SciTech Software AB
END-USER LICENSE AGREEMENT FOR
.NET Memory Profiler
This End-User License Agreement ("EULA") pertains to the .NET Memory Profiler product (called the
"Software" in this Agreement). Read the terms and conditions of this End-User License Agreement
("EULA") before installing, copying, or otherwise using .NET Memory Profiler.
This End-User License Agreement ("EULA") is a legal agreement between you, (either an individual person
or a single legal entity, who will be referred to in this EULA as "you" or "Customer"), and SciTech Software
AB ("SciTech"). By clicking "I accept", installing, copying, or otherwise using any part of the above
Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this
EULA, promptly return the unused Software to your supplier for a full refund.
1. GRANT OF NON-EXCLUSIVE, LIMITED LICENSE
The Software is licensed, not sold. Any rights not clearly and expressly granted to you under this
EULA are reserved to SciTech. Provided you have paid all applicable fees and complied with this
EULA, then SciTech grants you the following personal, perpetual (subject to termination as set forth
below), non-exclusive, non-transferable, limited rights:
a) If you have acquired a named user license, one named user is permitted to use the
software. A Named User is a specific individual designated by you to use the Software. A
Named User License may not be used concurrently on different computers. The Named
user may install a reasonable number of copies of the Software, for example on a Desktop
computer, a Laptop computer, or in a Virtual machine, provided that the specified Named
User is the only individual that uses the Software.
b) If you have acquired a site license, you may install and use the software on all computers
on a physical location (a building, or a set of buildings within 10 km of each other, that are
utilized by you), use the Software on a network in the same physical location; or copy the
Software for archival purposes, provided any copy must contain all of the original Software's
proprietary notices. Each employee at the physical location may also install the Software at
a single computer outside the physical location for their own use, e.g. a home computer or
notebook.
c) If you have acquired an enterprise license, you may install and use the software on all
computers owned by you; or copy the Software for archival purposes, provided any copy
must contain all of the original Software's proprietary notices. Each employee may also
install the Software at a single computer not owned by you for their own use, e.g. a home
computer or notebook.
d) You may not decompile, disassemble, extract or otherwise reverse engineer any of the
Software. You shall not have the right to obtain or use any source code for the Software,
nor copy, reproduce, or distribute the Software except as provided above. You agree not
to rent, lease, or loan the Software. You may not make any commercial use of the Software
code except as expressly permitted under this Agreement.
2. COPYRIGHT
The Software and documentation is copyrighted by SciTech. SciTech's copyrights include, but are
not necessarily limited to © 2002-2020 SciTech Software AB. All Rights Reserved. Making
unauthorized copies is prohibited by law. No part of the software or documentation may be
reproduced, transmitted, transcribed, stored in a retrieval system or translated into any human or
computer language without prior written permission of SciTech.
3. WARRANTY, REMEDY, AND LIMITATIONS
A. SCITECH GRANTS YOU A LIMITED WARRANTY THAT THE SOFTWARE WILL
PERFORM IN SUBSTANTIAL ACCORDANCE WITH THE ACCOMPANYING USER
MANUAL FOR NINETY (90) DAYS FOLLOWING YOUR RECEIPT OF THE SOFTWARE.
THIS IS YOUR ONLY WARRANTY.
B. SCITECH'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM
YOU MAY HAVE AGAINST SCITECH SHALL BE, AT SCITECH'S OPTION, (I) RETURN
OF AMOUNTS PAID FOR THE APPLICABLE SOFTWARE; OR (II) REPAIR OR
REPLACEMENT OF SOFTWARE WHICH DOES NOT MEET THE ABOVE LIMITED
WARRANTY; PROVIDED YOU RETURN THE SOFTWARE TO SCITECH.
UNLESS OTHERWISE STATED ABOVE, THE SOFTWARE AND THE DOCUMENTATION SOLD WITH
THIS PUBLICATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF THE USE OR
PERFORMANCE OF THIS SOFTWARE REMAINS WITH YOU. IN NO EVENT WILL SCITECH OR ANY
OF ITS SUPPLIERS BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, , INCIDENTAL OR
INDIRECT DAMAGES, OR OTHER ECONOMIC OR CONSEQUENTIAL DAMAGES, EVEN IF THEY
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SCITECH RESERVES THE
RIGHT TO MODIFY THIS DOCUMENT AT ANY TIME WITHOUT OBLIGATION TO NOTIFY ANYONE.
IN NO EVENT SHALL SCITECH'S OR ITS SUPPLIERS' LIABILITY UNDER THIS AGREEMENT EXCEED
THE SUM OF ANY AMOUNTS PAID HEREUNDER BY YOU TO SCITECH OR THE SUPPLIER.
4. TERMINATION
The license will terminate automatically if you fail to comply with the terms, conditions, or limitations
contained in this EULA, including the payment of applicable license or other fees. On termination,
you shall, at SciTech's option, either return to SciTech or destroy all copies of the Software and
documentation. Otherwise, this EULA shall remain in force until terminated. You may terminate
this EULA at any time (with no obligation on the part of SciTech) by destroying all copies of the
Software, deleting any copies of the Software from your hard drives, ceasing all use of the Software
and documentation; and providing satisfactory proof to SciTech that you have done so. The
disclaimer of warranty and limitations on liability contained in Section 3 shall continue in force even
after your rights to use the Software are terminated.
5. DISTRIBUTABLE CODE
The software includes additional components that are made available as NuGet packages and
separate downloads (listed below). You are permitted to freely use and distribute code in the listed
packages and downloads.
• SciTech.MemProfilerApi
• SciTech.NmpCore.Task
• SciTech.NmpDataCollector
• NmpCore
6. DEMO OR EVALUATION VERSIONS
If SciTech designates the Software as a “Demo”, “Trial”, or “Evaluation” version, then you may use
the Software for Evaluation purposes only and test whether it meets your requirements. The
Software is equipped with a mechanism that prevents the usage of the Software after a certain
period of time has elapsed. You agree that you will delete the Software from all computers systems
to which you have installed it when this date has been reached, or purchase a license to allow you to
continue using the Software. You acknowledge that any Demo or Evaluation version is merely a
technology demonstration that may not be at the level of performance or compatibility of generally
available SciTech products. Demo or Evaluation versions are provided strictly on an "as is" basis
and are subject to Section 3, above.
7. INFRINGEMENT
SciTech shall indemnify and hold you harmless from any claim that the Software infringes or
violates any patent, copyright, or other intellectual property right of any third party, provided you give
SciTech prompt notice of any such claim and SciTech shall have control of the defense or
settlement of any such claim. If your use of the Software is enjoined or is terminated by any
settlement of such a claim, SciTech shall either (1) procure for you the right to continue using the
Software, (2) modify the Software so that it retains substantially the same functionality but no longer
infringes, or (3) refund a prorated portion of the license fee, based on a 60 month straight line
depreciation period.