XLog-Solution is one integrated solution for log management and event reporting for your IT infrastructure. It is also suitable for all software development phases up to production environment. With XLog-Solution you get real time access to log data generated by your software applications and IT infrastructure. Whether your log data is generated by security system, syslog, Windows Event Log, web server or any kind of application or service, you will be able to search, analyze and troubleshoot from a single place. This product monitor all your logs and alert you in real time when something goes wrong. You can access all log events from your web browser and change logger threshold in real time without having to restart any service or application. This allows you to investigate events span across multiple systems with a global perspective. Data accessibility is controlled by permissions set on each user account. This allows your organisation to centralize all logs on the same system and keep control on who can see what. If you need to keep log events for historical search or meet compliance requirements, XLog-Solution allows you to archive your logs and the archives are accessible like your live data.
VERSION HISTORY
- Version 0.2.1 posted on 2011-11-24
Program Details
- Category: Servers > Other Server Applications
- Publisher: Apsolab
- License: Free Trial
- Price: N/A
- Version: 0.2.1
- Platform: windows
EULA
SOFTWARE LICENSE AGREEMENT (the “License Agreement”) 1.DEFINITIONS The following terms, when used in this Licence Agreement, shall have the following meaning unless the context indicates otherwise: 1.1 “Affiliate(s)” means with respect to any Party, a company or other legal entity, whether de jure or de facto, controlling, controlled by, or under common control with such Party. For these purposes, “control” shall refer to (a) the possession, directly or indirectly, of the power to direct the management or policies of a company or other legal entity, whether through the ownership of voting securities, by contract or otherwise or (b) the ownership, directly or indirectly, of more than 50% of the voting securities or other ownership interest of a company or other legal entity. 1.2 “Confidential Information” shall mean all confidential or proprietary information, in any form whatsoever, whether oral, electronic, visual, written or otherwise, relating to the disclosing party’s (the “Disclosing Party”) business and/or those of its suppliers and customers, disclosed to the receiving party (the “Receiving Party”) pursuant to this License Agreement and the Maintenance Agreement. Confidential Information shall include both information that is identified as being confidential or proprietary at the time of disclosure and information that a reasonable person would consider from the nature of the information and the circumstances of disclosure, as being proprietary or confidential. 1.3 “Defect” shall mean a failure in program logic or functions of the Software which prevents the Software from operating in all material respects as described in the Documentation. 1.4 “Designated Equipment” shall mean the single server on which Licensee has installed the Software. The Designated Equipment may be changed from time to time with the prior written consent of Licensor. 1.5 “Designated Location” means Licensee’s address set forth on the Execution Page or the address set forth on the Designated Location field of the Execution Page if the Designated Location is different from Licensee’s address. The Designated Location may be changed from time to time with the prior written consent of Licensor. 1.6 “Documentation” shall mean printed and/or electronic materials relating to the Software, including users’ manuals, data sheets, cue cards and technical manuals, as described in Schedule A, as same may be modified from time to time by Licensor. 1.7 “Effective Date” shall have the meaning set forth in the Execution Page. 1.8 “Execution Page” refers to, as applicable, (i) the document executed by both Parties which incorporates this License Agreement by reference or (ii) the electronic form filled out by Licensee prior to receiving its license key. 1.9 “License Fees” shall mean the license fees charged by Licensor to Licensee as per the terms and conditions of Article . 1.10 “Licensor” shall have the meaning set forth in the Execution Page. 1.11 “Licensee” shall have the meaning set forth in the Execution Page. 1.12 “Logger” means each mechanism used to forward log data to the Software and link Licensee’s server information source to the Software. 1.13 “Parties” shall mean Licensor and Licensee; “Party” shall mean either of them. 1.14 “Person” shall mean any individual, partnership, limited partnership, syndicate, sole proprietorship, company or corporation with or without share capital; unincorporated association, trust, trustee, executor, administrator or other legal personal representative, groups acting jointly or in concert, regulatory body or agency, government or governmental agency, authority or entity however designated or constituted. 1.15 “Product” shall mean collectively the Software and the Documentation. 1.16 “Service Hours” shall mean Licensor’s (or Licensor’s subcontractor’s) regular office hours (from 8:00 a.m. to 5:00 p.m.) from Monday to Friday E.T., excluding holidays as observed by Licensor. 1.17 “Software” shall mean the computer programs described in Schedule A, in object code form as well as Updates. 