HMPro
NEW! --
HORM Manager Pro documentation
This word document is also part of the eval version
download.
Attention!
HORM Manager PRO is discontinued.
Attention
By downloading, installing, copying or otherwise using the Software, you
agree with Wechsler Consulting to be bound by the terms and conditions
of the software license agreement. Please read the license agreement in
chapter 8 carefully.
Hibernate
Once Resume Many (HORM) is a very powerful feature in an XP embedded system.
It enables fast boot times and leveraging the XPe EWF write protection of
sensitive partitions, very robust embedded systems can be built. However, it
has never been easy to configure or maintain XP embedded in HORM mode until
now.
Wechsler
Consulting’s HORM Manager Pro enables the Windows XP embedded developer to
work with HORM in a very easy and painless way. It provides the means to
guarantee data consistency in mixed configurations of protected and
unprotected disks by controlling applications and mounted partitions e.g.
during the creation of a hibernation file to boot.
Administrators are able to create command files on their XP Pro desktop
machines and to distribute them easily into the field. Doing this they are
supported by the HMPro rule engine that warns or disallows impossible or
senseless configurations and gives advice on how to handle special
situations.
With the
help of an execution plan all planned steps, such as reboots, hibernations
and the starting and stopping of applications and services can be seen at a
glance, without running the command file.
HORM
Manager Pro feature overview:
-
Enable
HORM and/or EWF automatically.
-
Disable
HORM and/or EWF automatically.
-
Protect
your EWF unprotected volumes from possible damage when enabling HORM.
-
Control
(start and stop) any applications or services
-
Reconnect network drives every time after wakeup from hibernation (with
PW encryption)
-
Create
and update hibernation files
-
Use
HORM to boot your device faster regardless of the shutdown method (even
after power failures)
-
Schedule maintenance windows for your filed devices with HMPro and
Windows Task Scheduler
-
Use
HMPro as part of Your update and maintenance scripts
-
Use
HMPro from command line
-
Enable
extensive Logging to trace system misbehaviours
-
Use
HMPro with custom shells (no dependency on explorer shell)
-
Quick
commands enable fast control of HORM and EWF in the field
HORM
Manager Pro is a utility that sits on top of the EWF, XPe power management
as well as the Win32 APIs. It uses
them to control HORM, EWF and application/service behaviour. HMPro executes
a command file, which has been created before by a user on an XPe or XPPro
system. To run HMPro in the field administrative rights are required. This
is due to the fact that changing the write protection or power management
behaviour is an administrative task.
HMPro comes
packaged in three versions. Two are the retail and debug builds of the XP
embedded component and one is a ZIP archive for installation on a normal XP
Pro desktop machine. On XP Pro it is only possible to create a command file
and see the execution plan for XP embedded devices. In any case it is
recommended to test this command file on a XPe system before rolling it out
into a larger installation in the field. Command execution on XP Pro is not
possible because EWF and HORM are not available on XP Pro.
Picture 1:
HMPro architecture
It is
recommended to use HMPro as the only HORM/EWF control tool. Changing
settings additionally e.g. with ewfmgr.exe may result in misbehaviour of the
system or even data loss.
First thing
to know about HMPro commands is that there are two general types of commands
from which you can choose.
A micro
command stands for itself. So if you choose for example to start an
application only this command will be added to the command list.
A macro
command is composed from several micro commands. This means if you choose,
for example, to enable HORM and EWF was not enabled before then three micro
commands automatically will be added to the command list, “Enable EWF”,
“Restart Device”, and “Enable HORM”. These commands will be highlighted
green to indicate that these commands belong to a macro command.
Macro
commands are generated by HMPro only. There is no way to create them
manually.
This macro
command consist always of the two micro commands “Enable EWF”, and “Restart
Device”. It will first set the EWF boot command to “Enable” and then restart
the device.
This macro
command consist always of the two micro commands “Commit Changes”, and
“Restart Device”. It will first set the EWF boot command to “Commit” and
then restart the device.
-
Commit
Changes and disable EWF live:
This
command is a micro command which commit changes and disable EWF. If HORM was
enabled HORM will be disabled, too.
Use this
command with caution. See 3.1.5 to read something about the risks of this
command.
This is a
macro command which consist of two micro commands. The first micro command
is “Disable EWF”. This micro command will set the EWF boot command to
“Disable”. The second micro command will restart the device.
This
command can be a macro command. If EWF is not enabled then three micro
commands will be added to the command list. The first command is “Enable
EWF”. The second command is “Restart Device”, and the last command is
“Enable HORM”.
If EWF is
already enabled, then this command is a micro command. In this case only the
command “Enable HORM” will be added to the command list.
-
Unmount
drives and enable HORM:
This
command can be a macro command. If EWF is not enabled then three micro
commands will be added to the command list. The first command is “Enable
EWF”. The second command is “Restart Device”, and the last command is
“Umount drives and enable HORM”. This will unmount the selected drives and
enable HORM. Every time after wakeup the drives will be mounted again.
