Instructions:
Please complete all fields. The personal information you provide us is kept strictly private and is not shared with any third party.


First Name:
 
Last Name:
 

Company:
 
Company URL:
 

Address:
 
State:
 

City:
 
Zip Code:
 

Phone:
 
Country:
 



Email Address:
 
 



Technical Contact
Please provide the primary technical contact's information below:
TC Name:
 

TC Email:
 
 



1). Are you an MSP Provider?
 

2). Number of MSP Customers?



 

3). What PSA are you currently using?



 

3b). If "Other", please specify:


4). Current solution provides for the following:
SNMP?


 
HTML5?


 
Application Monitoring?


 
Database Monitoring?


 

5). Current cost to deploy your monitoring solution (per MSP customer):



 

6). How do you currently charge your MSP Customers?

 



Please read the License Agreement carefully.  [View a PDF version of this agreement]

END-USER LICENSE AGREEMENT

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CLICKING "I ACCEPT" AND CONTINUING WITH THIS PROGRAM INSTALL.

This End-User License Agreement ("EULA") is a legal agreement between you (acting on behalf of your employer) and LANAIR Group, LLC ("LANAIR") for the ControlPoint Monitor software, which may include associated software components, media, printed materials, and online or electronic documentation, and any amendments or updates to any of the foregoing (collectively, the "Software").

BY CLICKING "I ACCEPT," OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU ASSENT TO AND ARE BOUND BY THE TERMS OF THIS EULA. YOU ALSO ACCEPT AND ASSENT TO THE LANAIR PRIVACY POLICY LOCATED AT www.LANAIRgroup.com/privpol.aspx AND TERMS OF USE LOCATED AT http://www.LANAIRgroup.com/termsofuse.aspx. YOU AGREE TO RECEIVE NOTICES FROM LANAIR ELECTRONICALLY.  IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS EULA, CLICK THE "CANCEL" BUTTON AND DO NOT DOWNLOAD, INSTALL OR OTHERWISE USE THE SOFTWARE.

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
  1. GRANT OF LIMITED LICENSE.
    • a. LANAIR grants you the following limited rights during the term of this EULA, provided that you comply with all terms of this EULA:
      • Grant.   LANAIR hereby grants you a non-exclusive, non-transferable, revocable, limited license, to use, reproduce, perform and display the Software, provided such use is in accordance with the permitted uses of the Software as set forth in this EULA and the purpose for which the Software was designed as set forth in any documentation and instructions provided for the Software. The license provided to you in this EULA does not include the right to make, or have made, derivative works of the Software.
      • Installation and Use.   LANAIR grants you the right to install and use copies of the Software on such computers and devices located on your premises running a validly licensed copy of the operating system for which the Software was designed.
      • Copies.   You may make such copies of the Software as necessary for you to obtain the benefit of the Software; however, you may not make a copy of the Software available on a network where it may be downloaded, accessed or otherwise used by unauthorized individuals.

