END-USER LICENSE AGREEMENT FOR AIRSERVER

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE

AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM
INSTALL:
This End-User License Agreement ("EULA") is a binding legal agreement between You,
the "User" (an individual or single entity) and App Dynamic (the "Company") concerning
AirServer for OS X or AirServer Universal for Windows, including, associated
software components, media, printed and electronic documentation (collectively
"AirServer").
By installing, copying, or otherwise using AirServer, you agree to be bound by the terms
and conditions of this EULA.
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL OR
USE AIRSERVER.
Date of EULA October 30, 2014.
1.

LICENSE GRANT.

A.

AirServer is licensed, not sold.

B.
Subject to the terms of this EULA, You are granted a limited, personal, revocable,
worldwide, non-assignable, non-sublicenseable, non-transferable and non-exclusive
license to install and use AirServer.
C.
You may install and use one (1) copy of AirServer on one (1) computer that
belongs to You, and you may make one (1) copy of AirServer for backup and archival
purposes. You are not permitted any other rights concerning distribution of AirServer.
B.
You agree not to translate, modify, sell, lease, rent, loan, redistribute, sub-lease,
sub-license, make copies of (unless expressly permitted under this Licence) or create
derivative works from AirServer or any part of AirServer.
C.
You agree not to alter, merge, modify, adapt or translate AirServer, or decompile,
reverse engineer, disassemble, or otherwise reduce AirServer to a human-perceivable
form.
D.
This license does NOT guarantee you the right to future upgrades or updates of
AirServer, and the Company reserves the right to charge for future upgrades or updates of
AirServer.
2.

TYPES OF LICENSES

The Company sells and distributes AirServer under different types of licenses (e.g.,
education, consumer, business, enterprise, etc.) and each type of license contains
additional use restrictions. When You purchase a license, You agree that, at the time of
purchase, You qualify for that version of the license. If Your representation is inaccurate
or false, the Company may terminate immediately your license.
A.
Educational License. The Education License is designed and limited for use only
by qualifying teachers, students and schools for academic or educational purposes. To
purchase an Education License You must provide an educational email address (e.g.,
.edu). The Education License may not be used for, or distributed to any party for, any
commercial purpose.
B.
Consumer License. The Consumer License is designed and limited for
individuals for their personal non-commercial use.
C.
Business License. The Business License is designed for Your business's own
internal use. Only Your employees, contractors and consultants may use AirServer and
only for Your benefit so long as such use is in compliance with the terms of this
Agreement.
D.
Enterprise License. The Enterprise License is designed for Your business's
commercial uses, such as hospitality, showroom, broadcasting, signage, etc. Only Your
employees, contractors and consultants may use AirServer and only for Your benefit so
long as such use is in compliance with the terms of this Agreement.
E.
Trial or Evaluation License. The Trial or Evaluation License shall be for a limited
term that begins on installation and shall be for the duration identified by the Company.
At the end of the evaluation period, You must stop using AirServer or pay for AirServer
to continue using it. If You fail to pay for AirServer, then Your license terminates. Upon
expiration of the evaluation period, You will immediately discontinue use of AirServer
and delete and destroy all electronic copies of AirServer including, but not limited to, all
user documentation that may have been provided as part of the evaluation from any
computing device on which You installed AirServer. Unauthorized use of AirServer
beyond the applicable fixed term, or any attempt to defeat any time-control disabling
function in AirServer is an unauthorized use constituting a material breach of this EULA
and applicable law and will automatically and immediately terminate Your license to use
AirServer.
F.
Developer License. The Developer License is designed for a business that desires
to create a future product that includes or uses AirServer. This license is limited to only
the development stage of that future product, and does not permit You to sell or distribute
copies of AirServer with the future product. Please contact the Company for more
information about this license.
3.

HARDWARE AND SOFTWARE COMPATIBILITY.

AirServer operates on a variety of computer operating systems, and with a variety of

mobile devices. There is no guarantee that all potential combinations of computer
operating systems and mobile devices will function. The Company will make a
reasonable effort to maintain an updated table of supported operating systems and mobile
devices at http://www.airserver.com/compatibility.
4.

INTELLECTUAL PROPERTY RIGHTS.

A.
AirServer is protected by intellectual property laws and international intellectual
property laws and treaties. The Company retains all intellectual property rights (such as
patent, copyright, trademark and trade secret) related in and to AirServer. You do not
acquire any rights, express or implied, to AirServer, other than those specifically set forth
in this License.
B.

AirServer is a trademark of the Company, and is registered in the U.S.

C.
AirServer contains software code from third-parties under various licenses. The
Company does not claim any rights to such third-party software code.
D.
You agree not to remove or alter any Company or third-party copyright notices on
any and all copies of AirServer.
E.
The Company may provide you with support services related to AirServer
("Support Services"). Any supplemental software code provided to you as part of the
Support Services shall be considered part of AirServer and subject to the terms and
conditions of this EULA.
F.
You agree to comply with all applicable laws in your jurisdiction regarding use of
AirServer, including, but not limited to, Anti-Piracy and Content-Protection laws. All title
and intellectual property rights in and to the content which may be accessed through use
of AirServer is the property of the respective content owner and may be protected by
applicable copyright or other intellectual property laws and treaties. This EULA grants
you no rights to use such content.
5.

