THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MINDMAKER, INC. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE AND PROMPTLY RETURN, WITHIN 15 DAYS, THE SOFTWARE AND ALL ACCOMPANYING MATERIAL TO THE PLACE OF ACQUISITION FOR A FULL REFUND.
SOFTWARE PRODUCT LICENSE
1. Ownership. The enclosed software programs ("Software") and the accompanying material are owned by Mindmaker, Inc. and its suppliers. The Software and the accompanying material are protected by United States and international laws and treaties regarding copyrights and other intellectual property rights. The Software is licensed, not sold, to you for use only under the terms of this Agreement. As between you and Mindmaker, Inc., Mindmaker, Inc. retains all title to and ownership of the Software and any accompanying material, and reserves all rights not expressly granted to you in this Agreement.
2. Use on a Single Computer. The Software may be used by you only on a single computer. You may transfer the machine-readable portion of the Software from one computer to another computer, provided that (a) the Software (including any portion or copy thereof ) is erased from the first computer and (b) there is no possibility that the Software will be used on more than one computer at a time.
3. Archival Copy. You may make only one (1) archival copy of the machine-readable portion of the Software for backup purposes only, provided that you reproduce on the copy all copyright and other proprietary rights notices included on the original Software.
4. Permanent Transfer of License. You may transfer your license of the Software, provided that (a) you transfer all portions of the Software, (b) you do not retain any portion of the Software or any copy thereof, and (c) the transferee reads and agrees to be bound by the terms and conditions of this Agreement.
5. Prohibitions on Modifying and Renting of the Software. Except to the extent expressly permitted by the laws of the jurisdiction where you acquired the Software, you may not modify, create derivative works of, adapt, translate, rent, lease, loan or sublicense the Software or its accompanying material.
6. Decompiling, Disassembling or Reverse Engineering. You acknowledge that the Software contains trade secrets and other proprietary information of MINDMAKER, INC. and its suppliers. Except to the extent expressly permitted by the laws of the jurisdiction where you are located, you may not decompile, disassemble or otherwise reverse engineer the Software, or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the Software.
In any event, you will notify Mindmaker, Inc. of any information derived from decompiling, disassembling, reverse engineering or such other activities and the results thereof will constitute the confidential information of Mindmaker, Inc. You shall have no right to make available to any third party such confidential information or use such confidential information except in connection with the normal use of the Software.
7. Termination. The license granted to you is effective until terminated. You may terminate it at any time by returning the Software (including any portions or copies thereof) to Mindmaker, Inc. The license will also terminate automatically without any notice from Mindmaker, Inc. if you fail to comply with any term or condition of this Agreement. You agree upon such termination to return the Software (including any portions or copies thereof ) to Mindmaker, Inc. Upon termination, Mindmaker, Inc. may also enforce any rights provided by law.
8. Export Control. You will not, without prior authorization of the U.S. Department of Commerce or any other governmental entity which has jurisdiction, export or transmit the Software to any country to which such export or transmission is restricted by any applicable U.S. regulation or law.
9. U.S. Government Restricted Rights. The Software and accompanying material are provided with restricted rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subdivision (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 at 48 CFR 52.227-19, as applicable. Manufacturer is Associative Cognition, Inc., 224 Airport Parkway, Suite 550, San Jose, California 95110.
MISCELLANEOUS
This Agreement shall be governed and interpreted in accordance with the laws of the State of California, U.S., as applied to contracts entered into and performed entirely in California. This Agreement shall be construed in such fashion as to make each provision enforceable to the maximum extent possible under governing law. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings (oral or written).
Failure or delay in enforcing any right or provision of this Agreement shall not be deemed a waiver of such provision or right with respect to any subsequent breach. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.
MICROSOFT DCOM95
All title, including but not limited to copyrights, in and to Microsoft's DCOM95 and any copies thereof are owned by Microsoft or its suppliers.
LIMITED WARRANTY
Mindmaker, Inc. warrants that the Software will perform substantially in accordance with its accompanying documentation for a period of ninety (90) days from the date of purchase.
EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, MINDMAKER, INC. AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
NEITHER MINDMAKER, INC. NOR ITS SUPPLIERS WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE. YOU ALSO ASSUME THE ENTIRE RISK OF ANY USE OF THE SOFTWARE. NO DISTRIBUTOR, DEALER OR ANY OTHER ENTITY OR PERSON IS AUTHORIZED TO EXPAND OR ALTER THIS WARRANTY.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY/STATE TO COUNTRY/STATE. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED CONDITIONS AND WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. MINDMAKER, INC. DISCLAIMS ALL CONDITIONS AND WARRANTIES OF ANY KIND IF THE SOFTWARE HAS BEEN CUSTOMIZED, REPACKAGED OR ALTERED IN ANY WAY BY YOU OR ANY OTHER PARTY.
EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY
THE SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH ABOVE WILL BE, AT MINDMAKER, INC.'S OPTION, (a) RETURN OF THE PURCHASE PRICE OR (b) REPLACEMENT OF THE DEFECTIVE SOFTWARE. IN NO EVENT WILL MINDMAKER, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, LOST SAVINGS, LOST REVENUES OR LOST DATA ARISING FROM OR RELATING TO THE SOFTWARE, ITS USE OR INABILITY OF USE. IN NO EVENT WILL MINDMAKER, INC.'S OR ANY OF ITS SUPPLIERS' LIABILITY OR DAMAGES TO YOU OR ANY OTHER PARTY EVER EXCEED THE AMOUNT PAID BY YOU TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE). SOME COUNTRIES/STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
ALL USE OF THE SOFTWARE IS SUBJECT TO THE TERMS OF THE END-USER SOFTWARE LICENSE AGREEMENT.