    • b. System Changes. By installing this Software, you grant LANAIR the right to make changes to your computer system.  Changes include, but are not limited to: adding files required for the Software's operation to your machine, modification of configuration files related to the Software's operation, addition of shortcut/link files to certain locations of your system to facilitate starting or launching the Software (typically your "Desktop" and/or "Start Menu"), and other changes that may impact your computer system.
  2. SUBLICENSE REQUIREMENTS.   LANAIR grants you the right to grant limited sublicenses to use the Software to end users of your monitoring services, solely in accordance with the terms set forth in this Section  REF _Ref370831245 \r \h 2. You shall only sublicense the Software pursuant to a sublicense at least as protective of LANAIR's rights as this EULA and which, at a minimum, contains the terms and conditions specified below (the "Sublicense"). LANAIR reserves the right to notify you in the future of additional minimum terms and conditions required under this Section  REF _Ref370831245 \r \h 2. LANAIR will provide you with reasonable notice of any such changes or updates. The following are required minimum terms and conditions: (i) limit the deployment and use of the Software by the end user solely for its internal business or governmental operations; (ii) prohibit transfer of title or any other transfer by the end user except for a temporary transfer in the event of a disaster or duplication of a reasonable number of backup, archival or disaster recovery copies; (iii) prohibit any end user from any reverse-engineering, disassembly or decompilation of the Software and from creating derivative works of the Software; (iv) require that the end user comply with all relevant export laws and regulations to ensure that the Software is not exported, directly or indirectly by the end user, in violation of applicable law; (v) specify LANAIR as a third-party beneficiary to the Sublicense; (vi) require, at the termination of the Sublicense, that the end user discontinue use and destroy all copies of the Software; (vii) state that LANAIR makes no direct warranty of any kind directly to the end user under the Sublicense nor is LANAIR responsible for the provision of any support or maintenance services directly to the end user; and (viii) disclaim LANAIR's liability for damages, whether direct or indirect, incidental or consequential, arising in connection with the Software or the Sublicense.
  3.  
  4. RESERVATION OF RIGHTS AND OWNERSHIP.   The Software is licensed, and not sold, to you for use only under the terms of this EULA. No other licenses or rights are granted by implication, estoppel or otherwise. The Software is protected by copyright and other intellectual property laws and treaties. LANAIR and/or its licensors own the entire title, copyright, and other intellectual property rights in the Software. Except as expressly licensed to you herein, LANAIR and its licensors reserve all right, title and interest in the Software and all associated copyrights, trademarks, and other intellectual property and proprietary rights therein. The license rights granted herein are limited to the intellectual property rights of LANAIR and its licensors in the Software and do not include the intellectual property or proprietary materials of other third parties.
  5.  
  6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.   You may not reverse engineer, decompile, or disassemble the Software by any means whatsoever, or alter, modify, enhance, or create a derivative work of the Software. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Software.
  7.  
  8. PAYMENTS.   You agree to pay the license and other fees as set forth in a Purchase Order between LANAIR and you (the "Fees"). Fees shall be paid on a per-probe basis, unless otherwise stated in a Purchase Order. On the first day of each month, LANAIR shall determine the number of probes utilized by you and adjust your fees owned hereunder (if necessary) for the upcoming month.
  9.  
  10. PRIVACY/CONSENT TO USE OF DATA.   You agree that LANAIR and its affiliates may collect technical and personal information about you gathered during your use of the Software or as part of the support services provided to you, if any, and use such information for the purposes of providing or improving the Software and the services offered to you. LANAIR may also collect and disclose information about you pursuant to LANAIR's Privacy Policy.  LANAIR's Privacy Policy is located at www.LANAIRgroup.com/privpol.aspx and is incorporated herein by reference. By agreeing to this EULA, you accept the terms of LANAIR's Privacy Policy. In the event of a conflict between the terms of this EULA and those in the Privacy Policy, the terms of the Privacy Policy shall govern.
  11.  
  12. DISTRIBUTION.   You may not distribute any copies of the Software to third parties.
  13.  
  14. COMPLIANCE WITH APPLICABLE LAWS.   Compliance with Applicable Laws. You must comply with all laws and regulations applicable to your use of the Software and to the activities engaged in by you through use of the Software.
  15.  
  16. TERMINATION.   Without prejudice to any other rights, this EULA will terminate immediately without notice if you fail to: (i) comply with the terms and conditions of this EULA; or (ii) pay any Fees to LANAIR within thirty (30) days of when such Fees are due. Additionally, either party may terminate this EULA for any reason or no reason upon thirty (30) days' prior written notice to the other party. In the event of termination of this EULA, you must immediately destroy all copies of the Software in your possession and, upon LANAIR's request, provide written confirmation or evidence of compliance with this Section  REF _Ref370818169 \r \h 9. Should you continue to use the Software after termination of this EULA, you will be liable to pay all costs, including reasonable attorney's fees, of LANAIR to enforce this EULA, as well as any damages suffered by LANAIR. Sections  REF _Ref370818191 \r \h 4, REF _Ref370820395 \r \h 6, REF _Ref370818169 \r \h 9, REF _Ref370820411 \r \h 10, REF _Ref370818205 \r \h 11, REF _Ref370818216 \r \h 12, REF _Ref370820437 \r \h 13, REF _Ref370820439 \r \h 15, REF _Ref370820441 \r \h 16,and  REF _Ref370818224 \r \h 17 of this EULA shall survive termination of this EULA.
  17.  
  18. THIRD-PARTY SERVICES OR PRODUCTS.   The Software may contain links to other websites, resources and advertisers. LANAIR is not responsible for such external sites. Third parties may offer from time to time applications or services to access, "plug-in" to or otherwise interact with the Software. Your use of such third-party applications is at your own risk and subject to the terms and conditions of those third parties.  LANAIR MAKES NO REPRESENTATION OR WARRANTIES REGARDING THIRD-PARTY PRODUCTS EVEN IF DOWNLOADED FROM LANAIR'S WEBSITE OR BY MEANS OF A LINK ON SUCH SITE.
  19.  
  20. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
    • a. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE AND INFORMATION AND MATERIAL IN THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITH RESPECT TO THE SOFTWARE AND INFORMATION AND MATERIAL IN THE SOFTWARE, LANAIR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SOFTWARE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SOFTWARE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SOFTWARE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE LANAIR EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SOFTWARE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
    •  
    • b. LANAIR MAKES NO WARRANTY THAT (i) THE SOFTWARE, OR THE INFORMATION AND MATERIAL THEREIN, WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE, OR THE INFORMATION AND MATERIALS THEREIN, WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SOFTWARE, OR THE INFORMATION OR MATERIALS THEREIN, WILL BE CORRECTED, AND (v) THE SOFTWARE AND THE CONTENTS AND SERVER THAT MAKES THE SOFTWARE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
    •  
    • c. ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    •  
    • d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LANAIR OR THROUGH OR FROM THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
    •  
    • e. LANAIR MAKES NO WARRANTY, TAKES NO RESPONSIBILITY FOR, AND EXCLUDES ANY AND ALL FORMS OF LIABILITY WHATSOEVER, FOR YOUR RELIANCE ON THE SOFTWARE OR ITS MONITORING FUNCTIONS. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  21.  
  22. LIMITS ON LIABILITY   LANAIR, its affiliates and its and their respective directors, officers, employees, agents, service providers, licensors and other partners will not be liable for:
    • any loss, costs, expenses or damages, whether direct, indirect, special, consequential, incidental or otherwise, arising in relation to your use of, or reliance on, the Software, including, without limitation, any damages associated with any failure or malfunction of the Software's monitoring functions;
    •  
    • any loss, costs, expenses or damages, whether direct, indirect, special, consequential, incidental or otherwise, arising out of or relating to your use of or inability to use the Software, even if LANAIR has been advised of the possibility of such damages, including but not limited to, loss of profits, loss of data or loss of use damages;
    •  
    • the content of any website not controlled, owned, or operated by LANAIR that is accessed from or linked to the Software;
    •  
    • the content, services or information provided by any website purporting to be operated by LANAIR or its affiliates, but not actually affiliated with, controlled, owned, or operated by LANAIR; and
    •  
    • any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.

