![]() ![]() TuxCare’s right to obtain injunctive relief shall not limit its right to seek further remedies. TuxCare shall therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request. You may commercially redistribute the Programs only if, you have entered into a separate agreement with TuxCare authorizing such commercial redistribution or TuxCare has otherwise granted you permission, in writing.You agree not to remove any confidential or proprietary legends from the Programs.You acknowledge that, in the event of your breach of any of the provisions of this Section 3, TuxCare will not have an adequate remedy in money or damages. Title to the Programs, or to any copy, modification, or merged portion thereof shall remain with their respective owners, subject to the applicable license. You acknowledge that the Programs and each of their components are owned by TuxCare and others, and are protected under copyright law and other laws as applicable. PROTECTION OF PROPRIETARY RIGHTS CONFIDENTIALITY.The inspection will be conducted no more than once per year and in a manner not intended to disrupt your business and will be restricted in scope and duration to that reasonably necessary to achieve its purpose. You further agree that TuxCare may during normal business hours and with reasonable prior notice, request and gain access to your premises for the limited purpose of conducting an inspection to determine and verify your compliance with this Agreement. ![]() You agree that on TuxCare’s request you will certify in writing your compliance with the terms of this agreement, including your use of the Programs only on or in connection with the number of systems licensed. ![]() Such access and information collected includes reviewing installed packages and applications, the names, sizes, and attributes of files, the server or system uptime, load, running processes, and debugging information of the patching process and Program. Installation of the Programs on a network server solely for distribution to other computers is not “use” of the Programs, and is permitted, as long as you have purchased Subscription Services for the systems being accessed by the Programs.Your installation or use of the Programs grants TuxCare limited access to your system information for the sole purpose of Cybersecurity analysis and reporting. For purposes of this Agreement, “use” of the Programs means loading the Programs into the temporary or permanent memory of a computer. Notwithstanding the foregoing, TuxCare shall be under no obligation to provide any updates, enhancements, modifications, revisions, or additions to the Programs.You may use one copy of the Programs only on systems, including servers, work stations, virtual machines, blades, nodes or disk partitions, for which you have purchased Subscription Services from TuxCare or its resellers. For purposes of this Agreement, the “Programs” include any updates, enhancements, modifications, revisions, or additions to the Programs made by TuxCare and made available to end-users. TuxCare hereby grants to you, and you accept, a limited, nonexclusive license to use the Programs in machine-readable, object code form only, and the user manuals accompanying the Programs (the “Documentation”), only as authorized in this Agreement. THIS LICENSE AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF TUXCARE’S OBLIGATIONS AND RESPONSIBILITIES TO YOU AS LICENSEE, AND SUPERSEDES ANY OTHER PROPOSAL, REPRESENTATION, OR OTHER COMMUNICATION BY OR ON BEHALF OF TUXCARE RELATING TO THE SUBJECT. IF YOU DO NOT WISH TO AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THE INSTALLATION NOW AND REMOVE IT FROM YOUR SYSTEM. THE ACT OF DOWNLOADING, INSTALLING OR USING THE PROGRAMS SHALL CONSTITUTE AN ACCEPTANCE BY YOU OF THE TERMS OF THIS LICENSE AGREEMENT. TUXCARE IS UNWILLING TO LICENSE THE PROGRAMS EXCEPT ON THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. THIS LICENSE AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND CLOUD LINUX INC., DOING BUSINESS AS TUXCARE (“TUXCARE”) GOVERNING YOUR USE OF ANY PROGRAMS DOWNLOADED, INSTALLED OR USED BY YOU (THE “PROGRAMS”). READ THIS LICENSE AGREEMENT BEFORE INSTALLING THESE PROGRAMS. ![]()
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