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SVS Personal Use EULA

Please read the Personal Use End User License Agreement (EULA). By clicking “Accept,” you indicate your agreement to the terms of the EULA.

If you accept the terms of the EULA, you will be presented with a zip file containing your license key and a copy of the EULA. Please keep this file in a safe place for future reference.

When using SVS, it is important that you understand how data files are handled. Otherwise you may inadvertently lose data. Please take a minute to read some documentation on this at http://www.altiris.com/juice/articles/140.asp?id=5.

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Altiris End User License Agreement for Altiris(R) Software Virtualization Solution(TM) 2.0
(Personal Use License)

This Altiris End User License Agreement (“EULA”) is a legal agreement between you and Altiris, Inc. (“Altiris”) for the licensing of software products from Altiris.

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.  IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE.  PROMPTLY RETURN THE SOFTWARE IN AN UNDAMAGED CONDITION TO YOUR SUPPLIER WITHIN 30 DAYS OF YOUR FIRST RECEIPT OF THE SOFTWARE, AND YOUR LICENSE FEE WILL BE REFUNDED.

1. SOFTWARE AND DOCUMENTATION.  “Software” means the Altiris® Software Virtualization SolutionTM 2.0 software program, together with the associated media, corresponding Documentation, technical configurations, and technical data.  “Documentation” means the end user manual and other documentation (including print and online), if any, provided to you with the Software.

2. LICENSE GRANT.  Provided you comply with all terms and conditions of this EULA, Altiris grants you a personal, non-exclusive, non-transferable, revocable and limited license to use the Software solely for personal, non-commercial use in a license count not to exceed ten Nodes (hereinafter, “Personal Use” license).  The Software shall not be used for commercial or production purposes and may only be installed on a personally owned computer that does not belong to any business or institution and is not used by or on behalf of any business or institution.  A Personal Use license expressly prohibits: (a) any direct or indirect monetary benefit from the use of the Software, (b) the use of the Software within the context of a home-based or part-time business, and (c) the use of the Software for any commercial, business, governmental, or institutional purpose (including educational and not-for-profit) of any kind.  You may not distribute or sublicense the Software in any way.

Under this EULA, a “Node” is any asset under management by the Software.  An asset is: (a) a physical device such as a computer, PDA, or server, (b) a virtual device, such as an operating environment that may be running concurrently with another operating environment on a single physical device (e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Software in a database, such object representing a physical or virtual asset for which data is being tracked or managed by the Software (e.g., printer, copier, etc.).  A Node will be deemed consumed once an asset (as defined above) has been managed by the Software product.  An asset has been managed by the Software once the Software has (i) been run locally on an asset, (ii) remotely interacted with and/or received a response from an asset, (iii) configured or changed a setting of or migrated settings to or from an asset, or (iv) otherwise performed any management functionality that such particular Software product has been designed to perform with respect to an asset.

3. COPIES.  You may make copies of the Software provided that any such copy: (i) is created as an essential step in the utilization of the Software as licensed under this EULA, or (ii) is only for archival purposes to back-up the Software.  All trademark, copyright, and proprietary rights notices must be faithfully reproduced and included by you on such copies. You may not make any other copies of the Software.

4. OTHER RESTRICTIONS.  Altiris reserves all rights not expressly granted to you.  Without limiting the generality of the foregoing, you shall not nor shall you permit any other party to: (i) disassemble, de-compile, reverse engineer, or translate any part of the Software, or otherwise attempt to reconstruct or discover the source of this Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation, or (ii) modify or create derivative works based upon the Software, or (iii) externally distribute, sublicense, resell, encumber, or otherwise transfer this Software, or (iv) rent, lease, lend, or use the Software for timesharing or bureau use, or (v) allow a third party to copy, access, or use the Software (except as expressly provided in Section 2 of this EULA), or (vi) disclose the results of any benchmark test of the Software to a third party without the prior written approval of Altiris, or (vii) take any actions that would cause the Software to become subject to any open source or quasi-open source license agreement.

