Glassbox Corporation ("Glassbox") - End User License Agreement

All Glassbox Products: Including Glassbox Troubleshooter, Glassbox Agent, Glassbox Client and Glassbox Inspector

IMPORTANT INFORMATION, PLEASE READ CAREFULLY

Use of this software is subject to the license terms set by Glassbox. By installing this software you are acknowledging full agreement with the license terms and conditions of use detailed in this document. Please be aware that this software is protected by copyright laws and international copyright treaties.

SOFTWARE LICENSE

Glassbox reserves the right to change or update any part of this agreement, at any time in the future, without prior notice or reason. The latest and most current agreement can be found at: http://www.glassbox.com/glassbox/Eula.html

SOFTWARE DESCRIPTION

The software comprises two components. The "Agent", consists of those parts of the software normally contained or installed by the Glassbox Agent Installer or Glassbox Inspector Installer. This additionally includes all Glassbox software components embedded on the application server which monitor JVM and server operations in order to manipulate, record or transfer such information ("Agent Output"). The "Client", consists of those parts normally contained or installed by the Glassbox Troubleshooter Installer. This additionally includes all Glassbox software components which analyze Agent Output or create a presentation layer for the end user to view data or Agent Output analysis.

1. GRANT OF LICENSE

This agreement grants you, the licensee, a license to: (a) Install the Agent component on a single computer. (b) Install the Client component on any number of computers. (c) Use the software for a maximum of 30 days free of charge. When the trial period of 30 days has passed (from the original installation date on that computer), you must purchase a license (please read sections 3 and 4 for more information) from Glassbox or a company selected by Glassbox to continue using the software.

2. LICENSES

Without a license, this software will operate in a limited mode for up to 30 days, after which the software may cease to operate. Continued use of the software after this period is not permitted without a valid license. License keys must be purchased from Glassbox and cannot be transferred, resold, rented or used by any other person or organization than the original purchaser. Glassbox .may sell perpetual licenses, which allow you to use a specific version of the software forever; term licenses which expire after a period of time; or other types of licenses.

3. OWNERSHIP OF THE SOFTWARE

You, the licensee, only own the media upon which the software is recorded or fixed. Glassbox retains title and ownership of the software at all times, which includes the original recorded software and any subsequent copies. This is always effective regardless of the form or media in which the original software or copies exist. You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on Glassbox Troubleshooter, nor permit anyone else to do so. Purchasing a license is not a sale of the software but of your right to use the software.

4. TERMINATION

This agreement is effective until terminated. This agreement can be terminated without prior notice from Glassbox if you fail to comply with any part of this agreement. Upon termination you must remove any keys, uninstall the software and destroy any written materials and any copies of the software, regardless of any modifications made to the written materials or software.

5. LIMITED LIABILITY

Glassbox cannot be held liable for any incidental, consequential or indirect damages, including any lost profits, savings, loss of data or damaged hardware, even if Glassbox has been advised of the possibility of such damages.

To the fullest extent possible pursuant to applicable law, Glassbox makes no representation about the suitability or accuracy of this software for any purpose, and makes no warranties, either express or implied, including merchantability and fitness for a particular purpose or that the use of this software or data will not infringe any third party patents, copyrights, trademarks, or other rights. The software and data are provided "as is".

To the fullest extent possible pursuant to applicable law, returning any portion of a customer purchase price for Glassbox software or data remains solely at the discretion of Glassbox.

6. PARTIAL INVALIDITY

If any term, covenant or condition of this Agreement or its application to any person or circumstances shall be held to be invalid or unenforceable, the remainder of this Agreement and the application of such term or provision to other persons or circumstances shall not be affected, and each term hereof shall be valid and enforceable to the fullest extent permitted by law.