1.1. “We” or “Us” or “Smart-X” or “Our” or the “Company” refers to Smart-X Software Solutions Ltd. an Israeli limited liability company, having its main place of business at 12 Hamelacha Street, P.O.Box 1122, Lod, Israel, 71100.
1.2. “You” and “Your” refers to the entity and/or individual person consenting to, and entering into, this Agreement.
1.3. “Software” refers to the software, in object code format, made available to You together with its EULA, including the Main Console and Agents ,in addition to but not limited to (i) third party`s software incorporated therein; (ii) related explanatory written materials (“Documentation“); and (iii), any patches, updates, modified versions, additions, service packs and upgrades, if any, which may be provided by the Company from time to time (“Updates & Upgrades“).
1.4. “License Program” refers to a certain combination, marked and chosen by you in the Registration Form.
1.5. “Support Services” refers to those support services available at http://www.smart-x.com/support/support-statement/
1.6. “Annual License Fee” refers to the respective amounts payable to Smart-X per one year of use of the Software in accordance with the relevant License Program.
1.7. “Monthly License Fee” refers to the respective amounts payable to Smart-X per one month of use of the Software in accordance with the relevant License Program.
1.8. “Main Console” refers to the IT Management system, known as “Smart-X ControlUp” in the edition stipulated in the License Program You subscribed for, while installed on your Server.
1.9. “Agent” refers to any piece of software code We provide you (deployed from the installation package installed with the Main Console), and is installed on all, selected, or none, of Your End Points.
1.10. “Our Servers” refers to severs belonging to Us and/or third party hosting service providers we use.
1.11. “End Point” refers to each hardware or virtualized based station monitored by the Main Console under the terms of this EULA, including, without limitation, personal computers, laptops, terminal services, VDI, servers, screens etc.
1.12. “Server” refers to a single piece of hardware enabling the installation of the Main System on its storage device and the operation there from.
1.13. “ControlUp User Account” refers to each instance of a unique username and password enabling authenticated access to the Main Console.
1.14. “User/s” refers to You and any individual assigned for an Controlup User Account.
1.15. “Concurrent Sessions” refers to the number of sessions currently established on all of your End Points. The total sessions count is a sum of user sessions and system (services) sessions. On Terminal Servers every user session is count as a single session. A workstation consumes one session, whenever a user is logged on to it. Each server of any other kind (DC, Exchange, SQL, File Servers, etc.) consumes 5 Concurrent sessions, even if no users are currently logged on to it.
1.16. “Registration Form” refers to the form you filled in the registration process where you stipulate the License Program you desire, and further details.
1.17. “Offline Activation File” refers to a file which will be received by You and uploaded by you to your server, which holds, inter alia, the details of you License Program as approved by us, and further details. And allow the Main Console to operate without connection to Our Servers
1.18. “Offline Mode” refers to an operation of the Main Console where NO data is sent to Our Servers through the Main Console.
1.19. “Online Mode” refers to an operation of the Main Console where certain login configuration and licensing information resides on Our Servers and where the Main Console securely communicates with Our Servers exchanging information as defined below.
2. Data sent to ControlUp Servers when working in an Offline Mode:
3. Data sent to ControlUp Servers when working in an Online Mode:
220.127.116.11. User selected ControlUp’s organization upon logon.
18.104.22.168. User configured ControlUp’s Stress settings.
22.214.171.124. User configured ControlUp’s Security Policy settings.
126.96.36.199. User Login information such as login date/time, login count, login IP address and usage duration.
188.8.131.52. Various User requests / forms such as Bug Report, Feature Request, Offline Authentication File Request, Feature disable request and other requests made by the User.
184.108.40.206. Generated ID’s for ControlUp’s User Account, Organization and Environment.
220.127.116.11. License Program Class – The class to which the usage of the Main Console belongs to.
18.104.22.168. Static computer information, displayed in ControlUp’s Computers view while remote computer is not connected to ControlUp Console.
22.214.171.124. Remote Desktop configuration information (No credential information is ever sent!)
3.1.2. Information which is NEVER sent to ControlUp servers when working in either Online or Offline Modes:
126.96.36.199. Active Directory users’ credentials information set by the user.
188.8.131.52. End Users and session information, displayed in ControlUp’s Accounts and Sessions views.
184.108.40.206. Processes and applications information, displayed in ControlUp’s Processes and Executables views.
4. Use of Collected Information
Smart-X reserves the right to compile, save, use within the scope of Smart-X activities, and analyze any and all data collected. Smart-X intends to use such data for internal purposes only, including without limitation for the purposes of responding to User’s requests, product improvements and for contacting the user.
5. Choice/Opt Out
We may periodically send You, information regarding Smart-X, its products and services. If You do not wish to continue receiving such information, please contact Smarts-X at support@smart-X.com and let Us know that You no longer wishes to receive such information. Alternatively, you can simply reply to an email from Smart-X and type “REMOVE” in the subject line.
6. Disclosure of User Information
We will, to the extent possible, control User information, and, except as otherwise set forth herein, not disclose such User information to third parties. However, in the event disclosure of any User information by Smart-X is required by law, Smart-X may disclose such User information without the consent of User.
Smart-X uses reasonable security measures to safeguard information concerning, and submitted by, users. Despite the above security measures employed by Smart-X, users should be aware that it is impossible to guarantee absolute security with respect to information sent through the Internet.
Copyright 2013 Smart-X Software Solution Ltd. All Rights Reserved.
Last Updated 1/2/2013