5. OWNERSHIP.  You acknowledge that all title and intellectual property in and to the Software (including all copies thereof) are owned by Altiris or its licensor(s), if any.  The Software is protected by U.S. and international laws, including without limitation copyright and trademark law and international treaty provisions.  The Software is licensed to you, not sold.

6. COPYRIGHTS; TRADE SECRETS.  You acknowledge and agree that the structure, sequence, and organization of the Software (including but not limited to any technical configurations, technical data, images, photographs, animations, video, audio, music, and text) are proprietary to and are the valuable trade secrets of Altiris and its licensors.  You agree to hold such trade secrets in confidence.  Unless explicitly set forth in a written agreement executed between Altiris and you, you may not remove from the Software or alter any of the trademarks, trade names, logos, patent or copyright notices or markings, or add any other notices or markings to the Software.

7. ACTIVATION KEY.  The use of the Software may require an “activation key” from Altiris or its authorized reseller. The activation key may be a printable digital key, a non-printable file, or any other mechanism used by Altiris for license activation purposes.  You agree that you will not attempt to “hack,” “crack,” or otherwise override this activation key.

8. UPDATES.  Except as otherwise expressly provided herein, this EULA will govern any Software updates and upgrades that may be provided to you in accordance with Altiris’ then-current maintenance and support policies (including Altiris’ Annual Upgrade Protection program or “AUP” program), unless such updates and upgrades are provided under separate license agreement.  You may use such updates or upgrades only in conjunction with your then-existing Software licensed under this EULA.  The Software and all updates and upgrades are licensed as a single product and such updates and upgrades may not be separated from the Software to exceed the scope of your original license.  Any other software that may be provided with the Software that is associated with a separate end-user license agreement is licensed to you under the terms of that separate license agreement.

9. NO WARRANTIES.  THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.  ANY EXPRESS WARRANTY MADE OUTSIDE OF THIS EULA IS EXCLUDED AND SUPERCEDED.  NEITHER ALTIRIS NOR ITS LICENSORS REPRESENT OR WARRANT THAT THE SOFTWARE WILL SATISFY YOUR REQUIREMENTS OR THAT IT IS WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. Some jurisdictions do not allow certain disclaimers or limitations of warranties, so some of these may not apply to you.

10. EXCLUSION OF CERTAIN DAMAGES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE   LAW, NEITHER ALTIRIS NOR ITS LICENSORS SHALL IN ANY CASE BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, BUSINESS, OR DATA, COSTS OF COVER, OR EQUIPMENT DOWNTIME ARISING FROM OR RELATING TO THIS EULA OR THE USE OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION AND EVEN IF ALTIRIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  THIS DISCLAIMER OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.  Some jurisdictions do not allow certain exclusions or limitations of liability, so some of these may not apply to you.

11. LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF ALTIRIS OR ITS LICENSORS ARISING FROM OR RELATING TO THIS EULA OR THE USE OR INABILITY TO USE THE SOFTWARE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER CONTRACT, WARRANTY, TORT AND/OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF ALL LICENSE FEES PAID BY YOU FOR THE SOFTWARE LICENSE(S) GRANTED HEREUNDER.

12. SOLE REMEDY AND ALLOCATION OF RISK.  YOUR SOLE AND EXCLUSIVE REMEDY AND ALTIRIS’ SOLE AND EXCLUSIVE LIABILITY ARE SET FORTH IN THIS EULA.  This EULA defines a mutually agreed-upon allocation of risk.

13. NOTICE.  THE SOFTWARE IS NOT INTENDED OR LICENSED FOR USE IN ANY HAZARDOUS OR HIGH RISK ACTIVITY.

14. NO SUPPORT.  Except as expressly required by applicable law, nothing in this EULA entitles you to any support, maintenance, or new versions of the Software.  You may contact Altiris to determine the availability of support, maintenance, and new versions of the Software, and the fees, terms, and conditions that would apply.

