Gogrok 2.1

EULA - End User License Agreement

Gogrok End User License Agreement (EULA) 1.0 For the purpose of this User Acknowledgment and Confidentiality Agreement: 1.1 "Gogrok" means T&D Corporation and/or its subsidiaries and affiliates 1.2 "Gogrok Confidential Information" means any Gogrok confidential or intellectual proprietary technical or business information, data, ideas or materials, including but not limited to those relating to the Gogrok Systems or Networks to which User may have access, and those relating to User''s use of the Gogrok Systems and Networks (including but not limited to any passwords and personal identification numbers or other User Identification forms "User ID or User ID(s)", and those created by User during the course of User''s work with Gogrok. 1.3 "User or Users" means any person or entity that will be granted, or have access to, Gogrok intellectual property, Gogrok Confidential Information, and System(s) and Network(s) owned or operated by Gogrok in connection with the business activities and operations of Gogrok and other authorized users and with work to be performed by the undersigned. 2.0 General. In consideration thereof, the User hereby acknowledges, and agrees that: 2.1 User will be assigned one or more User ID(s), and thereby be granted access to Gogrok Systems(s) and Network(s) herein identified below: a. Gogrok ID 2.2 User assigned ID(s) and granted access are intended for the sole purpose described in both or one of the following purpose (hereinafter referred to collectively as the "Purpose"). a. participation in activities or events in connection to the evaluation of the Gogrok product 2.3 According to all of the above, current User: a. Will not use or access the Gogrok Network(s), System(s) or information or data contained therein for User own use or for any use other than that necessary for the Purpose or as otherwise authorized by Gogrok; b. Understands that the User ID granted to User is for User''s exclusive use in connection with the Purpose, is not to be shared with, or used by, any other person or entity, and may be revoked by Gogrok at any time at Gogrok''s sole discretion and the User ID deleted; c. Acknowledges that the Gogrok Network(s) access authority granted to User in this Paragraph 2 does not in and of itself constitute Gogrok System(s) access authority and User will not access information or data on Gogrok System(s) in the Gogrok Network(s), other than information, data, Systems or Networks which User has specifically been granted access to in this Acknowledgment, without the express written authorization of Gogrok; d. Will not gain, or attempt to gain, access to any third-party Systems from the Gogrok Systems, unless authorized by Gogrok; e. Will not gain, or attempt to gain, access to any of the Gogrok Systems from any third-party Systems, unless authorized by Gogrok; f. Will not attempt unauthorized access to Gogrok Systems or Networks or knowingly install malicious codes (viruses, backdoors, trojan horses, worms, etc.) on a Gogrok System or Network; and g. Will restrict access to Gogrok Systems from User Systems located off Gogrok premises to authorized users only. 3.0 Confidentiality of Gogrok Information. Except as authorized by Gogrok, User will keep confidential and not in any way disclose to anyone any Gogrok Confidential Information, and will not use such Gogrok Confidential Information except in connection with the Purpose. All information, data and documentation, including but not limited to Gogrok Confidential Information, User obtains from Gogrok or which User creates during the course of User''s work with Gogrok, and all rights, title and interest therein (including all patent rights and copyrights), will be, and remain, the property of Gogrok. User will not copy any such information, data or documentation except as may be necessary for User to perform the Purpose for which User''s access to the Gogrok Systems and Networks has been granted. If requested, User will return any and of such information, data or documentation, and all copies in his possession thereof, to Gogrok upon completion of User''s services under the Purpose. User will impose these confidentiality requirements on anyone in User''s employ having access to any such information, data or documentation. User''s obligation hereunder shall be binding upon its employees, successors and assigns. 