HV Manager 3.2.3

EULA - End User License Agreement

END USER LICENSE AGREEMENT FOR HV MANAGER OF APRELTECH.

This HV Manager End-User License Agreement (this "Agreement") is a legal agreement between you ("Licensee", either an entity or individual person) and AprelTech, llc (www.apreltech.com) regarding the use of the HV Manager software product accompanying this Agreement, including without limitation associated documentation ("HV Manager" or "Software Product").
By accepting this Agreement or by copying, installing, uploading, accessing or using all or any portion of the Software Product Licensee agrees to enter into this Agreement. A contract is then formed between AprelTech and the licensed user of the software.

1. GRANT OF LICENSE
Subject to the restrictions set forth in the "LICENSE RESTRICTIONS" section, APREL Tech hereby grants Licensee a perpetual, non-transferable limited, and non-exclusive license to use the Software Product, solely for Licensee's internal business purposes, and subject to the terms and conditions set forth in this Agreement.

2. LICENSING

2.1 Evaluation license is a temporary license that can be used only for product evaluation. The license is valid for 30 days from the product installation.

2.2 Per Server Licensing
You must obtain a separate license for each Hyper-V Server managed by HV Manager. "Server" means a physical or virtual machine capable of running Microsoft Hyper-V Server software. For purposes of this definition, each virtual machine, hardware partition, or blade is considered to be a separate Server. You may transfer the license from one server to another. Each license may not be used on more than one (1) server at the same time.

3 LICENSE RESTRICTIONS
The Software Product is licensed, not sold. This Agreement gives Licensee only some rights to use the Software Product. AprelTech reserves all other rights. Unless applicable law gives Licensee more rights despite this limitation, Licensee may use the Software Product only as expressly permitted in this Agreement. In doing so, Licensee must comply with any technical limitations of the Software Product that only allow Licensee to use the Software Product in certain ways. Except as explicitly authorized in this Agreement, Licensee shall not itself, or through any parent, subsidiary, affiliate, agent or other third party:

(a) modify, reverse engineer, decompile or disassemble the Software Product;
(b) write or develop any derivative software or any other software program based upon the Software Product;
(c) sell, lease, license or sublicense the Software Product;
(d) interfere with, remove, disable, or modify any license key or license monitoring mechanism in or provided with the Software Product;
(e) allow access to the Software Product by any person other than Licensee, Licensee's employees or contractors, or otherwise provide or make the Software Product available to any third party without AprelTech's prior written consent;
(f) use the Software Product to provide processing services to third parties, or otherwise use the Software Product on a "service bureau" basis.

4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. Because of the various hardware and software environments into which Software Product may be put,
NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. The user must assume the entire risk of using the program. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.

5. TERMINATION
This Agreement will terminate immediately and automatically without notice if you breach any provision in this Agreement. The provisions of this Agreement, except for the license grant will survive termination. Upon termination you will remove all copies of the Software or any part of the Software from any and all computer storage devices and destroy the Software. At AprelTech's request, you or your authorized signatory will certify in writing to AprelTech, that all complete and partial copies of the Software have been destroyed and that none remain in your possession or under your control.