The parties expressly understand and agree that their relationship is that of independent contractors. Nothing in this agreement shall constitute one party as an employee, servant, joint venture partner or agent of another.
In the event that a provision of this agreement is held by the court to be invalid or unenforceable, the remaining provisions stay valid and fully effective.
If you disagree with any part of the terms then you may not access the Service, browse or use the site.
LiveMon creates, develops and provides a monitoring service, which includes the features and functionalities described on the site, intended for information technology, operations and development teams. This service is operated on hosting servers of LiveMon or those of its provider(s) to enable the user and its authorized employees to access and use the service via the web.
Text, software, graphics, images, logos, content and other types of material on the site are proprietary. Any unauthorized use of the material may constitute a violation of copyright, trademark and other laws.
We reserve the right to refuse or delete any type of content uploaded by a user, a visitor or a third-party on the site with or without prior notice.
We are not responsible for the content of any linked external sites and do not guarantee the accuracy, relevance, timeliness, or completeness of any linked information.
Unless terminated early in accordance with section 6 (“termination of service”) your subscription to one of our plans continues for the number of months or years specified in the subscription starting from the subscription date. If no period is specified, the subscription is automatically renewed on the following months unless one party gives notice of termination or non-renewal before the end of the running period.
By validating your registration form, you agree: (i) to provide accurate, true, current and complete information about yourself and/or your company and (ii) to maintain and promptly update your information over time to keep it accurate, true, current and complete.
If, after investigation, we have reasonable grounds to believe that your user registration form information is wrong, we may rightfully suspend or terminate your account.
It is your responsibility to keep your credentials secret and secure. You are responsible for any activity originating from your account and whoever may be connected to it. You should notify LiveMon immediately in the event of any unauthorized use of your account.
You can only use a promotion or a free trial once. At the end of the trial, your use of that commercial service will expire. It is then prohibited that you use it again without paying the applicable fees.
LiveMon hereby makes the service available to the customer and authorized users during the service period and hereby grants to the customer a non-exclusive, non-transferrable, non-sublicensable and limited right to access and use, solely for the customer’s internal business use: (i) the service through the web interface or your custom interface and the site; (ii) the technical documentation and (iii) the Agents.
The user is solely responsible, at its own cost, for the supplying, installation and maintenance of all equipment, services and facilities necessary to enable its authorized users access and use of the service via the web interface (including, without limitation, all computer hardware and software, and access to the internet).
LiveMon may enhance, modify or change the service over time. Such changes will not adversely affect the service used by the customer as it existed at the subscription date.
Termination of service is defined as follows: (i) removal of access to such service; (ii) deletion of access credentials such as password and related information; (iii) deletion of files and/or data associated with the account, including your personal data.
LiveMon reserves the right to restrict, suspend or terminate the user’s access and use to all or part of the site, content and service at any time for any reason with a thirty (30) days prior notice. We may exercise this right if you are not complying with these terms, if you use the service in any way that is causing us legal liability or disruption of other’s use of the service.
In the event of a material breach of these terms by the other party, either party can terminate this agreement prior to the end of the service period if such other party fails to correct such breach within thirty (30) days of notice.
LiveMon has no liability whatsoever to the user for suspension or termination, including the deletion of your data.
Customer acknowledges that although information in the service database will be deleted from its transaction servers, LiveMon may retain such information stored on automatic backup archiving systems during the period such backup or archived materials are retained under LiveMon’s customary procedures and policies.
LiveMon may use the personal information held about users to:
Any attempt by a user to assign, with LiveMon’s written consent, this agreement, will be null and void.
If under a paying plan, LiveMon agrees to represent and warrant to the user that: (i) LiveMon reserves all rights within the service and technology necessary to grant the rights outlined within this agreement; (ii) the service and technology as used by and delivered to a user in accordance with this agreement will not infringe on any rights of any person or entity, including intellectual property rights.
