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Latest Release:
VERSION 3.1.0 RC1
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Released on
13 NOVEMBER 2005
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HOME DOWNLOADS EULA

NOC Wizard Management System
Software License Agreement
By downloading and using this software you agree to this EULA
------------------------------------

END USER LICENSE AGREEMENT FOR
NOC Wizard: MANAGEMENT SYSTEM SOFTWARE PRODUCT

Notice to User:

This End User License Agreement (EULA) is a CONTRACT between you (either an
individual or a single entity) and NOC Wizard ("NOC Wizard"),
which covers your use of the NOC Wizard software product that accompanies
this EULA and related software components, which may include associated media,
printed materials, and "online" or electronic documentation. All such software
and materials are referred to herein as the "Software Product." A software
license, issued to a designated user only by NOC Wizard or its authorized
agents, is required for each user of the Software Product. If you do not agree
to the terms of this EULA, then do not install or use the Software Product or
the Software Product License. By explicitly accepting this EULA, however, or by
installing, copying, downloading, accessing, or otherwise using the Software
Product and/or Software Product License, you are acknowledging and agreeing to
be bound by the following terms:

1. GRANT OF NON-EXCLUSIVE LICENSE.

(a) Software Product License. The Software Product License, which is issued to
a designated user, enables such designated user to use the Software Product on
a single computer system. You may not modify or create derivative copies of the
Software Product License.

(b) Grant of License. Subject to a validly issued Software Product License,
NOC Wizard grants to you the non-exclusive, non-transferable right for you
to use the Software Product on a single computer running a validly licensed
copy of the operating system for which the Software Product was designed. You
may not modify or create derivative copies of the Software Product. All rights
not expressly granted to you are retained by NOC Wizard.

(c) Backup Copy: Software Product. You may make copies of Software Product as
reasonably necessary for the use authorized above, including as needed for backup
and/or archival purposes. No other copies may be made. Each copy must reproduce
all copyright and other proprietary rights notices on or in the Software Product.

(d) Backup Copy: Software Product License. You may install each Software Product
License on a single computer system and make copies of the Software Product
License as necessary only for backup and/or archival purposes. No other copies
may be made. Each copy must reproduce all copyright and other proprietary rights
notices on or in the Software Product License.

2. INTELLECTUAL PROPERTY RIGHTS RESERVED BY NOC Wizard.

The Software Product is protected by U.S. and international copyright laws and
treaties, as well as other intellectual property laws and treaties. You must not
remove or alter any copyright notices on any copies of the Software Product. This
Software Product copy is licensed, not sold. Furthermore, this EULA does not grant
you any rights in connection with any trademarks or service marks of NOC Wizard.
NOC Wizard reserves all intellectual property rights, including copyrights,
and trademark rights.

3. NO RIGHT TO TRANSFER.

You may not rent, lease, lend, or in any way distribute or transfer any rights
in this EULA or the Software Product to third parties without NOC Wizard's
written approval and subject to written agreement by the recipient of the terms
of this EULA.

4. PROHIBITION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.

You may not reverse engineer, decompile, defeat license encryption mechanisms,
or disassemble the Software Product or Software Product License except and only
to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.

5. SUPPORT SERVICES.

NOC Wizard may provide you with support services related to the Software
Product. Use of any such support services is governed by the NOC Wizard
polices and programs described in "online" documentation and/or other
NOC Wizard-provided materials. Any supplemental software code or related
materials that NOC Wizard provides to you as part of the support services
is to be considered part of the Software Product and is subject to the terms
and conditions of this EULA. With respect to any technical information you
provide to NOC Wizard as part of the support services, NOC Wizard
may use such information for its business purposes without restriction, including
for product support and development. NOC Wizard will not use such technical
information in a form that personally identifies you.

6. TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS.

NOC Wizard may terminate this EULA if you fail to comply with any term
or condition of this EULA. In such event, Licensee agrees to return to Licensor
or to destroy all copies of the Software upon termination of the License.

7. NO WARRANTIES.

YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE "AS IS," AND
NOC WIZARD (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO WARRANTY
AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, NOC WIZARD (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS)
DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR
PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.

8. LIMITATION OF LIABILITY.

THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW. IN NO EVENT SHALL NOC Wizard (OR ITS THIRD PARTY SUPPLIERS AND LICENSORS)
BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR
LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY
TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF
NOC WIZARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE,
NOC WIZARD'S (AND ITS THIRD PARTY SUPPLIERS' AND LICENSORS') ENTIRE LIABILITY
ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY
PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $10.00; PROVIDED, HOWEVER, THAT IF YOU
HAVE ENTERED INTO A NOC WIZARD SUPPORT SERVICES AGREEMENT, NOC WIZARD'S
ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF
THAT AGREEMENT.

9. GOVERNING LAW; ENTIRE AGREEMENT.

This EULA is governed by the laws of the Commonwealth of Virginia, U.S.A.,
excluding the application of its conflict of law rules. The United Nations
Convention for the International Sale of Goods shall not apply. This EULA is
the entire agreement between us and supersedes any other communications or
advertising with respect to the Software Product; this EULA may be modified
only by written agreement signed by authorized representatives of you and
NOC Wizard.

10. Refund Policy

Since NOC Wizard allows you a 30 day free trial, we offer no refunds for any software purchases.

11. CONTACT INFORMATION

If you have any questions about this EULA, or if you want to contact NOC Wizard
for any reason, please direct all correspondence to:

NOC Wizard, LLC
201 Manor St.
Roanoke VA, 24019

or email: sales@nocwizard.com

 

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