• 
  • SmartPeak WLM
  • Key Features
  • SmartPeak Management Center
  • Reporting
  • Certifications
  • Video Demonstration
• 
  • SmartPeak WLM Solutions
  • SmartPeak WLM for Database Servers
  • SmartPeak WLM for Terminal Servers
  • SmartPeak WLM for Virtual Infrastructure
  • SmartPeak WLM for Web Servers
  • SmartPeak WLM for Workstations
• 
• 
  • SmartPeak Support Overview
  • Software Subscription
  • Technical Hotline Support
• 
  • SmartPeak Partnerships
  • Technology Alliances
  • System Integrators
• 
  • About SmartPeak
  • Press Releases
  • Collateral
  • Contact SmartPeak
  • Legal Information
  • Logo Pack (zip)
  • Site Map

Company Information and Trademarks

SmartPeak Limited (UK Regd Number 05643559) is a subsidiary within the AppSense Group of Companies which consists of AppSense Holdings Limited (UK Regd No 04624261), AppSense Limited (UK Regd No 03873980) and AppSense GmBH.

SmartPeak and SmartPeak WLM are registered Trademarks in Europe and in the USA.

SmartPeak.com Terms and Conditions

This Web site is provided by SmartPeak Limited of 3200 Daresbury Park, Daresbury, Warrington, WA4 4BU (hereafter referred to as SmartPeak ) Company No 05643559. and may be used for information purposes only. By using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions do not use the site or download materials from the site.

Limited Licence

Subject to the terms and conditions set forth in this Agreement, SmartPeak grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.

SmartPeak authorizes you to view and download the information ("Materials") at this Web site ("Site") only for your personal, non-commercial use. This authorisation is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: i) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; ii) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and iii) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorised copying of the Materials. Except as expressly provided herein, SmartPeak does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Disclaimer

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. SMARTPEAK LIMITED DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. SmartPeak RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. SmartPeak MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Third Party Sites

As a convenience to you, SmartPeak may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. SmartPeak makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that SmartPeak or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of SmartPeak or any of its affiliates or subsidiaries.

Information Provided By You

SmartPeak does not want you to, and you should not, send any confidential or proprietary information to SmartPeak via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to SmartPeak will not be considered confidential or proprietary. By providing any such information or materials to SmartPeak , you grant to SmartPeak an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that SmartPeak is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to SmartPeak . You further recognize that SmartPeak does not want you to, and you warrant that you shall not, provide any information or materials to SmartPeak that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Limitations of Damages

IN NO EVENT SHALL SMARTPEAK OR ANY OF ITS ASSOCIATED COMPANIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF SMARTPEAK IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Changes

SmartPeak reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. SmartPeak may terminate, change, suspend or discontinue any aspect of the SmartPeak Site, including the availability of any features of the Site, at any time. SmartPeak may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. SmartPeak may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.

International Users and Choice of Law

This Site is controlled, operated and administered by SmartPeak from its offices within the United Kingdom. SmartPeak makes no representation that materials at this site are appropriate or available for use at other locations outside of the United Kingdom and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of UK export laws and regulations. If you access this Site from locations outside of the UK, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the United Kingdom, without giving effect to its conflict of laws provisions. This Agreement constitutes the entire agreement between SmartPeak and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

End User Software Licence Agreement

The terms and conditions of this End User Software Licence Agreement constitute the only basis on which SmartPeak agrees to supply the Software. All reasonable efforts have been undertaken to bring to your attention the terms and conditions of this Agreement and Licence herein.

1 Agreement

1.1 This End User Software Licence Agreement (“Agreement”) is a binding agreement between you, the end-user (“End User”), and SmartPeak Limited of 3200 Daresbury Park, Daresbury Warrington WA4 4BU, England (“SmartPeak”). PLEASE READ THIS LICENCE AGREEMENT CAREFULLY BEFORE INSTALLING, USING OR DOWNLOADING THIS SOFTWARE PROGRAM. OPENING THE PACKAGING BY BREAKING THE SEAL, INSTALLATION AND/OR USE OF THIS SOFTWARE PROGRAM INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THEM, PROMPTLY RETURN THE MEDIA, THE PACKAGE AND THE ACCOMPANYING ITEMS TO THE PLACE FROM WHICH THEY WERE OBTAINED FOR A REFUND.

1.2 The term “Software” in this Agreement shall mean the machine-readable version of any SmartPeak computer program.

1.3 SmartPeak Software programs are protected by copyright laws, international copyright treaties and intellectual property laws and treaties.

2 Grant of Licence

2.1 You may use the Software in accordance with the terms and conditions of the following licence ("Licence"):

2.2 You are purchasing the media or download file on which the Software is recorded or embedded only, and nothing contained in this Licence shall be construed as an assignment or transfer of any copyright, design right or other intellectual property rights in the Software, all of which rights are reserved and owned by SmartPeak.