The user will ensure that each individual authorized to use the service is informed of and agrees to conform to the obligations of the user under the terms of this agreement. The service may be used only be the user, for the user’s benefit, to process the user’s own data for the user’s own internal operations. Under obligation of non-disclosure, the service may also be used by user contractors solely for the user’s benefit. The user may not use the service in violation of any government regulations or applicable laws. The user may not use the service to offer data processing services to third parties (including, but not limited to outsourcing or service bureau use).Under no circumstances may the services be used for, or otherwise disclosed to a competitor of LiveMon.
Rights Granted to LiveMon
The user hereby grants LiveMon a worldwide, non-exclusive, royalty-free license during the Service Period to use, reproduce, electronically distribute, transmit, have transmitted, perform, display, store, and archive the data, text, software, audio, video, images or other content that user and/or any authorized user run on or through the Service, cause to interface with the Service, upload to the Service, or otherwise transfer, process, use or store in connection with the Service (collectively “User/Customer Data”). The user agrees that, so long as no Confidential User Information is publicly disclosed, LiveMon may: (i) use User Data to refine, supplement or test LiveMon’s product and service offerings; (ii) include aggregated and anonymized User Data in any publicly available reports, analyses and promotional materials; and (iii) retain anonymized, non-attributable User Data following any termination of this agreement for use in connection with the foregoing.
The user understands and agrees the LiveMon may use user name and logo on the site, on publicly available customer lists and press releases.
All prices featured on the site, or any other distributed notice, are exclusive of all VAT, taxes, duties, withholdings and other governmental assessments. Under this agreement, the user will pay all applicable taxes due, excepting taxes based on LiveMon’s net income unless the user provides LiveMon with a properly completed exemption certificate.
The user is responsible for taxes levied on any transaction under this agreement, including but not limited to all federal, national, regional and local texes and assessments, excluding any tax based on the income of LiveMon.
The user will pay the full invoiced amount to LiveMon within thirty (30) days of invoice date. An interest rate of 1.5% per month will apply to overdue invoices. In the event of any action or effort taken by LiveMon to collect any amount unpaid when due, the user will reimburse costs of collection (including, without limitation, any attorney fees and court costs).
Fees for the service (“Fees”) are based on the pricing published on the site as of the subscription date for the initial period of the user’s subscription unless both parties agree otherwise in a separately executed written agreement.
The user agrees to ensure that all information and details held in the user’s billing account are current. At any time, the user may access and modify, via the site, the billing account information. The user may change payment method at any time. In the event that the user requests for LiveMon to stop using a previously designated payment method but fails to designate an alternative, LiveMon may suspend use and access to the service immediately, with or without notice. Notice from a user to change billing account details will not affect charges that LiveMon submits to that user’s billing account before LiveMon could reasonable act on the request of the user.
Any and all user prepayments (monthly, annually or otherwise) for the service will be deemed fully earned upon reception and are non-refundable (including accounts that are renewed).
The user is responsible for paying all fees through expiration of the service period, regardless of whether the user and/or authorized users access or use the service at levels mirrored in the relevant subscription plan or otherwise.
Under this agreement, the user authorizes LiveMon to charge for the service (and for any paid feature to which the user subscribes during the service period) using the chosen payment method. The user must be authorized to use the payment method chosen when creating a billing account. LiveMon may bill: (i) at the time of purchase; (ii) in advance; (iii) shortly after purchase; or (iv) on a recurring time/usage-based basis.
Orders may not be cancelled or reduced during the subscription period. Fees paid are non-refundable, and payment obligations are non-cancelable.
LiveMon may restrict access to segments of the service and products in certain countries and the service and products may not be available in all languages. Published information which details the service is accessible worldwide. However, the service may be unavailable, or available with restricted access in some countries. The user takes responsibility to ensure use of the service is legal in the country of the user’s residence.
