Please read this document carefully before proceeding. This Agreement licenses the software to you and contains warranty and liability disclaimers. By selecting the "I Accept" button, you are confirming:
(a) You have read and understood this entire Agreement.
(b) Your acceptance of the software and agreeing to become bound by the terms of this Agreement. If you do not agree to all of the terms of this Agreement, select the "I Decline" button and do not install the
software.
Article I License Grant. MaMaRuGa, LLC. grants to you a license:
(a) To use the CURTAINS Product on a single computer.
(b) To make one copy of the CURTAINS Product in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends found on the original.
(c) To transfer the CURTAINS Product to another party if the other party agrees to accept the terms and conditions of this Agreement and you DO NOT retain any copies of the CURTAINS Product.
(d) Certain rights are not granted under this Agreement, but may be available under a separate agreement. If you would like to enter into a Site or Network License, please contact MaMaRuGa.
Article II Restrictions.
You may not make or distribute copies of the CURTAINS Product, or electronically transfer the CURTAINS Product from one computer to another or over a network. You may not decompile, alter in any way, reverse engineer, disassemble, or otherwise reduce the CURTAINS software. You may not modify, rent, resell for profit, distribute or create derivative works based upon the CURTAINS Product or any part thereof.
Article III Ownership.
The foregoing license gives you limited rights to use the CURTAINS Product. You do not become the owner of, and MaMaRuGa, LLC. retains all rights, title and interest to, the CURTAINS Product, and all copies thereof and all modifications and enhancements thereto (including ownership of all copyrights and other intellectual property rights pertaining thereto), subject only to the right and license expressly granted to you herein. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by MaMaRuGa, LLC.
Article IV Disclaimer of Warranties and Limitations of Remedies.
(a) The CURTAINS Software is sold and licensed to you on an "AS IS" basis. All warranties, either expressed or implied are disclaimed as to this CURTAINS Product and itΓÇÖs quality, performance or fitness for any particular purpose. You, the consumer, bear the entire risk relating to the quality and performance of the CURTAINS Product.
(b) MaMaRuGa, LLC. warrants that this CURTAINS Software to be free of defects in materials and workmanship under normal use for thirty (30) days after purchase. During the thirty (30) day period you may be eligible for replacement software without charge if replacement is the sole remedy in the event of a defect.
(c) Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may also have other legal rights which vary from state to state. These limitations or exclusions of warranties and liability do not affect or prejudice the statutory rights of a consumer; i.e., a person acquiring goods otherwise than in the course of a business.
Article V Limitation of Damages.
MaMaRuGa, LLC. SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MaMaRuGa, LLC. OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between MaMaRuGa. LLC. and you. You, and not MaMaRuGa, LLC., assume the cost of any necessary service or repair. You agree that MaMaRuGa, LLC. would not be able to provide the MaMaRuGa, LLC. Software on an economic basis without such limitations.
Customer Responsibilities. You are responsible for the following actions:
1. Determining whether the Program(s) will achieve the results
you desire;
2. Procuring, installing, and operating your computer and
operating system to run the Program;
3. Providing a proper environment and proper utilities for the
computer on which the Program operates, including an
uninterrupted power supply;
4. Properly reading Readme and instructions that accompany
the Program; and
5. Establishing adequate operational back-up as provided in
this Agreement in the event of a defect or malfunction that
renders the Program(s) or the computer systems on which
they run nonoperational.
Article VI Copyright.
Under copyright laws, this CURTAINS Product may not be copied, in whole or in part, for others, whether or not those copies are sold. Under the law, copying includes translating into another language. You may be liable for civil and criminal damages and penalties for unauthorized copying.
Article VII General.
You may not sub-license, assign, or transfer the license or the CURTAINS Product except as expressly provided in this Agreement. Any attempt to sub-license, assign, or transfer any of the rights, duties, or obligations hereunder is void. This Agreement shall be governed by the internal laws of the State of California. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to:
