REMOTE UTILITIES  7
END USER LICENSE AGREEMENT

NOTICE TO USER: THIS IS A CONTRACT.  AT THE END, YOU WILL BE ASKED TO ACCEPT THIS AGREEMENT AND CONTINUE TO INSTALL OR, IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, TO DECLINE THIS AGREEMENT, IN WHICH CASE YOU WILL NOT BE ABLE TO USE, INSTALL OR OPERATE THE PRODUCT, AS DEFINED BELOW.  BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Please read this agreement before using your copy of Remote Utilities Software (the “Product”). This is a legal agreement between you and Remote Utilities LLC (the “Company”).  If you do not wish to be bound by the terms of this license agreement you must not load, activate or use the software. For purposes hereof, “you” means the individual person installing or using the Product on his or her own behalf; or, if the Product is being downloaded or installed on behalf of an organization, such as an employer, “you” means the organization for which the Product is downloaded or installed and it is represented hereby that such organization has authorized the person accepting this agreement to do so on its behalf. For purposes hereof the term “organization”, without limitation, includes any partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, labor organization, unincorporated organization, or governmental authority.

1. TERM

Subject to termination under Termination Clause below the License shall be perpetual.

2. OWNERSHIP

The Remote Utilities software is owned and copyrighted by the Company. Your license confers no title or ownership in the Product and should not be construed as a sale of any right in the Product.

3. GRANT OF LICENSE

This software is designed to run on standalone computers and computer networks. The following licenses are available for Remote Utilities:

4 FREE LICENSE
4.1 The “FREE” license is available to everyone at no cost (free). Business and personal use of the free license is allowed.
4.2 The free license allows to control the maximum of 10 (ten) remote PCs.
4.3 Using more than one free license key by an individual is prohibited.
4.4 Using more than one free license key within a business company or any other organization is prohibited.
4.5 The free license cannot be used alongside a commercial license on the same computer.

5. COMMERCIAL LICENSE
There are several types of commercial license:
5.1 The “STARTER” license allows a tech (user) to access the maximum of 20 endpoints (remote computers). This license restricts the number of concurrent techs to the number purchased.
5.2 The “MINI” license allows a tech (user) to access the maximum of 50 endpoints (remote computers). This license restricts the number of concurrent techs to the number purchased.
5.3 The “PRO” license allows a tech (user) to access an unlimited number of endpoints (remote computers). This license restricts the number of concurrent techs to the number purchased.
5.4 The "ENDPOINT" license restricts the number of endpoints (remote computers) to the number purchased. The number of concurrent techs (users) who can use the software is unlimited for this license type.
5.5 The “SITE” license allows unlimited concurrent techs (users) and unlimited endpoints (remote computers) within a company/organization.

6. SERVER AVAILABILITY FOR COMMERCIAL LICENSE USERS

Access to the Company’s web-server (relay server) may be required for some features of the Program to work. The Company will take all the possible measures to ensure the server/servers are available and operational most of the time. However, it is not possible to guarantee an uninterrupted availability. 

The Company guarantees the server availability for at least 6 months after the purchase has been made. 

7. SERVER AVAILABILITY FOR FREE LICENSE USERS

Access to the Company’s web-server (relay server) may be required for some features of the Program to work. The Company will take all the possible measures to ensure the server/servers are available and operational most of the time. However, it is not possible to guarantee an uninterrupted availability. 

The Company may restrict or cease providing the hosted service (access to relay server) for the FREE license users at any time without prior notice. 

8. INFORMATION WE COLLECT WHEN YOU USE THE PRODUCT

We may collect and process personal information described in this section to perform the contract for your use of the Product. 

8.1. When you generate a free license key

You may choose to generate a free license key and register Remote Utilities Viewer either during installation or after the installation using the built-in registration dialog ("License key storage"). In this case the Product communicates with our registration server at remoteutilities.com and collects the following information:

•	License owner. This can be your First and/or Last name, or company name, or any other information (text string) that you want to use as the license owner name.
•	Your email address.

We collect this information with the purposes of: (i) Generating a named license key for you, (ii) Send the generated license key to you via email (iii) Send your license key to you via email when you use the "Recover Lost Key" form to recover your lost license key.

8.2 When you use the Internet-ID connection

When you use the Internet-ID feature together with our public Internet-ID service (the Company’s relay server) the following information is logged on our servers:

•	Originating IP address
•	Destination IP address
•	The Internet-ID code
•	Date and time stamp

We need to collect this information: (i) to ensure the proper operation of the Product and our Internet-ID public service, including diagnosing your connectivity issues; (ii) to satisfy legal requirements in case of a criminal investigation into using the Product for malicious purposes.

Remote Utilities utilizes end-to-end encryption using industry-standard algorithms, such as TLS 1.2. and RSA+AES. We DO NOT have access to the contents of remote connection packets transmitted via our servers regardless of the license type.

