associated with certexams.com shall have neither
liability nor responsibility to any person or entity with respect to any loss or
damages arising from the information contained on this Web Site or from the use
of any information or simulator software or database of lab exercises contained
in the software.
15. ENTIRE AGREEMENT. This is the entire agreement between you and certexams.com,
supercedes any prior agreement or understanding, whether written or oral,
relating to the subject matter of this license.
16. RESERVED RIGHTS. All rights not expressly granted here are reserved to
certexams.com.