1.18 “Updates” shall mean modifications to the Software to fix or by-pass known Defects or to make minor changes to its functionality, including patches and bug fixes, released by Licensor from time to time at its discretion, to the exclusions of Upgrades (as defined in Section 2.4). The Updates may be indicated by the incrementing of the digit to the right of the furthest most decimal place in a given release. For example, Version 1.1.1 will be considered an Update from Version 1.1.0. 1.19 “User(s)” shall mean the employees or subcontractors of Licensee. 2.LICENSE 2.1 Permitted use. Subject to the terms and conditions of this License Agreement and payment of the applicable License Fees, Licensor grants to Licensee a personal, non-exclusive, non-transferable, non-sublicenseable and non-assignable license to: a) install, run and use one (1) instance of the Software on one (1) Designated Equipment in the Designated Location interacting with the number of Loggers set forth on the Execution Page; b) use the Documentation, agents, libraries and scripts provided in conjunction with the Software; and c) subject to subparagraph above, install, run and use an unlimited number of logger software; all of which for the sole purpose of Licensee’s internal log management and event reporting activities. 2.2 License Key. In order to activate and initialize the Software, Licensor shall provide Licensee with an alphanumerical license key. Licensee agrees to keep this license key confidential and to take all necessary measures to prevent it from being accessed or obtained by a third party. 2.3 Execution Page. Licensee represents and warrants that the information it has supplied in the Execution Page is valid and accurate. Licensee shall inform Licensor should this information change. 2.4 Upgrades. New modules which add material functional capabilities or new features to the Software (“Upgrades”) are not included in the license granted to Licensee pursuant to this License Agreement. A separate written agreement will need to be executed between the Parties should Licensee wish to obtain such Upgrades. 2.5 License Restrictions. Licensee agrees that it shall not itself, or indirectly including through any Affiliate, agent or other Person: a) sell, lease, license, sublicense, loan, encumber or otherwise transfer to a third party the Product, in whole or in part; b) decompile, disassemble, reverse engineer or otherwise attempt to derive the source code of any portion of the Software; c) write or develop any derivative software or any other software program based on the Software or on the Confidential Information of Licensor; d) make modifications, corrections, alterations, enhancements or other additions to the Software; e) make the Software available to a third party by “bulletin boards”, online services, remote dial-in or network or telecommunication links of any kind; f) use the Software or allow a User to use the Software outside of the Designated Location or on equipment other than the Designated Equipment; g) provide, disclose, divulge or make available to, or permit use of the Software by Persons other than Users, without Licensor’s prior written consent; and h) use the Software other than in accordance with the instructions set forth in the Documentation and the provisions of this License Agreement. 2.6 Copies of the Documentation. Licensee shall not reproduce the Documentation, except for a reasonable number of copies of the Documentation as is necessary to use the Software as contemplated and limited under this License Agreement. Licensee shall reproduce all confidentiality and proprietary notices on each of the copies of the Documentation made pursuant to the dispositions of this section and maintain an accurate record of the location of such copies. 2.7 Intellectual Property. Licensee recognizes and agrees that all trade-marks, inventions (whether patentable or not), patent applications, patents, works protected by copyright, trade secrets, know-how or other intellectual property in or related to the Product (the “Intellectual Property”) are the exclusive property of Licensor or are otherwise controlled by Licensor. While this License Agreement is in effect, Licensee and its Affiliates shall not take any action that challenges the Intellectual Property, including but not limited to invalidity actions brought against patents owned by Licensor. Furthermore, Licensee and its Affiliates shall not adopt proceedings or make assertions in any court, arbitral tribunal or other similar forum, against Licensor or its Affiliates for infringement of any patent owned by Licensor or any of its Affiliates. In the event Licensee or any of its Affiliates, directly or indirectly, threaten to make or makes a claim in the manner set forth above, then Licensor shall have the right to immediately terminate the license granted herein, the whole without otherwise limiting its other rights and recourses. 2.8 No Implied License. Except as explicitly expressed in Section , nothing contained in the License Agreement transfers, assigns or otherwise licenses to Licensee any right, title or interest in the Software. 2.9 Maintenance and Support Services. Licensee acknowledges that the maintenance and support services related to the Software will be provided by Licensor pursuant to the Maintenance and Support Services Agreement that may be entered into by the Parties concurrently to this License Agreement depending on the plan selected (the “Maintenance Agreement”). 