15. TAXES.  In the event that any withholding, sales, or use taxes, goods and services tax, or other taxes or government fees, assessments, or charges are payable because of this EULA, or any license of the Software, or because of any payment by you, then you shall pay such taxes, fees, assessments, and charges in addition to all other payments.

16. GOVERNING LAW, VENUE, AND ATTORNEYS’ FEES.  This EULA shall be governed by the laws of the state of Utah and the United States of America without giving effect to conflict or choice of law principles, and any litigation between the parties arising under this EULA shall be conducted exclusively in Utah state courts or the federal district courts within Utah.  The parties agree to exclude application of the “United Nations Convention on Contracts for the International Sale of Goods” to this EULA.  If you acquired the Software in a country outside the United States, then that country’s local laws may apply.  In any action or suit to enforce any right or remedy under this EULA or to interpret any provision of this EULA, the prevailing party will be entitled to recover its fees and costs, including reasonable attorneys’ fees.

17. SEVERABILITY.  If any provision in this EULA is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this EULA shall remain in effect.

18. TERM AND TERMINATION.  This EULA is effective until terminated.  You may terminate this EULA by uninstalling and returning the Software to Altiris along with all Documentation and original media.  The licenses granted herein shall automatically terminate without notice if you fail to comply with any material provision of this EULA.  In such event, you must immediately uninstall and return the Software, including all Documentation and original media, to Altiris.  This shall not limit or affect any remedy available to Altiris for your breach of this EULA.

19. U.S. GOVERNMENT END USERS.  The Software is provided with Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to restrictions applicable to commercial computer software as set forth in the Federal Acquisition Regulations (FAR) §52.227-14 (Jun 1987) Alternate III (June 1987), FAR § 52.227-19 (June 1987), or DFARS § 252.227-7013 (b)(3) (Nov 1995) or applicable successor provisions.  Use of the Software by the U.S. Government constitutes acknowledgment of Altiris’ proprietary rights therein. Manufacturer is Altiris, Inc., 588 West 400 South, Lindon, Utah 84042.

20. EXPORT LAWS. You acknowledge that the Software is subject to applicable import and export regulations of the United States and of the countries in which you do business. It is your responsibility to comply with the United States and other countries’ government requirements as they may be amended from time to time.  Without limiting the generality of the foregoing, and regardless of any disclosure made by you to Altiris regarding an ultimate destination of the Software, you shall not export, re-export, transfer, divert, or disclose (directly or indirectly) the Software or any portion thereof to any country in violation of U.S. export laws or regulations or any other law, regulation, or government order. Note that Software containing encryption may be subject to additional restrictions.

21. CONSTRUCTION.  No rule of strict construction shall apply against or in favor of either party in the construction and interpretation of this EULA.

22. ASSIGNMENT.  You may not assign, sublicense, or transfer this EULA, the Software, or any rights or obligations hereunder without prior written consent of Altiris.  Any such attempted assignment, sublicense, or transfer will be null and void.  Altiris may terminate this EULA in the event of any such attempted assignment, sublicense, or transfer.

23. ENTIRE AGREEMENT.  This EULA sets forth the entire understanding and agreement between the parties relating to its subject matter and may be amended only in a writing signed by both parties. Any waiver of or promise not to enforce any right under this EULA shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise. ANY TERMS AND CONDITIONS OF ANY PURCHASE ORDER OR OTHER DOCUMENT SUBMITTED BY YOU IN CONNECTION WITH THE SOFTWARE THAT ARE IN ADDITION TO, DIFFERENT FROM, OR INCONSISTENT WITH THE TERMS AND CONDITIONS OF THIS EULA ARE NOT BINDING ON ALTIRIS AND ARE INEFFECTIVE.  NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON, OR OTHER PERSON IS AUTHORIZED BY ALTIRIS TO MODIFY THIS EULA OR TO MAKE ANY WARRANTY, REPRESENTATION, OR PROMISE THAT IS DIFFERENT THAN OR IN ADDITION TO THE WARRANTIES, REPRESENTATIONS, OR PROMISES EXPRESSLY SET FORTH IN THIS EULA.