PLEASE READ THIS AGREEMENT CAREFULLY. YOU MUST REVIEW AND EITHER ACCEPT OR REJECT THE TERMS OF THIS AGREEMENT BEFORE INSTALLING OR USING THE SCRIPTS. BY CLICKING THE "I ACCEPT" BUTTON, INSTALLING OR OTHERWISE USING THE SCRIPTS, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SCRIPTS AND ON WHOSE BEHALF IT IS USED: FOR EXAMPLE, IF APPLICABLE, YOUR EMPLOYER. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL OR USE THE SCRIPTS.
This scripts license agreement (the "Agreement") is made between Netwrix Corporation, ("Netwrix") and you ("Licensee"). If you are installing or using these scripts on behalf of a company, you are representing that you have authority to download the scripts, and to bind the company to these terms, and the company is the "Licensee".
1.1 License. Netwrix is providing the scripts under a non-exclusive license with the right to copy, distribute and modify the scripts for your own business purposes.
1.2 Limitation of Remedies and Damages. BY DOWNLOADING AND USING THE SCRIPTS, LICENSEE ASSUMES FULL RESPONSIBILITY AND LIABILITY ASSOCIATED WITH USE OF THE SCRIPTS. IN NO EVENT WILL NETWRIX, ITS LICENSORS, ITS AFFILIATES, SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE TO YOU UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND DATA AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF NETWRIX OR A NETWRIX REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
1.3 Warranty Disclaimer. LICENSEE AND NETWRIX AGREE THAT THE SCRIPTS PROVIDED ARE PROVIDED "AS IS" AND UNSUPPORTED, AND THAT, NOTWITHSTANDING ANY OTHER STATEMENT TO THE CONTRARY, NETWRIX MAKES NO WARRANTY AS TO THE SCRIPTS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
1.4 Acknowledgements and Additional Limitation. LICENSEE ACKNOWLEDGES THAT THE SCRIPTS MAY REQUIRE MODIFICATION TO WORK PROPERLY IN LICENSEE’S ENVIRONMENT. IF LICENSEE DOES NOT HAVE THE REQUISITE SKILLS FOR MODIFICATION OF THE SCRIPTS, LICENSEE IS SOLELY RESPONSIBLE FOR SEEKING PROFESSIONAL ASSISTANCE.
