TYAN Software / Utilities Usage Agreement


Notice to User:
This is a contract. By installing this software you accept all the terms and conditions of this agreement.

This TYAN COMPUTER CORPORATION (TYAN) End User Licensing Agreement accompanies the TYAN™ System Monitor product and related accompanying materials (Software). The term 'Software' shall also include any upgrades, modified versions, or updates of the Software licensed to you by TYAN. Please read this Agreement carefully. At the end, you will be asked to accept this agreement and continue to install or, if you do not accept the terms of this Agreement, or otherwise decline this Agreement, you will not be permitted to install the Software.Upon your acceptance of this Agreement, TYAN grants to you a non-exclusive license to use the Software, provided that you agree to the following:

1. Use of the Software.
- You may install the Software on a hard disk or other storage device; install and use the Software on a file server for use on a network for the purposes of (i) permanent installation onto hard disks or other storage devices or (ii) use of the Software over such a network.
- You may make backup copies of the Software for archival purposes. Each backup copy must contain a complete, unaltered copy of this Agreement.- TYAN holds all rights to distribution of this product, and reserves the right to cease distribution of the Software from the TYAN website or any other source of distribution at any time. You may not distribute the Software in any form, electronic or otherwise.- Such rights apply whether you use the TYAN System Monitor as an application, applet, or otherwise.

2. Restrictions.
You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of any Software provided in compiled form. The Software is licensed and distributed by TYAN for reading and monitoring the characteristics of TYAN hardware products.

3. Copyright and Trademark Rights.
The Software is owned by TYAN and its suppliers. The Software structure, organization and code are the intellectual property of TYAN and its suppliers. The Software also is protected by United States Copyright Law and International Treaty provisions. You may use trademarks only as required to comply with Section 1 of this Agreement and to identify any printed output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software, nor does it grant you any rights over trademarks own by TYAN and its suppliers.

4. No Warranty.
The Software is being delivered to you AS IS and TYAN makes no warranty as to its use or performance. TYAN AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. TYAN AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL TYAN OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN OFFICER OF TYAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

5. Governing Law and General Provisions.
This Agreement will be governed by the laws of the State of California, U.S.A., excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of TYAN.

Information published on TYAN.com is subject to change without notice.
Copyright © 2006, TYAN COMPUTER CORPORATION. All Rights Reserved.