If EWF is
already enabled, then this command is a micro command. In this case only the
command “Umount drives and enable HORM” will be added to the command list.
Disable
HORM is a micro command and will disable EWF and HORM in live mode. Use this
command with caution.
This
command is a micro command. It can only be added to the command list, when
HORM is already activated.
-
Unmount
and update Hibernation File:
This
command is a micro command. It can only be added to the command list, when
HORM is already activated. It will unmount the selected drives, update the
hibernation file, and mount the drives again every time after wakeup.
This is a
micro command. It will start an application. This command is only allowed
when EWF is already enabled.
This is a
micro command. It will stop an application.
This is a
micro command. It will start a service. This command is only allowed when
EWF is already enabled.
This is a
micro command. It will stop a service.
One
important thing to remember while building the command file is that the
built-in rule engine of HMPro is checking, if the inserted command is
possible and making sense at the specified location. If it is not suited,
the user gets notified with an explanation why the command was rejected.
HORM
Manager PRO offers several dialogs to the user. Three of them are described
here, the main dialog, the command builder dialog, and service selection
dialog.
In the main
dialog one controls the HORM activation process. It provides you buttons to
activate EWF and HORM without the use of a command list (quick commands) as
well as the possibility to create command lists which then can be executed.
For example to activate HORM.
To close
the HORM Manager you will have to click the “X” button in the upper right
corner of the dialog or by choosing the menu entry “Exit HMPro” in the tray
icon menu of the HORM Manager. You can also minimize to a tray icon, if run
in explorer shell.
Picture
2: HMPro main dialog
The
main dialog has nine logical sections. Each one will be described now.
3.1.1.
Section 1 – Command List
The first
section shows the present commands in the loaded command file. The example
picture shows three commands which are highlighted green. This means that
these commands are part of a macro command. Each list entry has eight
columns. The first column is a number for the command. This column is for
informational purpose only. The second column contains the description of
the command. The “Start” column contains an “X”, or “X finished”, or
nothing. The “X” marks where in the command file the execution will
continue. The only column which should contain “X finished” after the
command file has been executed is the last column. It indicates that the
execution of the command file has been finished. The delay column contains
the delay value. The delay value for the command indicates how long, in
seconds, the HORM Manager will wait until it will execute the command. The
“Program” column will only be filled if the command should start or stop an
application, or service. It will hold the name of the Executable, or
service.
The “Command Line” column will be filled with the command line which the
HORM Manager should use to execute an application. The only exception is the
unmount command. If the command should unmount a drive then this column will
hold the drives that should be unmounted, and after wake up mounted again.
The column “EWF” and “HORM” are telling if EWF and/or HORM are enabled when
this command will be executed. If you want to see the actual status of the
command you should refer to section 6 of the main dialog.
If you want to modify the command list, which means adding a command,
inserting a command, removing a command or modifying a command, you should
use the buttons in section 3 in the main dialog. Optionally one can use the
context menu of the command list control by right clicking into the command
list.
In the list on the image you can see one list item highlighted yellow and
one list item highlighted in a darker green. This indicates that after this
command the user of the device has to manually turn on the device. This is
required every time the device entered the hibernation mode.
Additionally, highlighting in yellow indicates that this command is not part
of a macro command and highlighting in dark green means that the command is
part of a macro command.
3.1.2.
Section 2 – Move Commands
Section 2
of the main dialog contains two buttons. You can use these two buttons to
move a micro command up and down.
To do so, mark the command you want to move and then click one of the
buttons.
3.1.3.
Section 3 – Command List Alteration
Section 3
in the main dialog is used to modify the command list. To add a command
click “Add”. This will open the command builder dialog.
If you want to insert a command you can first mark the position in the
command list where you want to insert the command and then click “Insert
before”. Another possible way is to first click “Insert before” and then
click onto the position where you want to insert the command. If you chose
the second way all buttons, except “Cancel Action” in section 3 will be
disabled.
You will need to click “Cancel Action” to cancel the selected action to
re-enable the buttons.
The same procedure is also used during the actions “Remove”, “Modify”, and
“Remove All”. You can also choose the context menu of the command list to
modify the content of the list. This menu offers the same options as section
3 of the main dialog.
Attention:
When you
remove a macro command all commands in the command list which belong to this
macro command will be removed as well. All following micro- and macro
commands will be removed also to prevent inconsistencies.
The button “Reset” can be used to reset the command which will be executed
next. See the field “Start” in the command list to check which command will
be executed next if you choose to execute the command list. This can only
occur if something went wrong during execution of the command file. After a
successful execution the start point is automatically resetted to position
1.
3.1.4.
Section 4 – Menu
There are
two menu entries in the applications menu. The first one is “File”. In this
menu you can find three items. “Save” which is used to save the command list
to the currently selected file. “Save as” will open a file dialog. There you
can choose where the command file should be located and you can enter a
custom name for the command file. “Open” will open an already existing
command file and “Close” will close the application.
“Settings” will open a dialog. Here you can change the name and the path of
the command file and the log file. You also can turn logging on and off.