LiveMon are committed to availability. LiveMon will take measures to maintain availability of hosted service materials 99.9% of the time each calendar month within the duration of this agreement, excluding scheduled maintenance windows. In the event of a drop below 99.9% availability for two (2) consecutive months, the user has the right to terminate the service, by written notice, within the calendar month following such 2 consecutive months. If authorized users are able to login to the service interface and access monitoring information, the service will be deemed “available”. The user may complete a support ticket via the support page to request the service availability if wishing to assess service uptime.
Neither LiveMon nor user shall be responsible for failure to perform to the conditions laid out in this agreement in the event of causes beyond reasonable control. These causes include, but are not limited to, war, acts of terrorism, riot, acts of civil or military authorities, fire, floods, earthquakes, other natural disasters, strikes or energy crises, failure of electrical, internet, non-LiveMon application, telecommunications or co-location service, denial of service or similar attacks.
LiveMon will not, in any event, be responsible for any lost profits, incidental or consequential damages, damages resulting from lost data or business interruption as a result of use or inability to use the services, whether based on contract, warranty or any other legal theory, even if LiveMon parties have been advised or made aware of the possibility of such damage.
The user’s uses LiveMon materials at its own risk. LiveMon provides its materials without implied or express warranty or condition of any kind. The service is available on an “as available” and “as-is” basis. We disclaim any warranties of merchantability, non-infringement or fitness for a particular purpose. LiveMon makes no warranty that: (i) the LiveMon materials will meet your requirements or be secure or error-free; (ii) results obtained from the user’s use of the LiveMon materials will be accurate, reliable or that any errors in the LiveMon materials will be corrected.
LiveMon are not liable for any loss or corruption of data, harm to your computer system, or other harm resulting from the user’s access or use of LiveMon materials. No advice, counsel or information, oral or written, collected by you in association with your use of LiveMon materials shall create any assurance or warranty not expressly stated in this agreement.
At times, LiveMon may introduce new “beta” features with which users may test and experiment. These features or tools may be modified or discontinued by LiveMon at any time at our discretion. Such features or tools are offered for experimental purposes only and without warranty or condition of any kind. The provisions of these sections within “Limitation of Liability and Disclaimer of Warranties” apply with full force to such “beta” features.
The user agrees to use the site and the content at the user’s own risk. LiveMon parties shall not be subject to liability for the accuracy, completeness or truth of content and other information conveyed to the user regarding errors, mistakes or omissions for any delay or interruption of the data stream from whatever cause. LiveMon, its affiliates, and their respective directors, employees, agents, officers, suppliers and licensors (“The LiveMon parties”) make no assurances or representations about the content (including, but not limited to, accuracy, reliability, timeliness or reliability).
Regardless of the form of action, the liability of the amendment of damages by any cause relating to this agreement shall not exceed the license fees paid for the relevant LiveMon software that is the subject matter of any such damages by the user for one (1) month, distributed equally over a sixty (60) month depreciation from the date of delivery of the software.
LiveMon reserves the right to assume defense and control of any matter subject to indemnification under the provisions of this section. The user agrees, in such cases, to cooperate with any reasonable request to assist the defense of LiveMon. The user agrees to defend, indemnify, and hold harmless LiveMon from and against legal claims, actions or demands of any kind, including reasonable legal and/or accounting fees, resulting from the user’s breach of the terms laid out in this agreement, access to, use or misuse of the LiveMon content and/or site. The user will be provided notice by LiveMon of any such proceedings, claims or suits.
The user agrees to defend, indemnify and hold harmless LiveMon and it’s employees, officers, agents, directions and contractors from and against any and all claims (including damages, losses, costs or debt, expenses, liabilities, obligations, unlimited attourneys’ fees) related to or arising out of: (i) the user or authorized use’s’ violation of any laws, rules or regulations; (ii) the user or authorized user’s violation of any term of this agreement; (iii) the user or authorized user’s violation use of and/or access to the service and products. The user also agrees to defend, indemnify and hold harmless LiveMon and its employees from and against any and all claims or damages associated with or arising from: (i) any customer data; (ii) the access and use of the service by any other party with credentials, identifiers and passwords provided.
