RecordTS End User License Agreement
RecordTS END-USER LICENSE AGREEMENT
AGREEMENT VERSION 1.0
IMPORTANT-READ CAREFULLY: This RecordTS End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and TSFactory LLC ("TSFactory"), for the SOFTWARE(s) identified above, which includes the User's Guide, any associated SOFTWARE components, any media, any printed materials other than the User's Guide, and any "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE. If the SOFTWARE was mailed to you, return the media envelope along with the rest of the package to the location where you obtained it within 15 days from purchase.
1. DEFINITIONS
"non-commercial entity" is defined as any individual, educational institution, charity or humanitarian organization.
"commercial entity" is defined as any corporation registered or otherwise that derives or attempts to derive substantial commercial and monetary gain and benefit from its efforts and endeavors. This includes all Government and Military entities.
"educational use" means the use of RecordTS for educational purposes in a non-commercial institution.
"Licensed version" means a version of RecordTS that has been licensed for use by a "commercial or non-commercial entity".
Licensed version is not free and you are not allowed to distribute it in any ways.
"license" means the license you own. If you haven't bought a license (i.e. the licensed version) you are bound by the restrictions of an unlicensed version, if such version exists.
"license agreement" means this document. This license agreement is a legal agreement between you (individual or a legal entity) and TSFactory.
2. The SOFTWARE is licensed, not sold.
3. GRANT OF LICENSE.
1. Evaluation
A commercial entity may use the Software without charge for thirty (30) days from the day that you install the Software. You must pay the license fee and register your copy to continue to use the Software after the thirty (30) day evaluation period. To pay the license fee and register your copy, you should visit www.TSFactory.com or an authorized sales agent.
2. Licensed version
When you purchase a license you will be provided with a license key. You should enter the license key as prompted by the Software. The licensed Software may be used by the number of concurrent users per single server as indicated in your license key and on our invoice.
There are two (2) basic types of licenses issued for RecordTS, these are:
a. A SINGLE user license. The user purchases a single license for the use of RecordTS by a single user on a single computer.
The best example is a user running Windows XP Professional, accessing that machine remotely and willing to record all activities performed on such machine.
b. A MULTIPLE user license. The user purchases a single server license for the use of RecordTS, by the purchaser or the purchaser's employees. The license can be used by the number of users the license was issued to.
The most common examples here are terminal servers (for multiple concurrent users) and regular Windows servers with Remote Administration (or Remote Desktop) enabled.
For Terminal Servers RecordTS is licensed for unlimited users, one license per server required.
For all other servers with Remote Administration or Remote Desktop enabled, due to its two (2) concurrent administrator users limitation, RecordTS is limited to two (2) concurrent users as well. One license per server is therefore required.
4. DISTRIBUTION. You are NOT licensed to make copies of the SOFTWARE as you wish; give copies of the original SOFTWARE to anyone; and distribute the SOFTWARE in any form (modified/unmodified) via electronic means (Internet, BBS's, Shareware distribution libraries, CD-ROMs, etc.).
5. RESTRICTIONS. You may not reverse engineer, de-compile, or disassemble the SOFTWARE. You may not rent, lease, or lend the SOFTWARE. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. You must not use the SOFTWARE for any illegal purpose.
6. SUPPORT SERVICES. TSFactory provides you with support services related to the SOFTWARE. Use of Support Services is governed by TSFactory policies and programs described in the user manual, in online documentation, and/or other materials provided by TSFactory, as they may be modified from time to time. Any supplemental SOFTWARE code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to TSFactory as part of the Support Services, TSFactory may use such information for its business purposes, including for product support and development. TSFactory will not utilize such technical information in a form that personally identifies you.
7. TERMINATION. Without prejudice to any other rights, TSFactory may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE.
8. COPYRIGHT. The SOFTWARE is protected by copyright laws and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of TSFactory and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
9. NO WARRANTIES. TSFactory expressly disclaims any warranty for the SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL TSFactory OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF TSFactory HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, TSFactory'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF U.S.$1.00 OR LICENSE FEE PAID BY YOU.
11. MISCELLANEOUS. Should you have any questions concerning this EULA, or if you desire to contact TSFactory for any reason, please contact by electronic mail at: support@TSFactory.com.
RecordTS Privacy Policy
WEB SITE/FORUMS
When you browse our web site, download our software, or participate in our online forums, your ip address, the time and duration of your visit, the web browser you are using, and the pages you view are logged. This information is used to compile statistical reports about how you use our web site and ultimately used to improve your browsing experience. If you choose to register for our forums, a valid email address is required, but all other information is optional. Our forums are moderated, and we reserve the right to remove any post we deem inappropriate, and any user account being used inappropriately. The purpose of our web site and forums is to provide the best support possible to our valued customers.
SOFTWARE
LICENSED VERSION
If you choose to license products from TSFactory, some personal information is required to complete the purchase. Information such as your name/company, address, email address and billing information like your credit card number is collected. All methods of purchase are ssl encrypted and detailed information can be obtained from the web site at time of purchase. Your personal information
is securely stored, and is never given out to anyone, or used by us for anything other than a purchase record.
FRAUD/PIRACY
We aim to keep your information safe. Credit card fraud, identity theft and software piracy will not be tolerated. We may release any information necessary to comply with the law, protect our software licenses, and foremost to protect our valued customers. We will also work with law enforcement and fraud/credit agencies to ensure the safety of your information.