2.3 Subject to you complying with the obligations hereunder SmartPeak hereby grants you a non-exclusive, non-sublicenseable and non-transferable Licence to use the Software in the form in which it is supplied at the time of delivery in accordance with and subject to payment of the appropriate Licence fees for the number of Servers (defined as a computer running a server operating system either physically or virtually), Computer Processing Units (CPUs) or desktops/laptops (defined as a computer running a desktop operating system both physically and in any virtual sessions) permitted as set out in your order documentation. A CPU being a processor made up from a single chip that houses a collection of one or more cores. You shall be responsible for and ensure that the Software is properly licensed for the number of Servers, CPUs or desktops as permitted under this Clause 2.3. The Software may only be used for internal business purposes.

2.4 You may make copies of the Software as reasonably required for backup or installation purposes. Such copies and the media on which they are stored shall be the property of SmartPeak and you shall ensure that all such copies bear SmartPeak proprietary notices. This clause shall apply to all such copies as it applies to the Software.

2.5 To the extent that the law grants you the right to configure the Software in order to obtain information necessary to render the Software interoperable with other computer programs used by you, SmartPeak undertakes to make such information readily available to you. SmartPeak shall have the right to impose reasonable conditions on release of such information including applying a reasonable fee for doing so. In order to ensure that you receive the appropriate information, you must first give SmartPeak sufficient details of your objectives and the other software concerned.

2.6 The Licence shall remain effective without limit in time unless and until you fail to abide by the terms of this Licence or this Licence is terminated by SmartPeak in which case the Licence will terminate automatically and immediately. Upon termination of the Licence, you shall deliver up to SmartPeak the media on which such Software is recorded or embedded (and all copies thereof (if any) in your possession) or, at SmartPeak’s option, shall erase or otherwise destroy the Software (and all copies thereof (if any) in your possession) and shall certify to SmartPeak that the same has been done.

3 Restrictions

3.1 You shall not alter, modify, adapt or translate the whole or any part of the Software in any way whatsoever nor permit the whole or any part of the Software to be combined with or become incorporated in any other computer programs nor decompile, disassemble, create derivative works from, reverse engineer to any human-perceivable form nor attempt to do any such things except to the extent and in the circumstances expressly required to be permitted by SmartPeak or by law.

3.2 Unauthorised use or modifications (as in accordance with this Agreement) of the Software by you shall be deemed to be breach of contract and SmartPeak shall be entitled to terminate the Agreement forthwith. Any use of the Software by you not in accordance with this Licence or after the aforementioned termination shall be regarded as unauthorised and unlicenced.

3.3 You are not permitted to rent, lease, sub-licence or lend any part of the Software or its associated documentation. You are not permitted to assign, novate or subcontract any rights or obligations of the Software or the Licence or this Agreement to any third party.

4 Limited Warranty

4.1 SmartPeak’s warranty is limited to the extent that, for a period of 90 days from the date of delivery of the Software to you, the Software will substantially conform to applicable SmartPeak published user manual/documentation specification. SmartPeak does not warrant that the Software will be error free. This warranty shall not apply if you: (i) make or cause to be made any modifications to the Software without the written consent of SmartPeak; or (ii) the Software is used in combination with any software or materials not supplied by SmartPeak or its suppliers; or (iii) the Software is used in an application, or purpose or environment for which it was not intended; or (iv) the Software is used other than is permitted under this Agreement/Licence.

4.2 SmartPeak’s products and Software are not designed, intended or authorised for use in any life saving or life sustaining systems, or for any other application in which the failure of the product could create a situation where personal injury or death may occur. Anyone using or selling products for use in such systems does so at their own risk, although SmartPeak does not restrict in any way its liability for Death or personal injury caused by its error or omissions.

5 Exclusive Remedy

Your exclusive remedy and SmartPeak’s entire liability under this warranty shall be for SmartPeak to use reasonable efforts to remedy any failure of the Software to conform to its specifications provided the failure is reported to SmartPeak or your supplier in writing within the warranty period. This warranty is void if failure of the Software has resulted from accident, abuse or misapplication. Replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.

6 IPR Indemnity

6.1 Notwithstanding Clause 6.2 and subject always to Clause 7.2 SmartPeak will indemnify and keep you indemnified against claims, that the use of the SmartPeak Software in the form in which it was supplied, infringes the intellectual property rights of a third party provided that you will not have the benefit of this indemnity if you have failed to promptly give SmartPeak written notice of a claim, or you have not provided all reasonable assistance to SmartPeak to enable SmartPeak to defend the claim, or SmartPeak has not been given the right to control the defence or settlement of any claim.

6.2 Where SmartPeak is in breach of Clause 6.1, your sole remedy will be at SmartPeak’s option that SmartPeak shall procure for you the right to continue the use of the Software, or to provide modifications to keep the Software in substantial conformity with its Specification, or replace the Software so as to avoid infringement or terminate this Agreement immediately on written notice and refund the Licence fee paid less a reasonable charge for its use to the date of termination.