LiveMon agrees to defend, indemnify and hold harmless the user, if under a paying subscription plan, from and against any and all claims (including damages, losses, costs or debt, expenses, liabilities, obligations, unlimited attorneys’ fees) related to or arising out of: (i) LiveMon’s violation of any laws, rules or regulations; (ii) LiveMon’s breach of any obligation, warranty or representation within this agreement.
LiveMon takes no responsibility for any infringement claim to the extent that it: (i) results from user’s failure to implement any updates of the service or technology provided by LiveMon; (ii) is based on modification of the service or technology by any other party than LiveMon; (iii) results from LiveMon’s compliance with the user concerning specifications, plans or designs supplied by the user; (iv) is based on the combination or use of the service and/or technology provided by LiveMon with any other software, device or program not provided by LiveMon, if such an infringement would not have occurred but for such combination or use; (v) results from operation of the service of technology by the user in a manner inconsistent with intended use.
Within this agreement, “Technology” represents any and all products, designs, functionality, applications, computer programs, documentation, processes, specifications, inventions, manuals or other technology and materials of any kind used by LiveMon in association with the performance of the service or support, or made available by LiveMon to users in association with the service or support. Technology includes products and services made available via the site, service interface, agents and any LiveMon branded or co-branded sites.
Title and full ownership rights to the software, technology and all intellectual property rights including copyright, trademark, patent and trade secret rights remain with LiveMon. We reserve all rights granted to us under patent, trademark and any other intellectual property law. The user shall not copy, distribute, sublicense, modify or create derivative works of the software. The user shall not make copies of the software, except for those created solely for archive and backup purposes. In this case, such copies should display all LiveMon legends and notices. Under no circumstances may the software be disclosed to or used for a competitor of LiveMon.
The user is solely responsible for the user data posted, sent or otherwise made available via the service by authorized users or other third parties; LiveMon assumes no liability for this data. Subject only to the limited rights granted in this agreement, the user shall retain all rights, title and interest in and to the user data and all intellectual property rights therein.
LiveMon retains full rights of ownership of LiveMon trademarks, logos, domain names and other brand components for use in: (i) all methodologies, concepts, inventions, processes and other materials which may be created or developed in association with the service and are modifications or derivatives of pre-existing LiveMon properties; (ii) any products, programs or materials created and/or developed by LiveMon prior to or independently of the services mentioned herein (“pre-existing properties”). This agreement does not grant any rights to the user to use LiveMon logos, trademarks, domain names and other brand components.
LiveMon reserves all rights to the service and technology not otherwise expressly granted herein. Except under an official NDA signed by user and LiveMon, in no event will the user be entitled to access or review any source code or object code.
LiveMon respects the intellectual property rights of others, and we expect our users to respect ours. Please contact our support if you believe that your work or the work of anyone else has been infringed in association with the services and technology used by LiveMon.
Within this agreement, “Confidential Information” represents any confidential or proprietary information to the discloser, or any information that the discloser is required to keep confidential (e.g under a contract or other obligation owing to a third party). Confidential Information may be of a technical, business or other nature. Nevertheless, Confidential Information does not include any information that: (i) is independently developed by the recipient; (i) is acquired by the recipient from another source without limitations to use or disclosure; (iii) was known to the recipient before receiving the same from the discloser concerning this agreement; and (iv) is or will become part of the public domain through no fault or action of the recipient.
It will refrain, except where expressly permitted in this agreement, from disclosing to any third party or using any proprietary or confidential information disclosed to it by the other party.
It will take all reasonable measures to preserve the confidentiality of any Confidential Information of the other party within its possession. In no event will these measures be less than the measures it uses to maintain the confidentiality of its own proprietary or confidential information of similar importance.
Any communications between the user and LiveMon may use electronic means. LiveMon may post notices and content on our sites or send you e-mail, and the user may visit the sites and send LiveMon e-mail. For contractual purposes, you agree: (i) that all notices, agreements, terms and conditions, disclosures and other communications electronically provided to you by LiveMon satisfy any legal requirement that it would satisfy if it were in writing; and (ii) to consent to receiving communications from LiveMon in electronic form. Your statutory rights are not affected by your consent in this section.
