PLEASE READ CAREFULLY THIS COMMUNITY EDITION LICENSE AGREEMENT (THE “AGREEMENT”) BEFORE INSTALLING, ACCESSING OR USING THE COMMUNITY EDITION OF GENIAN NAC (THE “SOFTWARE”) PROVIDED BY GENIANS, INC (THE “COMPANY”).
BY ACCEPTING THE AGREEMENT YOU ARE CONSENTING TO THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT ACCESS OR PROCEED WITH THE INSTALLATION OF THE SOFTWARE IN ANY MANNER.
- Parties: Parties to this agreement are You, the licensee between “You” and Genian NAC. If You are not acting on behalf of yourself as an individual, then “You” means your company or organization. A company or organization shall, in either case, mean a single business entity, and shall not include its affiliates or wholly owned subsidiaries.
- Software: Genian NAC software available for download from the Genians.com official web site only.
- Equipment: You owned devices or systems that Software is designed to run on or with.
Proprietary Rights and Data
- Ownership: GENIANS, INC owns all right, title and interest, including all intellectual property rights the Genian NAC Product, and all Modifications thereto (collectively, the “Genian NAC Property”). The Software is protected by the United States copyright laws and international treaty provisions
- Usage Data: You agree to allow Genian NAC to detect, collect, use, process and store diagnostic and usage related content from the devices such as computer, tablets, smartphones or any other IP-based devices. This may include, but is not limited to, IP addresses and other information like location, the type of browser and modules that are used and/or accessed (the “Usage Data”). Device platform data will be processed and used in connection with cloud-based Genian Platform Database. Usage Data does not include any personal data. Genian NAC may process Usage Data to create and compile anonymized, aggregated datasets and/or statistics about the Genian NAC products or services in order to: (a) maintain and improve the performance and integrity of Genian NAC products or services, (b) understand how you interact with Genian NAC products or services.
The company promotes the use of the Software. However, this Agreement does not grant permission to use the trade names, trademarks, service marks, or product names of Genian NAC, except as required for reasonable and customary use in describing the origin of the Software.
You shall defend or settle, at Your expense, any action brought against Genian NAC based upon the claim that any modifications to the Software or combination of the Software with products infringe or violates any third party right
Warranty and Limitation of Liability
There is no warrant for the software since the software is licensed free of charge. The software is provided “as is” without warranty of any kind express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. In no event shall Genians, Inc. or copyright holders in the software be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealing in the software.
U.S. Government End-Users: The Software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.
The company will provide you Genians services including knowledgebase, forums, online manuals available at the following website: https://www.genians.com/resources/
The company may, at its discretion, modify, suspend or terminate support at any time upon notice to you.