7 Liability

7.1 Subject to 7.2 in no event will SmartPeak or its Associated Companies (which means in relation to a party, the holding company of such party or any majority owned subsidiary of such party or holding company) be liable for: (a) incidental; (b) consequential; (c) special or indirect damages whatsoever; (d) damages for loss of business; (e) loss of profits; (f) business interruption; (g) loss of business information or data; (h) other pecuniary loss regardless of the form of action, whether in contract, tort (including negligence), (i) breach of warranty or otherwise, even if SmartPeak has been advised as to the possibility of such damages.

7.2 Subject and without prejudice to Clauses 6.1, and 7.1, and without prejudice to your obligation to pay the Licence fee hereunder, the parties' maximum liability (but excluding liability for death or personal injury, or fraudulent misrepresentation) under this Agreement is limited in respect of each event or series of connected events in any twelve month period as follows:
(a) £1,000,000 in respect of physical damage to or loss of tangible property;
(b) £100,000 in respect of all other events.

7.3 The parties' sole obligations and liabilities are as stated in this Agreement and all other representations (innocent or negligent), conditions, warranties and terms express or implied whether by statute, law or otherwise including those made prior to the date of licensing the Software are hereby excluded to the full extent permitted by law.

8 General

8.1 Some jurisdictions do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from jurisdiction to jurisdiction.

8.2 Without prejudice to any of its other rights or the Contracts (Rights of Third Parties) Act 1999, SmartPeak, its Associated Companies or any of its appointed suppliers or resellers of SmartPeak Software shall be permitted and entitled to enforce this Agreement or the Licence herein against you.

8.3 SmartPeak Software is a modular software program and any additional functionality/modules are chargeable and excluded from upgrade/software subscription schemes. SmartPeak uses personal information in accordance with its privacy policy available on its website. www.smartpeak.com

8.4 You confirm that SmartPeak can disclose the fact that you are a paying customer and the edition of the Software that you are using.

8.5 SmartPeak reserves the right to assign this Agreement in the event that it is acquired by a third party through merger or amalgamation, or through acquisition of a majority holding or significant controlling interest by one or more parties.

8.6 This Licence shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby agree to submit to the non-exclusive jurisdiction of the English courts. The United Nations conventions on contracts for the international sales of goods shall not apply to this Licence or Agreement.

Our Privacy Policy

SmartPeak Limited sets out its policy under the requirements under the Data Protection Act 1998 as the data controller for the use of personal information. SmartPeak will employ reasonable efforts to bring this policy to your attention and where appropriate provide options in relation to treatment of your personal information. Personal information includes names, addresses, telephone, fax, email address, title/positions and other such information relating to you as an individual whether you are acting in your own capacity or working in business.

SmartPeak collects personal information in a variety of ways whether you or your organization have made contact with SmartPeak, or SmartPeak has made contact with you. This may include but is not limited to telephone, email, attending training courses, seminars or events, questionnaires or other promotional campaigns.

SmartPeak collects this information in its secure databases in order to record and support your interest in SmartPeak for providing IT products and services, administration, marketing, training, verification for when accessing secure areas (e.g. My-SmartPeak). SmartPeak will also use the information for sales, customer surveys, marketing via telephone, email, post or SMS. SmartPeak may provide your information to SmartPeak suppliers, contractors, partners, goods and service providers and agents for these purposes. Beyond these purposes personal information is also used for the following:

For SmartPeak departments for promotion of unrelated goods and services, for example cross selling.

For SmartPeak associated companies (subsidiary or parent) for the marketing and promotion of their respective company and its goods and services; and for marketing purposes SmartPeak may provide and share your personal information to SmartPeak business partners, suppliers and agents to let you know of any goods, services, events, seminars or other opportunities that may be of interest to you.

The above points are options SmartPeak will present to you to determine whether or not your personal information should be used to participate in the same, unless you have already exercised your options from the outset when providing your personal information. From time to time it may be necessary to clarify options you may have exercised, for instance when it is not clear where you do not wish your personal information to be used.Or, if fresh/new opportunities present themselves that may be of interest to you and we may request you to make a decision.

By supplying your information to SmartPeak you consent to it being processed or transferred outside of the European Economic Area.

You in turn may provide personal information to SmartPeak relating to another individual and this information is given and received by SmartPeak on the basis the other individual has given their agreement and consent to the passing-on of their personal information for SmartPeak to use as provided in this policy.

Monitoring Communications

SmartPeak monitors and/or records communications for the purposes of security, improvement of SmartPeak goods and services and staff training.

Use of Cookies

The SmartPeak website employs the use of cookies to facilitate your visit and make browsing easier. Cookies will not contain and are not used to collect personal information. However, our web servers automatically log the IP/Internet address of your computer; this information does not identify you personally.

Updates and Amendments

You have the right to access and correct your personal information and privacy preferences. This may be accomplished from time to time when SmartPeak may contact you or by you in writing to the webmaster at webmaster@smartpeak.com. SmartPeak reserves all rights including intellectual property, copyright, database rights and the right to update or amend this Policy.

SmartPeak and Deepmetrix Livestats.NET

SmartPeak uses Livestats.NET to monitor the usage of SmartPeak.com. More information about this software can be found at DeepMetrix.com which includes legal disclaimers for this software.
© 2005-2006 SmartPeak Limited, All rights reserved.