It is the user’s responsibility to provide a current e-mail address where LiveMon requires the submission of an e-mail address. In the event that an e-mail address provided to us is not valid, or is incapable of transmitting to the user any notices required by these terms, our sending of the notice will nevertheless constitute effective notice to the user. LiveMon will receive notice at the following address: LiveMon, 100 Boulevard Gambetta, 29200 Brest, France. Any notice sent to us will be considered given when received by LiveMon via recognized postal/delivery service at the above address.
Links to third-party websites contained on the site are not provided as an endorsement of the respective third-party content by LiveMon, but solely as a convenience to the user. Any content available within such third-party is provided by others and LiveMon are not responsible for any such content. If accessing any third-party sites, the user does so at his/her own risk. Please take precautions if downloading material from any site, to protect your devices from bugs, viruses and destructive programs. If you have any concerns regarding such external links or any content provided on third-party sites, please contact the site administrator for the respective site.
The user acknowledges that LiveMon is constantly developing and may ask that you review and accept updates to software previously installed on your devices. The user agrees that LiveMon may update these assets with or without notifying the user. At times, the user may also need to update third-party software to use LiveMon products and services.
To support user’s access and use of the service, LiveMon will make available numerous libraries, agents, Application Program Interfaces (APIs) and other materials (collectively, “Agent(s)”).
LiveMon agents must only be used within systems which are owned, leased or primarily operated by the user.
LiveMon has no liability in the event that an agent is used for any other use besides use of the service and access to support.
Some agents may incorporate third-party content that is subject to open source license terms that may restrict or extend the user’s rights in using such content.
The user agrees to acknowledge and review any electric documentation, published online or provided in a link, that is associated with any product or agent. The user agrees to review information which may determine which segments of the agent(s) are open source and therefore licensed under open source license terms. Any such license terms that require LieMon to provide the user the rights to modify, copy, distribute or otherwise use any open source software for the agent(s) that conflict with the rights granted to the user under this agreement, then those rights in the open source license terms applicable will take precedence over those outlined in this agreement, but only with respect to such open source software.
The user acknowledges and agrees that all third-party content be governed by it’s respective terms and conditions. Such terms are held solely between the user and the relevant licensor. Under this agreement, LiveMon has no liability with respect to third-party content, as the user agrees to comply with those third-party terms as applicable.
Though we employ the best measures to protect and maintain the security of any personal and professional data on our website, we cannot guarantee that hackers can not access your personal information. Any internet transmission carries risks; please contact our support for any questions regarding the security of our website.
Through this agreement, you agree not to: (i) delete, alter or destroy any material published on the site by LiveMon or any other person/entity, (ii) take any action that may impose an unreasonable load on our site’s infrastructure, (iii) link to or frame any information or materials available on the site, (iv) use any routine, device or software that may interfere with the established workings of the site or any activity being carried out on the site.
This agreement represents the complete statement of the understanding between the parties, and supersedes all prior statements, proposals and other communications between parties. Execution of any obligation required by a party hereunder can be abandoned only by a written waiver signed by an authorized representative of the other party. Failure or delay by either party in exercising any right or relief will not constitute a waiver.
In the event that a provision of this agreement is declared null, that provision will be dissolved, but the entire agreement will not fail as a result. The balance of the agreement, after abandonment of the null provision, will continue in full force and effect.
LiveMon’s Artificial Intelligence may predict certain incoming incidents in advance but LiveMon does not guarantee that it will and holds no responsibility in the case that the issue is not detected prior to the incident.
LiveMon may indicate where to look when fixing a bottleneck or optimizing the performance of your infrastructure but we hold no responsibility in the event that the indication is not relevant.
LiveMon monitors as precisely as it can but cannot be held liable in the event of an unidentified performance incident on servers.