8.3 When you use the MSI Configurator

When you use the MSI Configurator with the "Online" option, the program will communicate with our server in order to build and return to you the output installer file with your custom settings.

Once you have downloaded your custom installer, all the temporary files pertaining to your build are immediately deleted from our server. We DO NOT store any information related to your use of the MSI Configurator.

8.4 When you use the "Send Internet-ID to email" feature

When using the MSI Configurator you can enable the "Send Internet-ID via email" feature. This feature requires that you specify the details of the SMTP server that you want to use including your SMTP server address, account name and password. The program will use this SMTP server to  send you the Internet-ID code as well as other access credentials once you deploy the program on the remote PC. 

We DO NOT collect and store your SMTP server information when you use this feature. 

8.5 When you update the software

We DO NOT collect and store your personal information when you update Remote Utilities using the built-in program update feature.

9. COPYRIGHT

This software is protected by international copyright laws.  You may copy it only for backup purposes.  The software is licensed to you, but not sold to you. The Company grants you the non-exclusive and non-transferable license to store, load, install, execute, and display the specified version of the Product on an unlimited number of computers, workstations, personal digital assistants, 'smart phones,' mobile phones, hand-held devices, or other electronic devices for which the software was designed (each a "Client Device") exclusively for non-commercial beta-testing purposes.  The Company reserves all rights not expressly granted herein.

10. RESTRICTIONS

Except as otherwise specifically provided for in this Agreement, you may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or otherwise reduce any party of the Product to human readable form or transfer the licensed Product, or any subset of the licensed Product, nor permit any third party to do so, except to the extent the foregoing restriction is expressly prohibited by applicable law. Notwithstanding the foregoing sentence, decompiling the Software is permitted to the extent the laws of your jurisdiction give you the non-waivable right to do so to obtain information necessary to render the Software interoperable with other software; provided, however, that you must first request such information from the Company and the Company may, in its discretion, either provide such information to you (subject to confidentiality terms) or impose reasonable conditions, including a reasonable fee, on such use of the Software to ensure that the Company's and its suppliers and/or licensors proprietary rights in the Software are protected. You may not modify, or create derivative works based upon the Product in whole or in part. Any such unauthorized use shall result in immediate and automatic termination of this Agreement and the License granted hereunder and may result in criminal and/or civil prosecution. Neither Product’s binary code nor source may be used or reverse engineered to re-create the program algorithm, which is proprietary, without written permission of the Company. All rights not expressly granted here are reserved by Company and/or its suppliers and licensors, as applicable.

11. TRANSFERS

Under applicable law in your jurisdiction you may transfer your rights under this Agreement permanently to another person or entity, provided that a) you also transfer this Agreement, the Product, all accompanying printed materials, and all other software or hardware bundled or pre-installed with the Product, including all copies, Updates and prior versions, to such person or entity; b) retain no copies, including backups and copies stored on a Client Device; and c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Product. Notwithstanding the foregoing, you may not transfer pre-release, or “not for resale” copies of the Product. In no case you may permit third parties to benefit from the use or functionality of the Product via a timesharing, service bureau or other arrangement, except to the extent such use is specified in the application price list, purchase order or product packaging for the Product.

12. TERMINATION

You may terminate this License and this Agreement at any time by destroying the Product and its documentation, together with any copies in any form.

Company may terminate this License forthwith by notice in writing to you if you commit any serious breach of any term of this License and (in the case of a breach capable of being remedied) shall have failed within 30 days after receipt of a request in writing from Company so to do, to remedy the breach (such request to contain a warning of Company intention to terminate). Upon termination you will destroy or return to Company the original and all copies of the Product and will confirm in writing to Company that this has been done.

13. LIMITED WARRANTY

LIMITED WARRANTY. THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. REMOTE UTILITIES LLC DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, OR REMOTE UTILITIES WEB-SERVER (MEDIATION SERVER) WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER REMOTE UTILITIES NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF REMOTE UTILITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.

14. Beta versions

The beta versions of Remote Utilities software can be provided for open beta testing and are explicitly marked "beta" in their name on the website as well as throughout program windows and dialogs. These beta versions are believed to contain defects and their primary purpose is to obtain feedback on software performance and the identification of defects. You are advised to safeguard important data, to use caution and not to rely in any way on the correct functioning or performance of the beta versions of Remote Utilities and/or accompanying materials.

Remote Utilities LLC provides no assurance that any specific errors or discrepancies in Remote Utilities software will be corrected. By downloading, installing or using beta versions of Remote Utilities software you understand and agree that the company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, or damages for loss of profits, goodwill, use, data or other intangible losses (even if the company has been advised of the possibility of such damages). In no event will the company’s aggregate liability to you exceed the amount of licensing fees paid by you to the company for the software. These limitations and exclusions will apply notwithstanding any failure of essential purpose of any limited remedy.

© 2010-2021 Remote Utilities LLC. and its licensors. All rights reserved. The Remote Utilities and Remote Utilities logo are copyrighted and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.