This license only applies to the evaluation version of MONyog. If you do not have an evaluation version of MONyog, see the section titled License for Registered Users. Your Agreement to this License This License only applies to the executable code for the English-language version of the MONyog software and any accompanying distributable files, data and materials. You should carefully read the following terms and conditions before using, installing, copying, distributing, or transmitting this software. By using, installing, copying, distributing, or transmitting MONyog without registering your copy of MONyog, you agree to all of the terms of this evaluation license agreement ("License"). Refer to www.webyog.com for information about pricing, multi-server licensing, and registration options. Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not use, install, copy, distribute, or transmit MONyog. Scope of License MONyog is not free software. Subject to the terms below, you are hereby licensed by Webyog Softworks Private Limited ("Webyog") to use for evaluation purposes only one (1) copy of MONyog, on one (1) computer or workstation, to monitor two (2) servers, without charge, for a period of 30 days after you first install MONyog on any computer or workstation. If you want to use this software after the 30-day evaluation period, you must acquire from Webyog for a fee a single-server license or multi-server license for MONyog. Refer to www.webyog.com for information about license pricing, multi-user licensing, and ordering options. Use of MONyog after the expiration of the 30-day evaluation period without acquiring such a license from Webyog is outside the scope of this License and a violation of international copyright laws. Subject to all of the terms of this License, you may, without making any payment to Webyog: 1. give exact copies of MONyog Trial personally and without charge of any kind to anyone for evaluation purposes only, subject to the terms of this License, using tangible media of any kind or via e-mail (but not in a bulk mailing or through unsolicited bulk e-mails); 2. distribute exact copies of MONyog Trial for evaluation purposes only, subject to the terms of this License, if done exclusively by allowing downloads through the public Internet and without charge of any kind; and 3. make as many exact copies of MONyog Trial as you wish, for purposes of distribution as described in (a) and (b) above. For purposes of the foregoing, an "exact copy" of MONyog means a file that is identical, at the time you create the copy, to the MONyog distribution file available at http://www.webyog.com. You are specifically prohibited from charging, or requesting donations, for any distributed copies, however made, or from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from Webyog. Also, you are specifically prohibited from charging, or requesting donations, for providing access to any hyperlink or other method that allows a user to create or transfer electronically copies of MONyog. Webyog reserves the right to revoke any or all distribution rights at any time, for any or no reason. All rights of any kind in MONyog which are not expressly granted in this License are entirely and exclusively reserved to and by Webyog. MONyog is protected by applicable national and international laws and treaties. You may not rent, lease, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, MONyog, in whole or in part, nor permit anyone else to do so. You may not make access to MONyog available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of MONyog. Warranty Disclaimers and Liability Limitations MONyog, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither Webyog nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, MONyog. Neither Webyog nor any of its affiliates or licensors warrant that the operation of MONyog will be uninterrupted or error-free. You acknowledge that good data processing procedure dictates that any program, including MONyog, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of MONyog covered by this License. This disclaimer of warranty constitutes an essential part of this License. Except to the extent expressly prohibited by applicable statutes, Webyog, its affiliates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use, MONyog. Any liability of Webyog, its affiliates or licensors will be limited exclusively to refund of any license or registration fee paid to Webyog. Except to the extent expressly prohibited by applicable statutes, in no event shall Webyog, or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of MONyog, or to your relationship with, Webyog, its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages. In addition, in no event does Webyog authorize you or anyone else to use MONyog in applications or systems where MONyog's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at your own risk, and you agree to hold Webyog, its affiliates or licensors harmless from any and all claims or losses relating to such unauthorized use.