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: Juniper® 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.
Home