Thank you for visiting Zoho Corporation Private Limited ("we" or "Zoho") website, www.webnms.com (the "Website").
This document is a legal agreement ("Agreement") between you or the entity that you represent ("you") and Zoho,
and governs your download and purchase of WebNMS Go SNMP API ("Licensed Software") from the Website.
PLEASE NOTE THAT YOUR USE OF THE WEBSITE TO DOWNLOAD A SOFTWARE PRODUCT CONSTITUTES ACCEPTANCE OF TERMS OF THIS AGREEMENT PROVIDED BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE EXIT THE WEBSITE WITHOUT CONTINUING THE ORDERING AND/OR DOWNLOADING PROCESS.
1. Evaluation License
Zoho grants you a non-exclusive, non-transferable, non-sublicense-able Evaluation license for trial and evaluation of the Licensed Software for a period of forty-five days (45) from the date of download. The License begins upon downloading the Licensed Software and ends forty-five (45) days thereafter ("Evaluation Period"). If you wish to use the Licensed Software after Evaluation Period, formal license authorization from Zoho is required. If you do not wish to use the Licensed Software after the Evaluation period, you must delete all the copies of the Licensed Software in your possession with immediate effect.You are forbidden from using the Licensed Software for any other use or otherwise offering it for resale under the terms of this Section 1. Zoho retains all rights not specifically granted to you herein.
2. Development License
Upon purchasing the Developer License and subject to the terms and conditions of this Agreement, Zoho grants you a limited, non-exclusive, non-transferable, non-sublicense-able, worldwide, revocable Development License to use the Licensed Softwarefor testing, executing and developing your application. The license permits you to make one copyof the Licensed Software for archival and backup purposes. No other copies shall be made without Zoho’s prior written consent. Archival and backup copies of the Licensed Software are subject to terms and conditions of this Agreement. You must reproduce all titles, trademarks, copyrights and restricted rights notices in such copies.
3. Source Code License
Zoho hereby grants you a limited, non-exclusive, non-transferable, non-sublicense-able, worldwide, revocable license
to use the source of the Licensed Software ("Source Code") solely for the purpose of compilation of your applications
subject to the following restrictions:
4. Distribution License
Upon payment of applicable fee, you will be granted Distribution License from Zoho for distributing the Licensed Software, in binary form, as part of your applications. The Distribution License grants you a worldwide, non-exclusive, non-transferable right to distribute the Licensed Software as part of your applications. You must reproduce all titles, trademarks, copyrights and restricted rights notices displayed in the the Licensed Software in your applications.
5. Restrictions on Use
The following restrictions shall apply to you for all licenses granted to you hereunder:
6. Third Party Products
The Licensed Software contains software which originated with third party vendors and without limiting the general applicability of the other provisions of this Agreement, you agree that
7. Audit
Zoho has the right to audit your use of the Licensed Software by providing at least seven (7) days prior written notice of its intention to conduct such an audit at your facilities during normal business hours.
8. Ownership
Zoho shall retain all right, title, interest in and to the Licensed Software and any modifications or translations thereof. Except for the license rights expressly set forth herein, you do not acquire any rights in the Licensed Software and the Source Code. Licensed Software is owned by Zoho and is copyrighted and licensed, not sold.
9. Confidentiality
You acknowledge and agree that the Source Code contains trade secrets and other confidential information of Zoho. You shall take appropriate steps to ensure that the Source Code remains confidential and is protected against unauthorized disclosure. You agree to maintain the Source Code in strict confidence, permit access only by persons with a need to know and use the same procedures and degree of care that you use to prevent disclosure of your own confidential information, but in any event using no less than a reasonable standard of care.
10. Technical Support
During development phase of your application, Zoho provides you the option of availing Classic or Premium support. The terms of Classic and Premium support are described in Exhibit A of this Agreement. Zoho specifically excludes upgrades from the support program. Upgrade to the Licensed Software will be provided upon payment of an Upgrade License fee in accordance to Zoho’s then current pricing policy.
11. Deployment or Production Support
During deployment or production phase of your application, Zoho provides you Deployment/Production support services. Please contact Zoho sales, for the deployment license terms, which may require additional license fees.
12. Term and Termination
This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of the Licensed Software. This Agreement will terminate immediately without notice from Zoho if you fail to comply with any provision of this Agreement. Upon termination, you must destroy all copies of the Licensed Software. Zoho may terminate this Agreement for any reason, including but not limited to your breach of any of the terms of the Agreement. Upon such termination, you shall immediately
13. Warranty Disclaimer
Zoho does not warrant that the Licensed Software is error free. Licensed Software is supplied "as is" without warranty of any kind. Zoho disclaims any and all warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, warranty of non-infringement and without warranty as to the performance or results you may obtain by using the Licensed Software. You are solely responsible for determining the appropriateness of using the Licensed Software and assume all risks associated with the use of it, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
14. Limitation of Liability
In no event will Zoho be liable to you or any third party for any special, incidental, indirect, punitive or exemplary or consequential damages, or damages for loss of business, loss of profits, business interruption, or loss of business information arising out of the use or inability to use the program or for any claim by any other party even if Zoho has been advised of the possibility of such damages. Zoho's entire liability with respect to its obligations under this agreement or otherwise with respect to the Licensed Software shall not exceed the amount of the license fee paid by you for the Licensed Software.
15. General
If you are a resident of the United States or Canada, this Agreement shall be governed by and interpreted in all respects by the laws of the State of California, without reference to conflict of laws' principles, as such laws are applied to agreements entered into and to be performed entirely within California between California residents. If you are a resident of any other country, this Agreement shall be governed by and interpreted in all respects by the laws of the Republic of India without reference to conflict of laws' principles, as such laws are applied to agreements entered into and to be performed entirely within the Republic of India between residents of the Republic of India. If you are a resident of the United States or Canada, you agree to submit to the personal jurisdiction of the courts in the Northern District of California. If you are a resident of any other country, you agree to submit to the personal jurisdiction of the courts in Chennai, India. This Agreement constitutes the entire agreement between the parties, and supersedes all prior communications, understandings or agreements between the parties. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this Agreement is found invalid or unenforceable, the remainder shall be interpreted so as to reasonable effect the intention of the parties. You shall not export the Licensed Software or your application containing the Licensed Software except in compliance with United States export regulations and applicable laws and regulations.
Exhibit A - Development Support Terms
A.1 Classic Support Terms
A.2 Premium Support Terms
Note:
Upgrade (significant new features, additions to functionalities, indicated by a change in the number to the left of the decimal) is
not included in both Classic and Premium support terms.
