Last Updated: 11/5/2021
THIS END USER LICENSE AGREEMENT THIS IS A LEGAL BINDING AGREEMENT. PLEASE READ IT CAREFULLY.
By clicking "I agree," installing, copying, or otherwise using any part of the Software or any associated media, any printed materials, or any online or electronic documentation, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, promptly return the Software prior to installation and within 45 days of purchase for a full refund.
GIBRALTAR LOUPE (the "Software") and accompanying documentation is licensed and not sold. This Software is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Gibraltar Software, Inc. (formerly eSymmetrix, Inc.), a Maryland corporation, or its suppliers, owns the title, copyright, and intellectual property rights in the Software. The Licensee's ("you" or "your") license to download, use, copy, or change the Software is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement"). All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by Gibraltar Software.
The Software, GIBRALTAR LOUPE, consists of three components with differing license terms. These components are called LOUPE AGENT and LOUPE DESKTOP and LOUPE SERVER.
LOUPE AGENT may be installed and used on an unlimited number of computers. You may also freely redistribute LOUPE AGENT to other organizations as part of Softwares produced or sold by your organization.
LOUPE DESKTOP may be installed and used on an unlimited number of computers. You may also freely redistribute LOUPE DESKTOP to other organizations as part of Softwares produced or sold by your organization.
LOUPE SERVER is offered as a licensed product. Each computer where LOUPE SERVER is installed requires a valid license that covers the version of LOUPE SERVER being installed. There are three types of licenses available for LOUPE SERVER:
1. PER-COMPUTER LICENSE: Permits installation on a set number of computers at any time.
2. PER-COMPUTER TERM-LIMITED LICENSE: Permits installation on a set number of computers until a specified termination date.
3. OEM LICENSE: Permits installation on an unlimited number of computers of any version of LOUPE SERVER shipped before a specified termination date.
Any PER-COMPUTER LICENSE or PER-COMPUTER TERM-LIMITED LICENSE purchased by a corporation or entity other than an individual may only be assigned to individuals that are employed by or on contract to that entity or organization. Any LICENSE purchased under the Gibraltar Software MicroISV Program is subject to additional restrictions which are incorporated herein by reference.
In addition, you may make archival copies of the Software. The archival copies may only be used for the reinstallation of the Software.
The PER-COMPUTER LICENSE or PER-COMPUTER TERM-LIMITED LICENSE rights granted under this Agreement may be limited to the first thirty (30) days after you first install the Software unless you supply information required to activate your licensed copy in the manner described during the setup sequence of the Software. You will need to activate the Software through the use of the Internet. You may also need to reactivate the Software if you modify your computer hardware, alter the Software, or install the Software on another computer. Product activation is based on the exchange of information between your computer and Gibraltar Software. The information gathered is used solely for the purposes of uniquely identifying the computer where the product is being run and to provide the license holder with tracking information. No data collected during this process will be shared by Gibraltar Software with any third party except you.
The OEM LICENSE rights granted under this Agreement do not perform product activation and do not require use of the Internet.
There are technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that Gibraltar Software may use those measures and you agree to follow any requirements regarding such technological measures.
You may use the PER-COMPUTER LICENSE or PER-COMPUTER TERM-LIMITED LICENSE for your own personal or internal business purposes. You may not use the OEM LICENSE for your own personal or internal business purposes with the exception of activities necessary to test and validate the installation and deployment of the OEM LICENCE. Personal or internal business purposes includes the installation of the Software and activation on one or more personal computers, servers, or virtual servers.
You may reassign/migrate the PER-COMPUTER LICENSE or PER-COMPUTER TERM-LIMITED LICENSE to a different device owned, leased, or rented by you subject to Gibraltar Software’s approval in its reasonable discretion, provided that you completely uninstall or delete the Software from any personal computer, server, virtual server, or other device on which the Software was previously installed. Gibraltar Software the right to require, in its reasonable discretion, reauthorization, re-registration, or another form of authentication at no additional charge to enable reassignment of the Software, and may disable the related License Key and/or access to the Software Feature Selections if it determines, in its sole discretion, that such reassignment is prohibited by the terms of this EULA or constitutes fraud.
You may assign an OEM LICENSE to any computer used as part of Softwares produced or sold by your organization. An OEM LICENSE permits installation of any version of LOUPE SERVER published prior to the expiration date of the OEM LICENSE, regardless of when the installation is made.
Without first obtaining the express written consent of Gibraltar Software, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software.
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software.
You may not modify the Software or create any derivative work of the Software or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software other than configuration files and sample programs provided as part of the documentation included with the Software.
Licensee may not use Software to create products, technologies, software applications, web services in whole or in part, that directly compete with this Software. Competes is defined as creating or distributing software or services that provide similar or same functionality as this Software. This includes writing software that exposes all or part of the Software API. Gibraltar Software reserves the right to revoke all rights and license privileges of Licensee immediately upon any such infringement. Upon notice of infringement, Licensee agrees to immediately destroy all copies of Software and remove Software and references to Software from all products, technologies and software applications.
For a period of 45 days from the date you purchase this license to the Software, Gibraltar Software warrants that when properly installed and used under normal conditions, the Software will perform substantially as advertised.
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY GIBRALTAR SOFTWARE, GIBRALTAR SOFTWARE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Gibraltar Software makes no warranty that the Software will meet your requirements or operate under your specific conditions of use. Gibraltar Software makes no warranty that operation of the Software will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. EXCEPT AS SET FORTH HEREIN, YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE TO MEET YOUR REQUIREMENTS. GIBRALTAR SOFTWARE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY, ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO THE OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF EITHER PARTY, EVEN IF SUCH PARTY IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS A PARTY'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
If Gibraltar Software is unable to provide a replacement or substitute Software or corrections to the Software, your sole alternate remedy shall be a refund of the purchase price for the LICENSE exclusive of any costs for shipping and handling. You may request a refund of the purchase price of the LICENSE at any time and for any reason or no reason within the warranty period. Upon receiving a refund this license is revoked and all installed copies of the Software must be uninstalled and deleted.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Gibraltar Software and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by Gibraltar Software with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the LICENSE.
All limited warranties on the Software are granted only to you and are non-transferable. You agree to indemnify and hold Gibraltar Software harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
This Agreement is governed by the laws of Maryland, without regard to Maryland's conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
All questions concerning this EULA shall be directed to: Gibraltar Software, Inc., 4 Valleywood Ct, Timonium, MD 21093, Attention: General Counsel.
Gibraltar Software and other trademarks contained in the Software are trademarks or registered trademarks of Gibraltar Software, Inc. in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use Gibraltar Software's or its licensors' names or any of their respective trademarks.