sMonitor is a network monitoring software that allows you to verify the network connectivity of TCP/IP hosts on the Internet and LAN. The program periodically pings, or checks TCP and UDP ports on user specified computers or other network devices. If the destination host fails to reply to a ping, connection request, or user datagram, sMonitor alerts you using audible alarms, visible notifications, e-mail messages, third-party software, modem and telnet connections. Also, the program generates log files, CSV format files, creates and uploads by FTP the HTML file, which reflects a current status. Based on test results, the program can operate remote systems (power management, reboot, alarm reporting) by modem and telnet using custom scripts. sMonitor can run as standard Windows application or NT service.
sMonitor 4.1 Build 1250
END-USER LICENSE AGREEMENT
sMonitor 4.1
Copyright (c) 1999-2005 by Alexander Yarovy. All Rights Reserved.
IMPORTANT READ CAREFULLY:
This End-User License Agreement (EULA) is a legal agreement between you (either an individual or
a single entity) and THE AUTHOR for the software product identified above, which includes computer
software and associated media and printed materials (if any), and may include online or electronic
documentation (SOFTWARE PRODUCT or SOFTWARE). By installing, copying, or otherwise using
the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to
the terms of this Agreement, you are not authorized to use the SOFTWARE PRODUCT.
Copyright laws and international copyright treaties, as well as other intellectual property laws and
treaties protect the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold.
GRANT OF LICENSE
This EULA grants you the following rights:
USE AND COPY
THE AUTHOR grants to you the right to use a validly licensed copy of sMonitor. You may install and
execute sMonitor on no more than ONE machine per valid license. You may make other copies of the
SOFTWARE PRODUCT for backup and archival purposes.
RESTRICTIONS
(Shareware - Unregistered Version)
Unregistered versions of the SOFTWARE PRODUCT may be used for a period of not more than 30 days.
After 30 days, you must either stop using the SOFTWARE PRODUCT, or purchase a validly licensed copy
or purchase a legal registration key / serial-number.
You must maintain all copyright notices on all copies of the SOFTWARE PRODUCT.
You may not sell copies of the SOFTWARE PRODUCT to third parties without express written consent
of THE AUTHOR and under THE AUTHOR\'s instruction.
EVALUATION copies may distributed freely without charge so long as the SOFTWARE PRODUCT remains
whole including but not limited to existing copyright notices, installation and setup utilities, help files,
licensing agreement, run-time libraries, etc. and DOES NOT CONTAIN either valid serial numbers or illegal
serial numbers. In executing such an act, or similar copyright or license violation, to the maximum extent
permitted by applicable law you may be held liable for loss of revenue to THE AUTHOR or THE AUTHOR\'s
representatives due to loss of sales or devaluation the SOFTWARE PRODUCT or both.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only
to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent or lease the SOFTWARE PRODUCT or the functionality of, or benefits derived from,
the use of the SOFTWARE PRODUCTS, including but no limited to levy of a fee for system monitoring
services using sMonitor without the express written consent of the AUTHOR.
You may permanently transfer all of your rights under this EULA only in conjunction with a permanent
transfer of your validly licensed copy of the product(s).
You must comply with all applicable laws regarding the use of the SOFTWARE PRODUCT.
TERMINATION
THE AUTHOR may terminate this EULA if you fail to comply with the terms and conditions of this EULA.
In such event, you must destroy all copies of the SOFTWARE PRODUCT.
COPYRIGHT.
All title and copyrights and intellectual property rights in and to the SOFTWARE PRODUCT and any copies
thereof are owned by THE AUTHOR.
REGISTRATION KEY CODE COPYRIGHT NOTICE
The registration key received used to deactivate the time limiting trial period is NOT public. Any public
display or public transfer of this key will be considered a direct and willingful violation of this EULA and
to the maximum extent permitted by applicable law you may be held liable for loss of revenue to THE
AUTHOR or THE AUTHOR\'s representatives due to loss of sales or devaluation the SOFTWARE
PRODUCT or both.
NO WARRANTY.
ANY USE OF THE SOFTWARE PRODUCT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, THE AUTHOR DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
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LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF THE AUTHOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATION AND RELEASE OF LIABILITY. The SOFTWARE was provided to you at no charge and
THE AUTHOR has included in this EULA terms that disclaim all warranties and liability for the SOFTWARE.
To the full extent allowed by law, YOU HEREBY RELEASE THE AUTHOR AND ITS SUPPLIERS FROM ANY
AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS
USE. If you do not wish to accept the SOFTWARE under the terms of this EULA, do not install the
SOFTWARE. No refund will be made because the SOFTWARE was provided to you at no charge.
MISCELLANEOUS
Should you have any questions concerning this EULA, or if you desire to contact THE AUTHOR for
any reason, please send E-Mail to: support@yarovy.com.
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