3.CONSULTING SERVICES 3.1 Consulting Services. From time to time during the Term, as mutually agreed to by the Parties, Licensor may provide Licensee certain consulting, educational or other services such as customizations or training (the “Consulting Services”). For each Consulting Services project, the Parties shall agree and sign in advance a written Statement of Work and/or Services Authorization Form (hereafter “Statement of Work”), which shall contain a description of the Consulting Services to be performed, a description of and specifications for the deliverables to be provided to Licensee as a result of such Consulting Services (“Deliverables”), an estimated timeline, fees payable by Licensee for such Consulting Services, and all additional terms that shall be applicable to the project in question. A Statement of Work shall only be modified by an amendment of the Statement of Work signed by both Parties. In the event of any conflict between the terms of this License Agreement and a Statement of Work, the terms of this License Agreement shall prevail. 3.2 Deliverables. For any Deliverable provided to Licensee hereunder which shall constitute a modification(s) or addition(s) to the Software or the Documentation, such Deliverable shall be deemed to be included within the definition of Software or, as the case may be, the Documentation. 3.3 No Maintenance and Support Services. Notwithstanding anything to the contrary provided for herein, Licensee acknowledges and agrees that Licensor shall have no obligation to provide maintenance or support services for any Deliverable provided to Licensee hereunder, unless the Parties agree otherwise in a Statement of Work. 3.4 On-Site Location Service. Should the Consulting Services be provided at the Designated Location, Licensee agrees to reimburse Licensor for all reasonable traveling and living expenses and costs, in both cases within thirty (30) days following the receipt by Licensee of an invoice with respect thereto. 4.CONSIDERATION 4.1 License Fees. In consideration for the rights granted herein, Licensee shall pay Licensor the License Fees set forth on the Execution Page. 4.2 Consulting Services Fees. Licensee agrees to pay Licensor the fees as set forth in each Statement of Work for Consulting Services. 4.3 Payment. Unless otherwise agreed in writing by the Parties, all payments to Licensor shall be made by Licensee within thirty (30) days of the applicable invoice. 4.4 Non-Refundable. Unless otherwise specified in this License Agreement, all amounts payable under this License Agreement shall be non-refundable. 4.5 Taxes. All payments shall be exclusive of any tariffs, duties or taxes imposed or levied by any government or governmental agency. Licensee shall be liable for payment of all such taxes, however designated, levied or based on Licensee’s possession or use of the Software or on this License Agreement including, state or local sales taxes. 4.6 Currency. Unless otherwise agreed in writing by the Parties, all prices set forth under this License Agreement are expressed in Canadian dollars. 4.7 Interest. Payments not received by the due date in accordance hereto shall bear interest at the rate of 1% per month (12% per year), compounded monthly, or the maximum rate permitted by law, whichever is less. 5.LIMITATION OF LIABILITY AND INDEMNIFICATION 5.1 Disclaimer of Warranties. LICENSOR MAKES NO WARRANTY OF ANY TYPE OR OF ANY KIND WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, AND HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND/OR FITNESS FOR A PARTICULAR PURPOSE. 5.2 General. IN NO EVENT SHALL LICENSOR, ITS AFFILIATES, ITS OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS TOTAL COLLECTIVE LIABILITY TO LICENSEE FOR DAMAGES OF ANY KIND AND ANY INDEMNITY ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, WHETHER CLAIMED IN CONTRACT, EQUITY, TORT, (INCLUDING NEGLIGENCE OR STRICT LIABILITY), WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE SUMS PAID BY LICENSEE TO LICENSOR UNDER THIS LICENSE AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO ANY EVENT GIVING RISE TO ANY SUCH DAMAGE. 5.3 Damages. IN NO EVENT SHALL LICENSOR OR ITS AFFILIATES BE LIABLE TO LICENSEE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR THE LOSS OF PROFIT ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, THE SUPPLY, DELIVERY AND USE OF PRODUCTS, EVEN IF SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. EXCEPT AS PROVIDED OTHERWISE IN THIS LICENSE AGREEMENT. THE PARTIES FURTHER AGREE THAT LICENSOR SHALL NOT BE LIABLE FOR ANY CLAIM OR DEMAND AGAINST LICENSEE BY ANY OTHER PARTY ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT. 5.4 Exclusion of Warranties. No employee, agent, representative, subcontractor, authorized distributor or Affiliate of Licensor has authority to bind Licensor to any oral or written representation or warranty concerning the Software. Any representation or warranty not expressly contained in this License Agreement is unenforceable. 5.5 Interoperability. Ensuring interoperability of the Software with other computer software or hardware used or owned by the Licensee shall be Licensee’s exclusive responsibility without recourse to Licensor. 5.6 Indemnification by Licensee. Licensee shall indemnify, defend and hold harmless Licensor, its Affiliates, subcontractors, authorized distributors and their respective officers, directors, employees, shareholders and agents (collectively but only for the purposes of this Section , all such indemnified Persons are comprised within the term “Licensor”) against and in respect of any and all claims, demands, losses, obligations, liabilities, damages, actions, settlements, judgments, costs and expenses (“Losses”) which Licensor may incur or suffer or with which it may be faced (including reasonable costs and legal fees incident thereto or in seeking indemnification therefore), arising out of or based upon; (a) the breach by Licensee of any provisions of this License Agreement or (b) any negligent act or omission of Licensee, its agents, employees, contractors or suppliers. 5.7 Allocation of Risk. It is agreed that the limitation of remedies/liability set forth in this Article , and elsewhere in this License Agreement, allocates the commercial risks between Licensor and Licensee arising out of or in connection with this License Agreement, including but not limited to Defects, and that the financial terms of section and the other terms and conditions of this License Agreement reflect this allocation of risk. 6.CONFIDENTIALITY 6.1 Exclusion. Confidential Information shall not include information which is (i) in or enters the public domain through no breach of this License Agreement by Receiving Party; (ii) already in the possession of Receiving Party at the time of initial disclosure and with respect to which no obligation of confidentiality exists; (iii) independently developed by Receiving Party without reference to Disclosing Party’s Confidential Information; or (iv) the subject of an order issued by a court or other governmental entity compelling disclosure, provided however that, in the event disclosure is required by law, Receiving Party will provide Disclosing Party with prompt notice of such requirement in order to enable Disclosing Party to seek an appropriate protective order. 6.2 Use of Confidential Information. Receiving Party will use Confidential Information only for the purposes of this License Agreement. Except as may be permitted by this Agreement, Receiving Party shall hold in confidence, shall not disclose to any other Person who is not under a like obligation of confidentiality, and shall not exploit for Receiving Party’s own benefit or for the benefit of another person or organization, any Confidential Information. Receiving Party shall use at least the same level of diligence to protect Disclosing Party’s Confidential Information from unauthorized use or disclosure as it uses to protect its own confidential or proprietary information, but in no event shall Receiving Party use less than reasonable diligence. Notwithstanding the previous sentence, Receiving Party shall only give access to Confidential Information to its directors, officers, employees and contractors with a need-to-know for the purposes of carrying out the intentions contemplated in this License Agreement and who are subject to confidentiality terms and conditions at least as strict as those contained herein. 6.3 Reproduction. Receiving Party shall not copy or reproduce Confidential Information except as reasonably required for the purposes contemplated in this License Agreement, and will ensure that any confidentiality or other proprietary rights notices on the Confidential Information are reproduced on any and all such copies. 6.4 Destruction. Upon request of Disclosing Party or termination of this License Agreement, Receiving Party shall promptly deliver to Disclosing Party all documents and other materials in any form containing Confidential Information, however recorded, in Receiving Party''s possession or under Receiving Party''s control, or shall immediately destroy all such documents and furnish the other party with written certification of their destruction. 6.5 Audits. Licensee shall permit Licensor and its representatives and agents to conduct periodic audits for the purpose of verifying Licensee’s compliance with the terms and conditions of this License Agreement. Furthermore, at Licensor’ request, Licensee shall furnish to Licensor a certificate signed by an executive officer of the Licensee certifying that the Product is being used in accordance with the provisions of this License Agreement. 7.TERM AND TERMINATION 7.1 Term. This License Agreement shall be effective as of the Effective Date and shall remain in force for the duration set forth on the Execution Page. 7.2 Termination by Licensor. This License Agreement will terminate automatically following: 7.2.1 Licensee’s state of insolvency, when such insolvency is not remedied by Licensee within thirty (30) days following Licensor’s written notice thereof to Licensee; 7.2.2 Licensee filing a voluntary petition in bankruptcy or liquidation; 7.2.3 Licensee proposing any dissolution, liquidation, reorganization or recapitalization with its creditors; 7.2.4 a petition in bankruptcy or liquidation is filed against Licensee or a receiver is appointed or takes possession of Licensee’s property, and such petition or receiver is not dismissed or stayed within sixty (60) days after such filing, appointment or taking possession; 7.2.5 Licensee makes an assignment for the benefit of creditors or is adjudicated as bankrupt or Licensee takes any similar action under similar laws of any jurisdiction; 7.2.6 Licensee’s breach of any provision of this License Agreement, when such breach is not cured by Licensee within thirty (30) days following Licensor’s written notice thereof to Licensee. 7.3 Effect of Termination. 7.3.1 License. Upon termination, all licenses granted pursuant to this License Agreement shall terminate and Licensee shall immediately discontinue use of the Product. 7.3.2 Return and Destruction of Products and Confidential Information. Within fourteen (14) days after the date of termination of this License Agreement for any reason whatsoever, Licensee shall return to Licensor all copies of the Software and all copies of the Documentation, and any other Licensor’s Confidential Information in its possession. Licensee shall furnish Licensor with a certificate signed by an executive officer of Licensee certifying Licensee’s compliance with this Section . 7.3.3 Survival. Notwithstanding termination of this License Agreement, all provisions which by their nature are intended to survive such termination shall so survive. 