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.
If you have purchased a single-server license you have the right to install and use Monyog on one(1) computer or workstation to monitor one(1) server. If you have purchased a multi-server license you have the right to install a copy of Monyog on multiple computers AND monitor multiple servers up to the number of "Server Licenses" that you have acquired, as determined below.
You may not give, transfer or sell copies of Monyog to your customer(s), or any third party, in whole or in part, nor include copies of Monyog, in whole or in part, in, or with, products you sell.
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,
- if you have paid for a Single-Server Monyog License, you are deemed to have a "Single-Server" license of Monyog;
- 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.
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 can provide your clients access to your Monyog installation. However, your clients cannot install Monyog on their servers. 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. There are no restrictions on who owns the server to be monitored. This license is suitable for consultants providing remote DBA services & ISPs who monitor the health of the servers owned by clients or servers which contain data of clients.
Webyog will provide you with free upgrades for a period that begins on the purchase date and ends 365 days later. Such upgrades will include any upgrades for Monyog that are released by Webyog for general distribution to Monyog licensees during the one year period for which you are entitled to receive free upgrades. Webyog has no obligation to provide you with any upgrades that are not released for general distribution to Webyog's other licensees. Nothing in this Agreement shall be construed to obligate Webyog to provide upgrades to you under any circumstances.
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.
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. 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.