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By clicking the “ACCEPT TERMS AND CONDITIONS” box during the download, installation, or activation of the Software, you represent that you have read, understood, and agree to be bound by the terms and conditions of this AzureOps Solutions, Non-Commercial Evaluation Agreement (this “License”). If you do not accept these terms and conditions, you are not granted a license and are not authorized to access, download, install, or use the Software.

1 Definition

“Evaluator” (or “you”) means the individual who or entity that accepted and agreed to be bound by the terms and conditions of this License.

“Software” means the software products, including associated documentation, made available to you for download from this website and licensed to you by AzureOps according to this License.

2 Right and title to the Software

Except to the extent otherwise provided under any open source licenses, as referred to under section 3 below, the following applies.

Title and all rights of ownership to the Software and all copies of all or any part thereof are and remain with AzureOps Solutions and/or other parties, from now on referred to as ”Other Owners,” to whom AzureOps has obligations to protect such title and ownership rights.

3 Open-source Software
Specific Software or components thereof are available from AzureOps Solutions under the terms of various open-source licenses (the “Open Source Software”), which licenses apply instead of the terms under sections 4 – 7 below. The copyright holders of the Open Source Software and the licenses to which the Open Source Software is subject are listed in the open source license terms list (the “Open Source Terms List), included in the Software installation media, and/or in the source code files. The Open Source Software licenses listed in the Open Source Terms List and/or in the source code files are now incorporated into this License by reference.

You are solely responsible for ensuring that the Open Source Software is not used outside of any limits stated and that you comply with the terms and conditions of the Open Source Software licenses. Updated Open Source Terms Lists may be issued for each new version of the Software. You are solely responsible for reviewing and complying with new versions if you adopt Software updates.

4 License
Subject to the terms and conditions of the Agreement, AzureOps Solutions, at this moment, grants permission to install the software on one server or computer. The server or computer, however, can have multiple user accounts that would like to use it. The licensed copy (after activation) is non-transferable to any other computer or server. The existence and validity of the license after activation is subject to the licensed server’s and operating system’s existence.

License editions

FOR CLARIFICATION AND AVOIDANCE OF ANY DOUBT, THIS LICENSE DOES NOT AUTHORIZE YOU TO USE THE SOFTWARE FOR RESALE PURPOSES.

5 Software updates
AzureOps offers free software updates that are readily available on the Visual Studio marketplace. If you installed this tool as Visual Studio extension, these updates will be automatically shipped to you. However, if you do not have extensions, you can download the updates from the marketplace anytime. It’s important to note that software feature requests or bug fixes are not included in the free updates.

6 Prohibited use

You may not and will not authorize others to:

Decompile, disassemble, decrypt, extract, unbundle, translate, or otherwise attempt or assist others in reversing engineer any part of the Software except as permitted by an open-source license applying to a specific part of the Software, or except to the extent that AzureOps is expressly precluded by mandatory law from prohibiting these activities. Except for published source code files that AzureOps expressly identifies as open-source software, the Software IS NOT OPEN SOURCE;
Alter, remove, or cover any trademark, logo, proprietary or licensing notices, labels, or marks in or on any part of the Software;
Alter or modify the Software;
Sub-license, assign, or otherwise transfer the Software to any third party;
Make copies of the Software, except one copy for internal backup purposes or
Reveal any benchmark results obtained with the Software to any other individual or third party.

7 Confidentiality and Security
You acknowledge and agree that the Software constitutes confidential information.

You agree to (i) use the Software only as necessary to achieve the Purpose, (ii) maintain Software in secure premises to prevent any unauthorized person from obtaining any part thereof, and (iii) protect the Software by using the same degree of care as you use to protect your confidential information of like nature, but no less than reasonable care, to prevent the unauthorized dissemination or publication and unauthorized use of the Software.

8 Disclaimer of warranty and limitation of liability
THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES THAT THE SOFTWARE IS FREE FROM DEFECTS, VIRUS-FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AZUREOPS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF OR RELATING TO ANY USE OR INABILITY TO USE SOFTWARE, EVEN IF AZUREOPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR CLAIM.