    Because some states do not allow the exclusion or limitations of liability for consequential or incidental damages, the above limitations may not apply to you. If you are dissatisfied with any portion of the Software, or with any of the terms of this EULA, your only remedy is to discontinue using the Software.
  23.  
  24. TERMS OF USE.   The Terms of Use governing your use of LANAIR's website and the Software are located at http://www.LANAIRgroup.com/termsofuse.aspx (the "TOU") and are incorporated herein by reference. In the event of a conflict between the terms of this EULA and those in the TOU, the terms of this EULA shall govern.
  25.  
  26. SUPPORT SERVICES.   LANAIR shall provide the following support services: (a) configuration assistance; (b) fine tuning of monitoring; (c) onboarding assistance; and (d) maintenance of the Software. Notwithstanding the foregoing, LANAIR shall not be obligated to provide any direct support to any of your end users of the Software, but may upon your request and in LANAIR's sole discretion, contact such end users with your consent. Any updates, upgrades, supplemental software code or related materials that LANAIR provides to you as part of any support services are to be considered part of the Software and are subject to the terms and conditions of this EULA. Some Software versions may not be compatible with various computer operating systems and LANAIR has no obligation to release updates or upgrades to the Software.
  27.  
  28. EXPORT RESTRICTIONS.   You acknowledge that the Software may be subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
  29.  
  30. GENERAL.   This EULA (including the Privacy Policy and TOU incorporated herein by reference, and any Purchase Orders entered into by the parties hereunder) constitutes the entire agreement between you and LANAIR and supersedes any other communications or advertising with respect to the Software and documentation. If any provision of this EULA is held to be illegal, invalid, or unenforceable under any present or future laws, such provision shall be fully severable, and the remaining provisions of this EULA shall constitute the parties' agreement. LANAIR's failure to exercise or enforce any right or provision on this EULA shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LANAIR in writing. The section headings and sub-headings contained in this EULA are for convenience only and have no legal or contractual effect. In the event of any conflict between this EULA and a Purchase Order, this EULA shall control unless expressly stated in the Purchase Order.
  31.  
  32. GOVERNING LAW.   You agree that this EULA and the relationship between you and LANAIR shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws analysis. You hereby irrevocably and unconditionally submit to the jurisdiction of courts located within the county of Los Angeles, California, or the United States District Court for the Central District of California for purposes of all legal proceedings arising out of or relating to this EULA or your use of the Software and agree not to commence any legal proceedings related thereto except in such court. You irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
  33.   
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