TERMINATION

Without prejudice to any other rights, the Company may terminate this EULA if you fail
to comply with the terms and conditions of this EULA. In such event, you agree to
destroy all copies of AirServer in your possession.
6.

NO WARRANTIES

YOU ASSUME ALL RESPONSIBILITIES FOR CHOOSING, INSTALLING, AND

USING AIRSERVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, COMPANY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, OR
FREEDOM FROM HARMFUL OR DAMAGING COMPUTER SOFTWARE (SUCH
AS A WORM, VIRUS, OR BOMB).
AIRSERVER IS PROVIDED "AS IS", AND MAY CONTAIN BUGS AND ERRORS.
COMPANY DOES NOT WARRANT AND NOTHING IN THIS LICENSE IMPLIES
(1) THAT THE OPERATION OF AIRSERVER WILL BE UNINTERRUPTED OR
ERROR FREE, (2) THAT ANY BUGS OR ERRORS FOUND WILL BE CORRECTED,
OR (3) THAT AIRSERVER WILL WORK WITH ALL POTENTIAL COMBINATIONS
OF COMPUTER OR DEVICE HARDWARE, OR COMPUTER OR DEVICE
OPERATING SYSTEMS.
THE COMPANY DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR
ANY CONTENT (TEXT, GRAPHICS, LINKS, FEATURES OR OTHER ITEMS)
BEING ACCESSED THROUGH THE USE OF AIRSERVER, AND YOU AGREE
THAT YOU SHALL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU OR
TO ANY THIRD PARTY RESULTING FROM OR IN ANYWAY RELATED TO SUCH
CONTENT.
7.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

WILL COMPANY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO LOST
REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR
ECONOMIC LOSS, ARISING OUT OF OR RELATING TO ANY USE OR
INABILITY TO USE AIRSERVER, EVEN IF COMPANY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE OR CLAIM.
THE COMPANY SHALL HAVE NO LIABILITY WITH RESPECT TO ANY
CONTENT BEING ACCESSED THROUGH THE USE OF AIRSERVER, INCLUDING
BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL,
INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS,
BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL
RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, EXCLUSIONS
AND LIMITATIONS SET FORTH IN THIS LICENSE CONSTITUTE ESSENTIAL
ELEMENTS OF THIS LICENSE AND IN THE ABSENCE OF THOSE ELEMENTS:
(A) THE TERMS IN THIS LICENSE WOULD BE SUBSTANTIALLY DIFFERENT;
AND (B) COMPANY'S ABILITY TO OFFER AND YOUR ABILITY TO OBTAIN
AIRSERVER OR ANY PORTION THEREOF UNDER THIS LICENSE WOULD BE
IMPAIRED.

8.

GENERAL TERMS.

A.
This Agreement will be governed and construed in all respects in accordance with
the laws of the Iceland, and You hereby submit to the exclusive jurisdiction of the courts
in Iceland.
B.
This Agreement represents the entire understanding of the parties, and supersedes
all previous communications, written or oral, relating to the subject of this Agreement.
C.

The Company reserves the right to amend the terms of this EULA.

D.
Company may assign its rights and obligation under this Agreement without your
consent. You may not assign or transfer any rights or obligations under this Agreement.

MICROSOFT SOFTWARE LICENSE TERMS

MICROSOFT DIRECTX END USER RUNTIME
These license terms are an agreement between Microsoft Corporation (or
based on where you live, one of its affiliates) and you. Please read them.
They apply to the software named above, which includes the media on which
you received it, if any. The terms also apply to any Microsoft
* updates,
* supplements,
* Internet-based services, and
* support services
for this software, unless other terms accompany those items. If so, those
terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT
ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of
copies of the software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement
only gives you some rights to use the software. Microsoft reserves all other
rights. Unless applicable law gives you more rights despite this limitation,
you may use the software only as expressly permitted in this agreement. In
doing so, you must comply with any technical limitations in the software that
only allow you to use it in certain ways. You may not
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, except and only
to the extent that applicable law expressly permits, despite this limitation;
* make more copies of the software than specified in this agreement or
allowed by applicable law, despite this limitation;

* publish the software for others to copy;

* rent, lease or lend the software;
* transfer the software or this agreement to any third party; or
* use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may
use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or
internal network may copy and use the documentation for your internal,
reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export
laws and regulations. You must comply with all domestic and international
export laws and regulations that apply to the software. These laws include
restrictions on destinations, end users and end use. For additional
information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is as is, we may not provide
support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements,
updates, Internet-based services and support services that you use, are the
entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States,
Washington state law governs the interpretation of this agreement and
applies to claims for breach of it, regardless of conflict of laws principles. The
laws of the state where you live govern all other claims, including claims
under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other
country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may
have other rights under the laws of your country. You may also have rights
with respect to the party from whom you acquired the software. This
agreement does not change your rights under the laws of your country if the
laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED AS-IS. YOU
BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES,
GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER
RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT
CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS,
MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN
RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP
TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING
CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL
DAMAGES.

This limitation applies to

* anything related to the software, services, content (including code) on third
party Internet sites, or third party programs; and
* claims for breach of contract, breach of warranty, guarantee or condition,
strict liability, negligence, or other tort to the extent permitted by applicable
law.
It also applies even if Microsoft knew or should have known about the
possibility of the damages. The above limitation or exclusion may not apply
to you because your country may not allow the exclusion or limitation of
incidental, consequential or other damages.