When you turn logging on, there are two log files created, an application
log and an UI log.
Every program error will be logged in log files having the name you have
chosen plus a number from 1 to 5, for example “hmlog1.txt”. Every time HMPro
is run the number is incremented by one. When 5 is reached the program will
start over with 1 keeping the history of the last 5 runs.
Additionally every UI message which in the UI is added to status history
will be added to an UI log file, called “hmlogUI.txt. Information from
cammnd executions is continuously added to this file.
The last to options in the settings windows specify a custom string for the
caption of the main dialog and a path for the custom banner of the main
dialog. Here OEMs or device manufacturers can adjust HMPro to their or their
customers corporate identity.
Picture 3:
HMPro Settings dialog
The
other menu entry, “Tools”, has to sub items. “History” will open a dialog
which presents the current application history since the application has
been started. Here one can find entries about added commands or possible
errors during execution.
“Execution Plan” will open a dialog with a read only text box. The text box
will hold a detailed plan of the actions specified by the command list
currently selected. It informs the user about what exactly will happen, is
the script is executed.
The sub menu item “Reset Startpoint” is useful in unlikely that the
application has done it’s work or was interrupted in the middle of the
command list execution and has not resetted the internal starting point in
the command list. In this case “Execute” button is disabled. After resetting
the starting position it will be reenabled.
The menu “About” is currently holding only one sub menu entry to open the
about box.
3.1.5.
Section 5 – Quick Commands
Section 5
contains the check boxes for all quick commands. Here one can activate the
EWF for the main partition, which means first protected partition, as well
as HORM. You can also deactivate both or HORM alone.
Attention
Enabling
HORM live will require enabling EWF first. If EWF is enabled the “Enable
HORM live” button will be enabled, otherwise it will stay disabled.
Disabling only HORM will require a restart of the device.
CAUTION!
If you
choose to disable HORM and EWF in a single step, HORM Manager Pro will
use the “disable HORM and EWF live” command, which means no reboot is
required. The disable progress indicator will open to show the user that
the HORM Manager is working.
You should NEVER try to stop the execution of HORM Manager by force, for
example killing the process by using the Task Manager.
Normally the EWF disabling will take only a few seconds. But it seldom
happens that this process will take up to an hour. However, trying to
stop this process can, in the worst case, destroy your file system.
When you
have selected a check box every control on the application is disabled
except the check box you selected and the “Execute” button. When you press
“Execute” the application will execute the selected quick command not the
command list. By simply deselecting the check box you will re-enable the
disabled controls.
3.1.6.
Section 6 – HORM/EWF Status Information
Section 6
will show you the current status of HORM and EWF on your device. If one of
the two is enabled the accompanying status text will read “enabled” as well
as the icon will change to a green light, else the icon will show a red
light and the status text will read “disabled”.
3.1.7.
Section 7 – General Actions
Section 7
holds several general controls. The check box “Close after execution” will
control how the HORM Manager behaves after execution. If it is checked the
HORM Manager will close itself after execution. If it is not checked it will
continue running. You will see the HORM Manager icon in the system tray in
this case.
The button execute will be enabled if there are commands in the command
list, and if the execution is not finished. If you have made changes to the
command list you will also have to save these changes first. Executing the
command list will use the current selected command list file to execute its
commands. You can see which command file is selected when you look at the
caption of the main dialog.
The button “Save” will be activated when you make changes to the command
list. Changing commands in the command list will also disable the button
“Execute” to force you to save your changes before you can execute the
command list.
3.1.8.
Section 8 – Customized Banner
In
the marked space of section 8 a customized banner can be displayed. To do
this the user has to provide a BMP file having the dimensions
220x90
pixels. To load the banner, you have to set the path of it in the settings
dialog which can be reached by the menu entry “File”->”Settings”.
3.1.9.
Section 9 – Customized Caption Text
The marked
text of section 9 can be customized as well, for example another company
name can be used here to let HMPro better fit into the corporate identity
scheme. To change the caption text you have to provide your own text in the
settings dialog which can be reached by the menu entry “File”->”Settings”.
3.1.10.
List Legend
A legend
above of section 5 explains the colour coding of the command list to the
user.
3.1.11.
Tray Icon Menu
You can
access the tray icon menu by right clicking onto the icon. The menu contains
several entries.
Opens the
main dialog of HMPro.
Enables EWF
and HORM. To do so HMPro needs to restart the device and afterwards enter in
hibernation mode. After device has entered the hibernation mode you have to
start the device manually.
Disables
EWF and HORM live. Use it with caution. See paragraph
3.1.5
for more information.
Enables
HORM only. This menu item will only be enabled when EWF is already active
for the main partition.
Disables
HORM only. HMPro needs to restart the device to do so.
Resets the
start point of the command list to the beginning.
Executes
the command list.
Exits
HMPro.
The command
builder dialog is used to build or to modify a command. It opens every time
you choose to add, insert, or modify a command. When you modify a command
this dialog will be initialized with the command parameters and the command
selection combo box will be disabled.