8.NOTICES 8.1 Address. Any notice, shipment, including the shipment of an Update, or other communication (the “Notices”) to be given or made hereunder by any Party to any other Party shall be in writing and delivered by certified or registered mail, postage prepaid, return requested. A Notice shall be deemed communicated five (5) days after mailing. All such Notices shall be addressed to the address set forth on the Execution Page, but each Party may change its address by notice or other communication given in accordance with the provisions of this Article. 8.2 Mailing Address. Any Party may change its mailing address by notice to the other Party given in the manner herein prescribed. All notices shall be deemed given on the day when actually delivered as provided above (if delivered personally) or on the day shown on the return receipt (if delivered by mail or delivery service). Each Party shall have the right to rely on the last known address of the other. Any correctly addressed notice last known address of the other Party that is refused, unclaimed or undeliverable shall be deemed effective as of the first date that said notice was refused, unclaimed or deemed undeliverable by the postal authorities, as the case may be, by express delivery services. 9.MISCELLANEOUS 9.1 Force Majeure. If there is any delay or failure in either Party’s performance under this License Agreement, except for the payment of any monies due and owing hereunder, by reason of any circumstance beyond the reasonable control of the Party affected or which makes performance commercially impracticable, including without limitation, fire, explosion, power failure, acts of God, war, revolution, civil commotion or acts of public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body; any labor unrest, including without limitation strikes, slowdowns, picketing or boycotts; any delays in transportation or any subcontractor or supplier interruptions, then the party so affected, upon prompt notice thereof to the other party shall be excused from such performance to the extent so affected by the force majeure. 9.2 Successor and Assigns. Licensee shall not sell, transfer or assign any right, title or interest it has in this License Agreement or any right it has in the Product, without the prior written consent of Licensor. Any assignment not in accordance with this Section shall be void. Licensor may, upon notice to Licensee, sell, transfer or assign any right, title or interest it has in this License Agreement or the Product, if such sale, transfer or assignment (a) is part of the sale, transfer or assignment of all or substantially all of its assets or business; or (b) is made to one of its Affiliates. 9.3 Subcontracting. Licensor may engage the services of subcontractors to perform any and all of its duties and obligations under this License Agreement. 9.4 Entire License Agreement. This License Agreement shall constitute the entire agreement between the Parties with respect to the subject matter hereof and merges all prior and contemporaneous agreements and communications. It shall not be modified except by a written agreement signed by the Parties’ authorized representatives. 9.5 Governing Law; Forum. This License Agreement shall be governed and construed in accordance with the laws in force in the Province of Quebec, Canada, without giving effect to principles of conflicts of law. The courts having jurisdiction in and for the district of Montreal in the Province of Quebec shall have exclusive jurisdiction in respect of any dispute related to this License Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. 9.6 Severability. In the event that any provision of this License Agreement is determined to be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this License Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such provision within the limits of applicable law or applicable court decisions. 9.7 Relationship. This License Agreement does not make either Party the employee, agent or legal representative of the other for any purpose whatsoever. Neither Party is granted any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf of or in the name of the other Party. 9.8 Waivers. The waiver of any breach of any provision of this License Agreement shall not constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving Party. 9.9 Elements of this License Agreement. When a reference is made in this License Agreement to an Article, a Section or a Schedule, such reference is to a Section of, or a Schedule to this License Agreement, unless otherwise indicated. 9.10 Meaning of “Include” and Variations Thereof. Whenever the words “include”, “includes” or “including” are used in this License Agreement, they shall be understood to be followed by the words “without limitation”. 9.11 Schedules. The Schedules to this License Agreement hereto are hereby incorporated to this License Agreement by this reference. If any provision of this License Agreement is inconsistent with a provision of a Schedule, the provisions of this License Agreement shall govern and prevail. 9.12 Language. The Parties have expressly requested that this License Agreement be drawn up in English and that all modifications thereof can be made in this language. Les Parties ont expressément demandé que ce contrat soit rédigé en anglais et que toute modification à celui-ci puisse se faire également dans cette langue. SCHEDULE A Description of the Software and of the Documentation Please refer to Apsolab web site for software description and documentation. Software Description: http://www.apsolab.com/home.html Software Summary: http://www.apsolab.com/summary.html Software architecture: http://www.apsolab.com/architecture.html Software Documentation: http://www.apsolab.com/howto.html