End-User License Agreement - NetMotion Software Inc - Police and Fire Laptop Connectivity

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NETMOTION SOFTWARE, INC. END -USER LICENSE AGREEMENT FOR NETMOTION MOBILITY, NETMOTION DIAGNOSTICS, NETMOTION MOBILE IQ AND NETMOTION MOBILE IQ APP FOR SPLUNK IMPORTANT - READ CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE: This NetMotion Software, Inc. End -User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and NetMotion Software, Inc. ("NetMotion") for the enclosed NetMotion Software products, which includes computer software object code, source code, and associated documentation ("Software"). The terms of this EULA apply to your use of the Software, whether your use is (i) time -limited for "evaluation" purposes ("Evaluation License"); (ii) a subscription for a certain time period ("Subscription License"); (iii) a subscription for a certain time period utilizing NetMotion hosting services ("Subscription Hosted License"); or (iv) a long-term ("Permanent License"). The Software also includes any updates and supplements to the original Software provided to you by NetMotion during the term of your license. Any Third -Party Software provided along with the Software that so requires is licensed to you under the terms of that license agreement as more fully described below. By installing, copying, downloading, accessing or otherwise using the Software, OR WHERE APPLICABLE, BY EXECUTING THIS AGREEMENT BELOW, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not use or install the Software. If you have purchased the Software, promptly return the Software and all accompanying materials with proof of purchase to your place of purchase for a refund. 1. SOFTWARE LICENSE. The Software is confidential and protected by United States and international patent and copyright laws and treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold, to you, and NetMotion, its suppliers, and licensors retain and reserve all rights not expressly granted herein. 2. LICENSE GRANT. 2.1. NetMotion Invoice. The Terms contained in the quotation and/or invoice issued by NetMotion or its authorized Resellers, and in any purchase order issued by you and accepted by NetMotion (hereinafter collectively "NetMotion Invoice"), are hereby incorporated by reference solely for the purpose of identifying the quantity and type of client and server licenses and modules purchased, the level of maintenance and support to be provided, the rate at which such products and services shall be paid and the payment terms applicable to the licensing of such Software and services. The NetMotion Invoice to you identifies which of the following License Grants apply to you: 2.2. Grant of Evaluation License. NetMotion grants you a limited, royalty -free, non- transferable, non-exclusive, license to install and use the Software as an integrated product provided that you comply with the terms and conditions of this EULA. At the conclusion of the evaluation period, you shall be permitted to elect to receive either a Subscription License, Subscription Hosted License, or a Permanent License, whereupon, upon payment by you to NetMotion or its authorized Reseller as provided herein, this EULA shall continue to apply to you in full force and effect with respect to the license you have selected. 2.3. Grant of Subscription License. Upon receipt of payment by NetMotion or its authorized Resellers, as provided herein, if the NetMotion Invoice indicates that you are receiving a Subscription License, NetMotion grants you a limited, royalty -bearing, non -transferable, non-exclusive, license to install and use the Software as an integrated product provided that you comply with the terms and conditions of this EULA. The Subscription License shall run for the time period set forth in the NetMotion Invoice (hereinafter "Subscription Term") and shall be renewable as set forth therein. If you do not purchase a renewal for your Subscription License prior to the expiration of the Subscription Term, your Subscription