Picture 4:
Command builder dialog
The command
builder dialog splits up into three sections:
3.2.1.
Section 1 – Command Selection
This
section is used to select the command type. To select it use the combo box.
Regarding to the selected command other controls on this dialog will be
enabled or disabled.
The delay
text box is the only control which is enabled for every command. Here you
can enter a delay in seconds which tells HORM Manager to wait for the
specified time till this command will be executed.
3.2.2.
Section 2 – Application/Service Selection
The first
text box in this section will only be enabled if the selected command is a
command to start or stop an application. If you want to start an application
the second text box, “Command Line”, will also be enabled. You can enter the
application path by hand or you can use the browse button, “…”, to browse
for the executable. HORM Manager Pro will search for the executable in the
directory “System32” of the windows
directory on the machine, if you don’t provide a complete application path.
If HMPro cannot find the application you will not be able to close the
command builder dialog by clicking “Ok”.
If you
choose to start or stop a service only the browse button next to the first
text box in this section will be activated. By clicking on this button in
this case will open the service selection dialog. This dialog will list all
available services and their status. It additionally can be filtered if
driver services should be displayed (see paragraph 3.3). You then can specify the service to start or to
stop.
3.2.3.
Section 3 – Directory Selection
Section 3
lists all valid drives of the executing device. Each list entry contains the
drive letter as well as the EWF protection status. The last field contains
the drive type. The only drive which will not be included into this list is
the boot partition. This drive cannot be un-mounted in any scenario.
The drive selection area will be activated when you choose to unmount and
enable HORM or when you choose to unmount drives and update the hibernation
file. If you want to unmount and after wakeup mount a specific drive just
check the drive in the check box.
If the drive is a network drive the username and password textbox will be
also enabled. Here you can enter the username and password, which is needed
to re-connect the network drive.
Caution!
Looking at security reasons you should use a user account on the folder
sharing computer which is specifically used for the connecting device.
This account should have very restricted privileges and you should not
use important passwords. Password and username are ciphered in the
command file but this does not mean that it is impossible for a
professional hacker to retrieve the credentials from this file.
Due to this, the best protection would be to delete the command file
after it is no longer needed.
The service
selection dialog is a custom made dialog. It simply lists all services
installed on the running device. This dialog is needed because normally no
one knows the correct names for all services on a computer. Through this
dialog wrong entries in the text boxes are prevented.
The dialog, see the following image, only contains a list of all services
installed on the device. The first field of a list item shows the
description of the service, if one is available. The second field of the
list item shows the short name of the service which is used to start or stop
the service. The third field shows the actual status of the service.
Normally the status is “stopped” or “running”. After selecting a service
just click “Ok” and the short name will be copied into the
application/service text box of the command builder dialog.
You can also select the check box in the lower left corner of the dialog.
This will refresh the service list and add all service device drivers to the
list also.
Picture 5:
HMPro service selection dialog
There are a
few command line parameters which you can use to execute HMPro in a script.
It follows a short list of all possible command line parameters:
-
-help
-
-Run
Will directly execute command file given by command line or by registry.
-
-Close
This will close HMPro after execution of command file.
-
-file:"<command file>"
This will use the specified script file.\r\n'minimized'\t\tWill open
HMPro minimized to tray icon.
-
-log:"<log file>"
This will use specified log file for error logging.
-
-help
or -?
Displays the help dialog
Example:
HMPro –run –file:”D:\hmsteps.hmc” –Close –log:”D:\hmlog.txt”
This
command will run HMpro with the named command file and close it. Errors will
be logged to the logfile provided.
There are
quite a few rules which the HORM Manager Pro applies when you try to add a
command to the command list or when you try to move a micro command in the
command list up and down. In the following section a description of commands
and rules that apply to these rules is provided.
If your command selection tries to break one of the following rules, HMPro
will prevent this and show a message box, why the command has been rejected.
First of all it is important to recognize the state of EWF and HORM. These
two states are altered with each step of the execution of the command file.
HMPro also takes care that the initial state of the XPe system and the
loaded command file is the same. If it is not the initial state looking at
EWF and HORM of the command file is restored.
The following rules apply for all actions in the command script. The rule
engine always checks the state for EWF and HORM looking at the preceding
command to guarantee a valid command chain. For the first command the state
of the current system is used to do this evaluation.
Rule - starting an application
or service:
Assumption
is that you want to start an application or service to make sure your
hibernation mode will wake up with the selected application or service
started. So it makes no sense to start an application or service in the
command list before EWF is enabled because the device needs a restart to
enable EWF, which will ill the application again.
The same is true for moving these types of commands up and down in the
list.
Rule -
disable EWF:
If it is
off, you cannot disable it. But it is possible to disable EWF at the
beginning of the command file when EWF is enabled on the machine, while you
create the command list.
Rule -
disable HORM:
If it is
off, you cannot disable it. But it is possible to disable HORM at the
beginning of the command file when HORM is enabled on the machine, while you
create the command list or if you add an enable EWF command to the list
first.
