Monitoring Solutions

Trial Registration

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I would like to register a trial account on:
NOW 3.0
Modules :	BIS (Barcode Inventory System)
	WFMS (Workflow Management System)
	DMS (Document Management System)
Microsoft Dynamics NAV 2009 (Coming soon...)
Property Management System (Coming soon...)
Terms of Agreement

Be sure to carefully read and understand all the rights and restrictions described in the agreement. You must accept the agreement before you can register a trial account.
This TRIAL AGREEMENT (this "Trial Agreement") is a legal agreement between you (either an individual or a single entity) and Monitoring Solutions Ltd. (“MON”) for NOW 3.0 including computer software and any associated media, which may include printed materials and online or electronic documentation, hereinafter referred to as the "product". 
You requests that MON arrange a thirty (30) days trial period (the "Trial Period") for you to evaluate the software product indicated on the submitted trial request. The use of this product indicates your understanding and acceptance of the following terms and conditions:

1. License

We hereby grant to you a free trial, non-exclusive and non-transferable license for you to remote, run and use the Software on your computer in accordance with the terms and conditions of this Agreement and the software license which accompanies that Software but not further or otherwise. Except to the extent permitted by law, you shall not alter, modify, adapt or translate the Software nor decompile, disassemble or reverse engineer the same nor attempt to do any such thing.

2. Ownership

You acknowledge and agree that MON is the owner, or the authorized distributor of, the Software and, except as set out above, this Trial Agreement does not grant to you any right, title or interest in or to this Software, including in or to any intellectual property or proprietary right in or to the Software, and you shall not obtain or claim any right, title or interest in or to the Software, or any portion thereof, or any intellectual property or proprietary right therein. You further acknowledge and agree that the Software embodies confidential information and trade secrets of MON or the owner and You shall not disclose any portion of the Software to any third party, including any person who is not your full-time employee having a need to know for the purpose of this Trial Agreement, unless any such third party or person has executed a nondisclosure agreement reasonably acceptable to MON and covering the Software. 

3. Restrictions

You may not rent, lease, loan, resell or otherwise transfer the Software. You may not permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other arrangement. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based in whole or in part upon, the Software. You may not copy the Software or Documentation. You may not remove any proprietary notices or labels on the Software. All rights not expressly set forth hereunder are reserved by MON. MON reserves the right to periodically conduct audits upon advance written notice to verify compliance with the terms of this Agreement. 

4. Disclaimer 

THE SOFTWARE IS PROVIDED TO LICENSEE "AS IS", AND ANY USE BY LICENSEE OF THE SOFTWARE DURING THE EVALUATION PERIOD, WHETHER IN A TEST ENVIRONMENT OR OTHERWISE, WILL BE AT LICENSEE'S SOLE RISK. MON MAKES NO WARRANTIES RELATING TO THE SOFTWARE AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Without limiting any other provision of this Trial Agreement, MON shall not be liable for any direct, special, indirect or consequential damages resulting from the installation, use performance or nonperformance of the Software during the Trial Period. MON shall not be liable for any data extractions from the System during nor after the Trail Period.

5. Limitation of Liability

Licensee expressly acknowledges that: 
a. MON shall not be liable for ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE, by the inadequacy of any MON Program for any purpose or use thereof or by any defect or deficiency therein. 
b. MON shall not have any liability with respect to any loss or damage related to or arising from: (i) any failure of any MON Program to perform as specified herein except as and to the extent otherwise expressly provided herein; or (ii) any use or application of any MON Program or the results or decisions made or obtained by users of the MON program. 

6. Termination

Your License is effective thirty (30) days commencing on the date you activated it unless terminated earlier as set forth herein (the "Evaluation Period"). The License will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. 

At the end of the Evaluation Period or upon the request of MON, whichever is earlier, 

a. You will promptly remove all coding and other vestiges of the Software from your computer system, and make no further use whatsoever of the Software, except to the extent that may be permitted under any subsequent agreements between you and MON. 

b. You shall either purchase a license to use the Software, in accordance with MON’s standard terms and conditions therefore, or shall return the Software and related materials, at its own expense, to MON with an executed letter, stating that You has removed from its System and destroyed all copies of the Software. 

Upon completion of the Evaluation Period or upon the request of MON, you shall, provide MON with information regarding the results of the trial, in a format and level of detail reasonably requested by MON. 

7. Effect of Termination

Any termination of this Agreement shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision contained in this Agreement which is expressly or by implication intended to come into or continue in force on or after such termination.

8. General

We may appoint agents, assign or sub-contract the whole or any part of our rights and/or obligations contained in this Agreement to any person at any time. The English version of these terms and conditions shall prevail over any Chinese version which is provided for information purposes only. If any terms or conditions shall be divisible from this Agreement and shall be deemed to be deleted from this Agreement. This Agreement shall be governed by Hong Kong law and the parties hereby submit to the non-exclusive jurisdiction of the Hong Kong courts.

If you have any questions concerning these terms and conditions, or if you would like to contact MON for any other reason, please email us at info@mon.com.hk, or write: 7/F., Park Hovan Commercial Building, 18 Hillwood Road, Tsimshatsui, Kowloon, Hong Kong.

These terms and conditions were last updated on 8th October, 2009.
By clicking on "I Accept" below you are agreeing to the Terms of Agreement above.
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