END USER SHAREWARE LICENSE AGREEMENT FREE EVALUATION USE
GRANT Of LICENSE
Subject to the provisions contained herein, M4 Limited, (herein "M4") hereby grants you a non-exclusive 7-day license to use its accompanying proprietary software ("Software"), described as "Life Saver", free of charge for the sole purpose of evaluating whether to purchase an ongoing license by registering the Software. You may evaluate the software for not more than 7 days. At the end of 7 days you must purchase a license by registering the software in order to continue using the Software. If you do not fit within the description above, a license fee is due to M4 and no license is granted herein. If you are using an evaluation version of the Software, you will not be entitled to technical support.
DISTRIBUTION
You may freely distribute this evaluation Software world wide to anyone or anywhere.
RESTRICTED USE
You may not lend, rent, lease or otherwise transfer the Registered Software. This license is valid for only one user on only one computer.
TITLE
Title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain in M4. This Agreement does not include the right to copy or sublicense the Registered Software and is personal to you and therefore may not be assigned (by operation of law or otherwise) or transferred without the prior written consent of M4. You acknowledge that the Software in source code form remains a confidential trade secret of M4 and therefore you agree not to attempt to decipher, decompile, disassemble or reverse engineer the Software or allow others to do so, except to the extent applicable laws specifically prohibit such restriction. You further agree not to modify or create derivative works of the Software.
CONTENT
Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This License gives you no rights to such content.
COPYRIGHT
The Software is owned by M4 Ltd and governed by UK copyright laws and international treaty provisions. You may not remove the copyright notice from any copy of the Software or any copy of the written materials, if any, accompanying the Software.
DISCLAIMER OF WARRANTY
The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not M4 assume the entire cost of any service and repair.
This disclaimer of warranty constitutes an essential part of the agreement.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL M4 OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL M4 BE LIABLE FOR ANY DAMAGES IN EXCESS OF M4'S LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF M4 SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
EXPORT CONTROLS
None of the Software or underlying information or technology may be exported or reexported.
INDEMNIFICATION BY YOU
If you distribute the Software in violation of this Agreement, you agree to indemnify, hold harmless and defend M4 and its client from and against any claims or lawsuits, including lawyer's fees that arise or result from the use or distribution of the Software in violation of this Agreement.
TERMINATION
Either party may terminate this Agreement immediately in the event of default by the other party. Upon any termination of this Agreement, you shall immediately discontinue the use of the Software and shall within ten (10) days return to M4 all copies of the Software and Documentation. You may also terminate this Agreement at any time by destroying the Software and Documentation and all copies thereof. Your obligations to pay accrued charges and fees shall survive any termination of this Agreement.
MISCELLANEOUS
This Agreement represents the complete and exclusive statement of the agreements concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND M4 AGREES TO FURNISH THE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting this Agreement.
Contact
M4 Limited
Fax: (+44) 0171 485 6174
Support: lifesaver@m4.co.uk
Please include your Customer and Registration ID with any technical support questions.