Rule -
enable EWF:
If it is
on, you cannot enable it.
Rule -
enable HORM:
If it is
on, you cannot enable it.
Rule -
update Hibernation File:
To update
the hibernation file HORM must be enabled first. If this is not the case,
the command is not allowed.
HORM
Manager is shipped as a Windows XP Embedded component. You will first have
to import the SLD file into the XP embedded component database. Then the
HORM Manager Pro component will be available under
Software->System->Management.
The HORM
Manager Pro Component is divided into two sub components. One is for the EWF
RAM configuration and the other is for the EWF RAM(Reg) configuration.
These are the only two allowed EWF configurations which can be used for
HORM. In either case the components “Enhanced Write Filter”, “Power
Management Application”, and “EWF API” will be added to your target
configuration if they are not part of it already. The HORM Manager Pro
component will also add several registry keys to your target configuration.
If you use
the RAM component you won’t have to do additional configuration work in the
EWF component.
If you want to use EWF in RAM(Reg) mode you will have to disable the FBA
DLL/COM registration resource in the enhanced write filter component,
manually.
If you want to boot your device from another partition then the first
partition you will also have to change a registry key in the HORM Manager
Pro Component. You will have to adapt the ARC path in the registry key
“HKLM\Software\CurrentControlSet\Services\ewf\Parameters\Protected\Volume0\ArcName”.
To enable
HORM for the target configuration, please make sure that hibernation is
supported. You can enable the hibernation support in the ACPI component of
your target configuration. It is also important that the correct graphics
device drivers have been installed, if you are not building a headless
device. If you don’t provide the correct graphics device drivers,
hibernation cannot be supported and so you won’t be able to turn on HORM.
5.1.
Admin Package
In addition
to the XP embedded component there is also a ZIP archive available that
allows the installation (just unpacking) on XP Pro. This package is intended
to give administrator the ability to create command files on their desktop
system for later testing and redistribution on XP embedded devices.
Attention
Please
be aware that this package is not able to offer all the functionality as
available on an XP embedded system. It will be limited to scenarios
starting with EWF and HORM turned off.
The
following example shows you how to set up a target configuration with the
EWF RAM(Reg) configuration and how you can afterwards use the HORM Manager
Pro to enable HORM and prevent the corruption of the file system, when you
use unprotected data partitions.
First you
need to import the HORM Manager Component into the component database. Use
Component Database Manager to do this.
Open the
Component Database Manager and click “Import”.
Picture 6:
Component Database Manager
Browse to
the folder where you have saved the HORM Manager Component, select it and
afterwards click “Import.
Picture 7:
Import Results
Make sure
that the last line of your import log looks the same as the provided screen
shot.
Start the
Target Designer and create your configuration. Add the HORM Manager Pro
Component under “Software\System\Management”. Afterwards make a dependency
check with auto resolve turned on to make sure all components have been
added.
Configure
the Enhanced Write Filter. Deactivate the FBA DLL/COM registration for the
Enhanced Write Filter.
Picture 8:
Disabling FBA Ressource
Enable hibernation support for your target configuration in the ACPI
component. This component can differ depending on the used hardware, it
could also be e.g. Standard PC.
Picture 9:
Enabling Hibernation
Now you can
build your target image and start the device. Let the FBA do its work and
start the HORM Manager Pro after you have logged on. You can use the
shortcut in the “All Programs” menu of your start menu to start HMPro, if
you are using an explorer shell.
After
starting the HORM Manager you will see the main dialog. Click “Add”, this
will open the command builder dialog. Select “Enable HORM” in the drop down
box. Click “Ok”, this will add three micro commands “Enable EWF”, “Restart
Device”, and “Enable HORM” to the command list.
Picture 10: HMPro Command List
Now click
“Insert Before” and click on the micro command “Enable HORM” this will open
the command builder dialog. Select “Start Application” from the drop down
box and select an application you want to start after wakeup.
Picture 11: Adding a Command
Click “Ok”
and afterwards save the changes. Now you are ready to execute the command
list. Click on “Execute” and let HORM Manager Pro run the commands.
HORM
Manager Pro supports the following system configuration:
-
XP
embedded SP2
-
Boot
partition protected by EWF in RAM or RAM/REG mode.
-
EWF
should be turned of after the FBA process completed.
-
Any
further unprotected number of partitions e.g. D, E,...
-
Any
number of connected network shares
-
Hibernation activated in Windows power management.
PLEASE READ CAREFULLY BEFORE USING THIS
SOFTWARE.
Article
1 - GENERAL
This Software
License Agreement (hereinafter "this
Agreement") is a legal agreement between you, the customer
or licensee (either an individual or a legal entity that directly or
indirectly acquires this Software for installation on its application/system)
and Wechsler Consulting GmbH. The copyright of this software (hereinafter "the Software" or "HORM
Manager Pro") and its associated documentation (including
any files, source code, images, photographs, animations and text
incorporated into the Software) as well as any accompanying written
materials is owned by Wechsler Consulting GmbH & Co. KG("the
Owner" or "Wechsler
Consulting") whose registered office is at Seerichterstrasse
33,
86911 Dießen, Germany, and is
protected by German copyright laws and regulations and, as far as these are
implemented into German law, by international treaties.
By
downloading, installing, copying or otherwise using the Software, you agree
with the Owner to be bound by the terms and conditions of this Agreement,
which will govern your use of the Software. If you do not agree to this
Agreement, do not download, install or use the Software. Any offence against
this Agreement will be prosecuted to the fullest extent of the law. You will
be held responsible for any employees or users who receive the Software and
in turn make unauthorized copies.
You may copy
the Software to another disk or media, for the purpose of backup protection
only in the event of a system wide crash. Installation of the Software onto
a system that you use, means that you have accepted and agreed to the terms
that govern the use of copyrighted software.
Should one of
the provisions of this Agreement be or become ineffective, this shall not
affect the validity of the remainder of this Agreement.
You should
carefully read the following terms and conditions before using the Software.
Article 2 - GRANT OF LICENSE
Wechsler
Consulting grants to you and you accept, subject to the terms and conditions
set out in this Agreement, a nonexclusive, nontransferable, nonsublicensable,
and revocable right to use the Software solely and strictly in accordance
with the following conditions and restrictions. You hold full responsibility
for assuring that all users of the Software provided access under the
provisions of the Software license adhere to all provisions and prohibitions
of this Agreement.
CPU
License. Use the Software
on 1 (one) physical or virtual machine in an Intranet/Extranet, or over an
Internet installation with non-anonymous or anonymous users. The use is
limited to the number of CPU licenses bought with/for the Software. Absent a
purchase of additional CPU rights, this Software may be used only on the
licensed physical or virtual machine containing 2 (two) or fewer CPUs as
indicated by the operating system. One CPU license is required for each CPU
of the machine running your application/system which embeds HORM Manager
Pro. Licenses for additional CPUs can be bought from Wechsler Consulting. It
does not matter how HORM Manager Pro is technically separated from your
application/system. Regardless of where or how HORM Manager Pro is loaded,
all CPUs that serve the application/system which embeds HORM Manager Pro
must be licensed. A CPU license includes access for an unlimited number of
users to connect from either inside the corporate local area network (LAN),
wide area network (WAN), or outside the firewall.
Processor (=CPU). Absent a
purchase of additional CPU rights, this Software may be used only on the
licensed physical or virtual machine containing 2 (two) or fewer CPUs as
indicated by the Java VM. One CPU license is required for each CPU of the
machine running your application/system which embeds HORM Manager Pro.
Active/Passive. The only
permissible exception to the above requirements for a CPU license is a
purely passive machine or server in an active/passive fail-over cluster. If
the Software is used in a clustered environment, the licensee may use the
Software on a temporary basis on a machine or server that is employed only
for fail-over support (the "passive machine or server") so long as the
number of CPUs on the passive machine or server does not exceed the number
of CPUs on the licensee’s primary active machine or server. In this
configuration, the passive machine or server does not require a CPU license.
Active/active configurations require licensing both machines or servers as
usual.
Multiplexing using Middleware and Multi-Tiered Architecture.
Multiplexing is the use of hardware and/or software to reduce the number of
devices that directly access or use the Software on a particular machine or
server. An example of multiplexing is a server application that calls a
process on one server, which in turn pulls data from the Software on another
server. The client computer has a direct connection to the server running
the process, but it also has an indirect connection to the other server
because it is ultimately retrieving and using the Software data through the
server running the process. Use of such multiplexing, pooling, or related
hardware and/or software does not reduce the number of CPU licenses required
for the Software. Regardless of how many tiers of hardware or software exist
between the server(s) and the client devices that ultimately use its data,
services, or functionality, a CPU license is required for each distinct
input to the multiplexing, pooling, or related software or the hardware
front end.
You are not
permitted to:
(a) make
copies of, or distribute any parts of the Software.
(b) rent,
lease, sub-license, loan, copy, modify, alter, adapt, merge, translate,
reverse engineer, decompile, or re-package the Software into another product,
or to disassemble it or create derivative works, based on the whole, or any
part, of the Software or its associated documentation. Reverse engineering
and modification however is permitted for those parts of the Software that
are based on third party libraries which are licensed under a different
license, but only if required by that license or in case of statutory
provisions.
(c) copy the
Software for the purpose of illegal distribution.
Wechsler
Consulting will provide you with an unlock key or unlocked version which
enables the use of the Software license. The information contained in the
unlock key will include among others the type of license and the number of
licensed CPUs. You might also have to provide the names of the machine on
which the Software will be installed. Wechsler Consulting further reserves
the right to introduce and use appropriate license enforcement techniques in
its software, which are designed to prevent illegal use or distribution of
the Software. The license enforcement techniques might require activation of
the Software license. This may require establishing a temporary network
connection to a Wechsler Consulting web service. Wechsler Consulting
reserves all rights to modify the license enforcement techniques used in the
Software at any time.
If you
possess an evaluation or demonstration license of the Software, you may
download, install and use the Software on your machine for evaluation or
demonstration purposes only. You are not allowed to use the evaluation or
demonstration license for commercial or production purposes. The evaluation
and demonstration licenses might be time limited and may include other
restrictions in terms of functionality.
Application Service Provider (ASP).
An ASP is a service firm which deploys, manages, and delivers application
capabilities to multiple entities from a data center, across a wide area
network, and/or through centrally-located machine(s) or server(s) under a "rental"
or lease agreement, free-of-charge or at cost. The CPU License does not
permit you to utilize the Software as all or part of an ASP service offering
whereby you provide web-based software and hosting of that software for use
by third parties for a fee or free-of-charge. ASPs must enter into a
separate ASP license agreement for such purpose.
Article 3 - FEES
All of your
rights und the Software license are contingent upon your payment of all
applicable license fees. If such fees have not been paid prior to your
acceptance of the Software license, you agree to pay such fees promptly
thereafter and before using the Software.
Article 4 - SUPPORT AND MAINTENANCE
You will
receive the Software "AS IS" and will not receive any maintenance releases
or updates or upgrades. However, Wechsler Consulting, at it’s option and in
its sole discretion on a case by case basis, may decide to offer maintenance
releases to you as a courtesy, but these maintenance releases may not
include any new features in excess of the feature set at the time of your
purchase of the Software. In addition, Wechsler Consulting will provide free
technical support to you for 30 (thirty)
days after the date of your purchase and Wechsler Consulting, in its sole
discretion on a case by case basis, may also provide free courtesy technical
support during your thirty (30)-day
evaluation period, if such period is agreed upon.
Technical support is provided via a web-based support form only, and there
is no guaranteed response time.
Technical
support only covers issues or questions resulting directly out of the
operation of the Software and Wechsler Consulting will not provide you with
generic consultation, assistance, or advice under any circumstances.
Updating the
Software may require the updating of software not covered by this Agreement
before installation. Updates of the operating system and application
software not specifically covered by this Agreement are your responsibility
and will not be provided by Wechsler Consulting under this Agreement.
Wechsler
Consulting's obligations under this Article 3 are contingent upon your
proper use of the Software and your compliance with the terms and conditions
of this Agreement at all times. Wechsler Consulting shall be under no
obligation to provide the above technical support if, in Wechsler
Consulting's opinion, the Software has failed due to the following
conditions: (i) damage caused by the relocation of the Software to another
location or CPU; (ii) alterations, modifications or attempts to change the
Software without Wechsler Consulting’ written approval; (iii) causes
external to the Software, such as natural disasters, the failure or
fluctuation of electrical power, or computer equipment failure; or (iv) your
failure to maintain the Software at Wechsler Consulting' specified release
level.
It will be
your responsibility to: (i) comply with all Wechsler Consulting-specified
operating and troubleshooting procedures and then notify Wechsler Consulting
immediately of the Software malfunction and provide Wechsler Consulting with
complete information thereof; (iii) provide for the security of your
confidential information; (iv) establish and maintain backup systems and
procedures necessary to reconstruct lost or altered files, data or programs.
Article 5 - TERM
This
Agreement is effective until you terminate it by destroying the Software
and/or its documentation, together with all copies. This agreement will also
terminate if you fail to abide by its terms. Upon termination, you agree to
destroy all copies of the Software, and its documentation, including any of
the Software stored on the hard disk of any server/computer under your
control.
The use of
the Software and all your rights under this Agreement are contingent upon
your payment of all applicable license fees. Any use of the Software without
paying the applicable license fees is a breach of this Agreement and results
in termination of the Software license.
Article 6 - OWNERSHIP
The Software
is licensed to you. You do not own it. The Owner shall at all times retain
ownership of the Software as well as all subsequent copies thereof,
regardless of form or storage medium. The owner also retains the title, and
all proprietary rights to the Software, including, but not limited to, all
patent, copyright, trade secret, service marks, registered service marks,
trademark or registered trademark rights.
You agree to
protect the confidentiality of the Software, the documentation as well as
any accompanying written materials. You agree that you will not provide a
copy of the Software or documentation or any accompanying written materials
nor divulge any proprietary information of Wechsler Consulting to any person,
other than your employees, without the prior consent of Wechsler Consulting.
You shall use the best efforts to see that any user of the Software licensed
hereunder complies with all provisions and prohibitions this Agreement. The
Software may include third party libraries which may be licensed under
different license terms included in the Software distribution package. You
must accept and comply with those third party license terms.
Article 7 - HIGH-RISK-ACTIVITIES
The Software
is not designed or intended for use in hazardous environments requiring
failsafe controls, including without limitation operation or maintenance of
any nuclear facilities, on-line control of aircraft, air traffic, aircraft
navigation or aircraft communications, and life support or weapons systems,
in which the failure of the Software could lead to death, personal injury,
or serve physical or environmental damage. Wechsler Consulting specially
disclaims any express or implied warranty of fitness for such high-risk
activities.
Article 8 - ASSUMPTION OF RISK
You
acknowledge that due to the complexity of the Software, it is possible that
use of the Software could lead to the unintentional loss or corruption of
data. You assume all risks of such data loss or corruption. The warranties
provided in this License do not cover any damage or losses resulting from
data loss or corruption.
Article 9 - DISCLAIMER OF WARRANTY
THE OWNER
DOES NOT GUARANTEE THE FOLLOWING: THAT THE SOFTWARE WILL BE FREE FROM BUGS,
ERRORS, OR OMISSIONS, THAT IT WILL PERFORM WITHOUT INTERRUPTION, THAT THE
SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SOFTWARE WILL BE
CORRECTED, OR THAT NEW RELEASES AND/OR UPGRADES OF THE SOFTWARE WILL BE
PROVIDED. THE SOFTWARE, ANY INFORMATION, CODES, AND/OR EXECUTABLES PROVIDED,
IS SUPPLIED "AS IS", WITHOUT WARRANTY OF ANY KIND.
NOTWITHSTANDING THE FOREGOING, IN CASE OF A WARRANTY CLAIM, WECHSLER
CONSULTING SHALL BE ENTITLED AT ITS DISCRETION TO EITHER REMEDY THE FAULT OR
TO MAKE A SUBSTITUTE DELIVERY. IF A SUBSEQUENT IMPROVEMENT FAILS, OR IF NO
SUBSTITUTE DELIVERY IS MADE WITHIN A REASONABLE TIME THE LICENSEE SHALL BE
ENTITLED TO ASSERT HIS RIGHT TO CANCELLATION OF THE CONTRACT OR DIMINUTION
OF THE PURCHASE PRICE WITH RESPECT TO THE DEFECTIVE CONTRACT SOFTWARE.
DAMAGE CLAIMS
AS A RESULT OF CULPA IN CONTRAHENDO, BREACH OF CONTRACT OR TORTIOUS ACTS
AGAINST WECHSLER CONSULTING ARE EXCLUDED EXCEPT (I) IN CASES OF WRONGFUL
INTENT OR GROSS NEGLIGENCE, (II) IN THE EVENT OF AN ASSUMPTION OF AN EXPRESS
QUALITY GUARANTY (IN GERMAN: BESCHAFFENHEITSGARANTIE) OR AN EXPRESS
DURABILITY GUARANTY (IN GERMAN: HALTBARKEITSGARANTIE), AND/OR (III) DAMAGES
CAUSED BY ANY HARM TO LIFE, BODY OR HEALTH. THIS EXCLUSION SHALL NOT APPLY
IN CASES OF ORDINARY NEGLIGENCE IF MATERIAL CONTRACTUAL OBLIGATIONS HAVE
BEEN VIOLATED, BUT IN THIS CASE EACH PARTY SHALL BE LIABLE ONLY FOR
COMPENSATION OF TYPICAL, FORESEEABLE DAMAGES. ANY LIABILITY FOR INDIRECT OR
CONSEQUENTIAL DAMAGES E.G. LOST PROFITS SHALL BE EXCLUDED IN ALL CASES. IN
NO EVENT SHALL THE OWNER'S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE
SOFTWARE.
THE ABOVE
PARAGRAPH APPLIES TO WECHSLER CONSULTING, ITS LEGAL REPRESENTATIVES,
EXECUTIVES AND OTHER EMPLOYEES AND ITS VICARIOUS AGENTS. COMPULSORY
LIABILITY IN ACCORDANCE WITH THE PRODUCT LIABILITY ACT SHALL REMAIN
UNAFFECTED BY THIS.
WECHSLER
CONSULTING SHALL NOT BE HELD LIABLE FOR BREACH OF CONTRACT OR DELAY IN THE
PERFORMANCE OF CONTRACTUAL OBLIGATIONS, WHICH CAN BE ASCRIBED TO LAWFUL
STRIKES OR LAWFUL LOCKOUTS, ANY SHORTAGES, FAILURE OF SUPPLIERS, PUBLIC
DISORDER, RIOTS, FIRE, INUNDATION, STORM, EARTHQUAKE, WAR, ACTS OF
GOVERNMENT, WORKING CONDITIONS OR OTHER REASONS OUTSIDE THE CONTROL OF THE
RELEVANT PARTY.
Article 10
- LAW
This
Agreement shall be governed by German laws and regulations and, as far as
these are implemented into German law, by international treaties. Legal
venue shall be solely Munich, Germany.
July
2006
Wechsler
Consulting GmbH & Co. KG
Should you
have any questions concerning this Agreement, please do not hesitate to
contact us at:
Wechsler Consulting GmbH & Co. KG
Seerichterstrasse 33
86911 Dießen am Ammersee
Germany
Telephone: +49 8807 9463160
Facsimile: +49 8807 9463161
E-mail: info@wechsler-consulting.de
www.wechsler-consulting.de |
