LICENSE AGREEMENT. You should carefully read the following terms and conditions before using this software. Unless you have a different license agreement signed by Modern Minds, Inc. your use of this software indicates your acceptance of this license agreement and warranty.
LICENSE GRANT. Modern Minds, Inc. grants to Licensee a non-exclusive license to use WildView (henceforth called the "Software") on a single web site that is accessible over the Internet network or over an intranet network. If the Software is used on multiple web sites, then an additional license must be purchased for each additional site. The Software is copyrighted and title to all copies is retained by Modern Minds, Inc. and/or it's licensors. Licensee shall be entitled to make a reasonable number of copies of the Software for internal use by Licensee. Licensee may print one copy of on-line documentation, if any, in which event all proprietary rights notices on Software shall be reproduced and applied. No right, title or interest in and to any trademarks or trade names of Modern Minds, Inc. or Modern Minds, Inc.'s licensors is granted hereunder.
DISCLAIMER OF WARRANTY. THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. Because of the various hardware and software environments into which Software may be put, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED.
LIMITATION OF WARRANTY. Unless otherwise required by applicable law, MODERN MINDS, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR SIMILAR DAMAGES (IRRESPECTIVE OF WHETHER MODERN MINDS, INC HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES) AND MODERN MINDS, INC.'S TOTAL LIABILITY HEREUNDER (INCLUDING BUT NOT LIMITED TO ANY POSSIBLE LIABILITY FOR INDEMNITY, DEFENSE OR HOLD HARMLESS OBLIGATIONS) SHALL NOT EXCEED THE TOTAL AMOUNT PAID FOR THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF BREACH OF CONTRACT OR ACTIVE OR PASSIVE NEGLIGENCE AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD MODERN MINDS, INC. HARMLESS FROM AND AGAINST ANY THIRD-PARTY CLAIM IN EXCESS OF THIS LIMITATION.
LICENSE TERM. This License is effective until terminated. Licensee may terminate the license at any time by destroying all copies of the Software and by removing the Software from the memory of the computer into which the Software has been transferred. This License may be terminated by Modern Minds, Inc. immediately and without notice in the event that Licensee fails to comply with any term or condition hereof.
CONFIDENTIALITY. Software is confidential and proprietary information of Modern Minds, Inc. and/or it licensors. Licensee agrees to take reasonable steps to protect Software from unauthorized disclosure or use. Licensee shall not (and shall not permit other persons or entities to) reverse-engineer, decompile, disassemble, merge, modify, create derivative works of, or translate any part of the Software except as allowed in this license agreement.
EXPORT LAW ASSURANCES. You agree that neither the Software nor any direct product thereof is being or will be acquired, shipped, transferred, or re-exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder or will be used for any purpose prohibited by the same.
HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operations of nuclear facilities, aircraft navigation or communication systems, or air traffic control, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High risk Activities"). Modern Minds, Inc. specifically disclaims any express or implied warranty of fitness for High Risk Activities.
GOVERNMENT RESTRICTED RIGHTS. If provided to the US Government, the Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the US Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights clause at 48 CFR 52.227-19, as applicable and as modified herein. Contractor/Manufacturer is: Modern Minds, Inc., P.O. Box 461552, Aurora, Colorado, 80046-1552.
GOVERNING LAW. This agreement is made under, shall be governed by and construed in accordance with the laws of the State of Colorado, USA, excluding its choice of law provisions.
