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License for Monyog - Registered Users

This registered license is for users who have obtained from Webyog Softworks Private Limited a valid license for Monyog. If you have not obtained a valid license for Monyog, see the section titled License for Trial Users.

Your Agreement to this License

This License only applies to the executable code for the English-language version of the Monyog software and any accompanying distributable files, data and materials. You should carefully read the following terms and conditions before using, installing, copying, or distributing Monyog. Unless otherwise agreed in a writing signed by an authorized representative of Webyog Softworks Private Limited ("Webyog"), your use, installation, copying, or distribution of Monyog indicates your acceptance of this agreement ("License").

Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not use, install, copy, or distribute Monyog. In addition, if you paid a license fee to Webyog or an authorized Webyog reseller, you may return to Webyog or the reseller, as applicable, a copy of the invoice, if any, and a signed Affidavit of De-Installation and Non-Use within ninety (90) days after purchase, for a full refund of the license fee.

The terms and conditions of this License describe the permitted use and user(s) of each Licensed Copy of Monyog.

Scope of License

Subject to the terms of this License, Webyog grants to you, for each Licensed Copy, a limited, non-exclusive, non-transferable, royalty-free, license to install and use Monyog, solely for your personal or internal business purposes.

Each Licensed Copy may be accessed through a network, provided that you have purchased a Licensed Copy for EACH server that will be monitored using Monyog through the network. For instance, if 7 different servers will be monitored using one instance of Monyog, you must purchase 7 "Server Licenses" of Monyog, regardless of whether the 7 servers will be monitored by one or multiple instances of Monyog.

For purposes of this License,

  1. if you have paid for a Single-Server Monyog License, you are deemed to have a "Single-Server" license of Monyog;
  2. if you have paid for a Multi-Server license of Monyog, you or your organization are deemed to have acquired a number of "Server Licenses" of Monyog equal to the number specified on the order confirmation mail, and are authorized to connect to those many number of servers using Monyog.

If you have purchased a Multi-Server License, you are responsible for duplicating and distributing Monyog for use in accordance with the terms of this License, and for monitoring the number of servers that Monyog connects to. For more information regarding multi-server licenses, please visit the Webyog website at www.webyog.com.

Webyog retains all ownership and intellectual property rights to Monyog. Webyog retains all ownership and intellectual property rights to anything developed by Webyog and delivered to you pursuant to this Agreement. All rights of any kind in Monyog which are not expressly granted in this License are entirely and exclusively reserved to and by Webyog. Monyog is protected by applicable national and international laws and treaties.

You may use, install and distribute Monyog solely as expressly provided in this License. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, Monyog, in whole or in part, nor permit anyone else to do so. You may not make access to Monyog available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of Monyog.

This license covers single end user entity (such as an LLC, corporation, organization or government agency) identified on the Order Form, including internal divisions of that entity, but not any subsidiaries or other affiliates of the entity. Under this license only the servers owned by the entity can be monitored. The entity may not be a service provider (eg. a consultant providing remote DBA services) or utility model computing delivery vendor (eg. ISPs) who serves multiple end users. For requirements which are not covered under this license please check out Monyog for Service Providers License or contact us at support@webyog.com for custom licensing.

Third Party Intellectual Property Rights

If a third party makes a claim against you that the Monyog furnished by Webyog, and used by you infringes its intellectual property rights, Webyog, at its sole cost and expense, will defend you against the claim and indemnify you from the damages, liabilities, costs and expenses awarded by the court to the third party claiming infringement or the settlement agreed to by Webyog, if you do the following:

  1. notify Webyog promptly in writing, not later than thirty (30) days after you receive notice of the claim (or sooner if required by applicable law);
  2. provide Webyog sole control of the defense and any settlement negotiations; and
  3. provide Webyog the information, authority, and assistance Webyog needs to defend against or settle the claim.

If Webyog believes or it is determined that Monyog may have violated a third party’s intellectual property rights, Webyog may choose to either modify Monyog to be non-infringing (while substantially preserving its utility or functionality) or obtain a license to allow for continued use, or if these alternatives are not commercially reasonable, Webyog may end the license for, and require return of, Monyog and refund any fees you may have paid for it and any unused, prepaid technical support fees you have paid for the license. If such return materially affects Webyog’s ability to meet its obligations under the relevant order, then Webyog may, at its option and upon thirty (30) days prior written notice, terminate the order. Webyog will not indemnify you if you alter Monyog or use it outside the scope of use identified in Webyog’s user documentation or if you use a version of Monyog which has been superseded, if the infringement claim could have been avoided by using an unaltered current version of Monyog which was provided to you. Webyog will not indemnify you to the extent that an infringement claim is based upon any information, design, specification, instruction, software, data, or material not furnished by Webyog. Webyog will not indemnify you to the extent that an infringement claim is based upon the combination of any software, program or hardware with Monyog that is not provided or authorized by Webyog. Webyog will not indemnify you for infringement caused by your actions against any third party if Monyog as delivered to you and used in accordance with the terms of this Agreement would not otherwise infringe any third party intellectual property rights. This section provides the exclusive remedy for any infringement claims or damages.

Warranty Disclaimers and Liability Limitations

Monyog, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither Webyog nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, Monyog. Neither Webyog nor any of its affiliates or licensors warrant that the operation of Monyog will be uninterrupted or error-free. You acknowledge that good data processing procedure dictates that any program, including Monyog, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of Monyog covered by this License. This disclaimer of warranty constitutes an essential part of this License.

For any breach of the above warranties, your exclusive remedy and Webyog’s entire liability shall be: (a) the correction of program errors that caused breach of the warranty; or, if Webyog cannot substantially correct such breach in a commercially reasonable manner, you may end your program license and recover the fees paid to Webyog for the program license and any unused, prepaid technical support fees you have paid for the program license. 

Except to the extent expressly prohibited by applicable statutes, Webyog, its affiliates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use, Monyog. Any liability of Webyog, its affiliates or licensors will be limited exclusively to refund of any license or registration fee paid to Webyog. Notwithstanding anything to the contrary, except to the extent expressly prohibited by applicable statutes, in no event shall Webyog, or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of Monyog, or to your relationship with, Webyog, its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages.

In addition, in no event does Webyog authorize you or anyone else to use Monyog in applications or systems where Monyog's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at your own risk, and you agree to hold Webyog, its affiliates or licensors harmless from any and all claims or losses relating to such unauthorized use.

Export

Export laws and regulations and other relevant local export laws and regulations apply to Monyog. You agree that such export control laws govern your use of Monyog (including technical data) provided under this Agreement, and you agree to comply with all such export laws and regulations (including “deemed export” and “deemed re-export” regulations). You agree that no data, information, program and/or materials or direct product thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology. 

Audit

Upon seven (7) days written notice, Webyog may audit your use of Monyog. You agree to cooperate with Webyog’s audit and provide reasonable assistance and access to information. Any such audit shall not unreasonably interfere with your normal business operations. You agree to pay within thirty (30) days of written notification any fees applicable to your use of Monyog in excess of your license rights.  If you do not pay, Webyog can end your technical support, licenses and/or this Agreement. You agree that Webyog shall not be responsible for any of your costs incurred in cooperating with the audit.