3.1 Exclusions from Confidential Information. Confidential Information does not include information which: a. Was or becomes generally available to the public other than as a result of a disclosure by the User, including without limitation, User''s directors, officers, employees, agents, attorneys, accountants, financial advisors, consultants, affiliates, owners, shareholders, co-ventures or partners (collectively, "User''s Representatives"); or b. Was or becomes available on a non-confidential basis from a source other than the party providing the Confidential Information; provided, that the source of such information was not bound by a preexisting confidentiality agreement and was not otherwise in possession of such Confidential Information under circumstances imparting an obligation to keep it confidential; or c. Was within the possession, custody or control on a lawful basis of the User prior to its being furnished in connection with the Propose, provided, that the source of such information was not otherwise bound or obligated to keep such information confidential as aforesaid in Section 3 of this agreement. 3.2 Remedies for Breach. Gogrok shall be entitled to seek injunctive or other equitable relief to prevent or remedy a breach of this provision. 4.0 Software. In the course of User work with respect to the Purpose, User may need to use and have access to third-party software licensed to Gogrok and/or Gogrok proprietary software (hereinafter referred to collectively as the "Software"). User will: a. Use the Software only for the purpose of performing User''s work with respect to the Purpose; b. Not copy the Software, except for authorized back-ups; c. Treat the Software as Gogrok Confidential Information subject to the same obligations as those set forth in paragraph 3 above (regardless of whether such Software is owned by or licensed to Gogrok) and not disclose or loan it to any third party; d. Upon completion of User work with respect to the Purpose, return the Software to Gogrok and honor Gogrok Software licensing agreements with third parties as applicable; 5.0 Intellectual Property Laws and Other Restrictions. User will comply with all restrictions imposed herein as well as by all copyright and other intellectual property laws applicable to User''s work with respect to the Purpose and User access to Gogrok Systems and Networks and Gogrok Confidential Information. 6.0 Legal Consequences of Misuse or Misappropriation. User recognizes that any misuse or misappropriation of Gogrok Systems and Networks and/or Gogrok Confidential Information and/or information or data obtained in User''s work with respect to the Purpose may subject User and any of User''s employees and agents to severe civil and criminal penalties. 7.0 Monitoring. Gogrok Systems and Networks are for use by authorized users only. Any individual using Gogrok Systems and Networks, by such use, acknowledges and consents to the right of Gogrok to monitor, access, use and disclose any information generated, received or stored on the Systems and Networks, and waives any right of privacy or expectation of privacy on the part of that individual in connection with his or her use of the Systems or Networks. Unauthorized and/or improper use of these Systems and Networks, as delineated by corporate policies, is not tolerated and Gogrok may take formal action against such individuals. 8.0 Employees/Agents. User, if a company/agency or an individual with employees or agents, shall comply with all portions of this document applicable to entities and shall be responsible and liable for compliance by User employees and agents. User will cause any of its employees or agents engaged in the Purpose to be bond to the above provisions prior to any such employee or agent being granted access to the Gogrok Systems and Networks. User will promptly notify Gogrok of the termination of any such agent or employee. If any employee or agent of User violates any provision of this User Acknowledgment and Confidentiality Agreement, such employee or agent may not be eligible to engage in any services to Gogrok. 9.0 Choice of Law. This Agreement is made under and will be construed in accordance with the laws of Singapore, without regard to its conflict of law rules, and the courts of Singapore will be the only courts of competent jurisdiction. 10.0 Assignment. No assignment of this agreement by User to Third Parties is permitted without the express, written permission of Gogrok. As used herein, Third Parties mean any person or entity which is not an Affiliate of User or an employee of User and its Affiliates. 11.0 Survival. The terms and conditions of this User Acknowledgment and Confidentiality Agreement survive termination or completion of on-line events within the Gogrok solution 12.0 Third-party license. User should also comply with any third party license agreement associated with any third party open ssource software or product that is included within Gogrok. a. This product includes software from open source VNC. Please refer to its GNU General Public License (GPL) available at: http://www.gnu.org/licenses/licenses.html#GPL b. This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/) c. This product includes cryptographic software written by Eric Young (eay@cryptsoft.com)