Marius Milner is willing to license this Software to you only if you accept all of the terms in this License Agreement. Please read the terms carefully before using the Software, because by installing or using this Software you are agreeing to be bound by the terms of this agreement. If you do not agree to these terms, Marius Milner will not license this Software to you, and you may not use the Software.
Ownership of the Software. The enclosed software program (ôSoftwareö) and the accompanying written materials (ôDocumentationö) are owned by Marius Milner, or his suppliers, and are protected by United States copyright laws and by international treaties. The Software is licensed, not sold.
Marius Milner reserves all rights not expressly granted.
Grant of License. Marius Milner grants to you, as an individual, a revocable, nonexclusive, nontransferable license to install and use the Software on a computer or computers in your possession. If you are an entity, Marius Milner grants you the right to designate one individual within your organization to have the right to use the Software in the manner provided above.
Restrictions on Use and Transfer. You may not copy the Software or Documentation except solely for backup or archival purposes. You may not rent, lease, lend or provide commercial hosting services with the Software or otherwise transfer or assign the right to use the Software except as provided below. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law, notwithstanding this limitation. You may not create derivative works from the Software or the Documentation.
Termination. Marius Milner may terminate this Agreement if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software in your possession.
General. Whenever possible, each provision of this License Agreement shall be interpreted in a manner as to be valid and effective under applicable law. If any provision is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this License Agreement and shall not affect the validity and enforceability of the remaining provisions. This Agreement is governed by the laws of the state of California. For questions concerning this Agreement, please contact Marius Milner via any means detailed in the ôContact Informationö section.
Contact Information. For all contacts regarding this license agreement, please contact Marius Milner via electronic mail at mariusm@pacbell.net, or by fax at +1 (734) 376-6653.
Disclaimer. To the extent allowed by local law, the Software is provided to you ôas isö without warranty of any kind, whether oral or written, express or implied. Marius Milner specifically disclaims any implied warranties or conditions of merchantability, satisfactory quality, non-infringement and fitness for a particular purpose. Some countries, states and provinces do not allow exclusions of implied warranties or conditions, so the above exclusion may not apply to you. You may have other rights that vary by country, state, or province.
Limitation of liability. Except to the extent prohibited by local law, in no event will Marius Milner or his affiliates or suppliers be liable for direct, special, incidental, consequential or other damages (including lost profit, lost data, or downtime costs), arising out of the use, inability to use, or the results of use of the Software, whether based in warranty, contract, tort or other legal theory, and whether or not advised of the possibility of such damages. Your use of the Software is entirely at your own risk. Should the Software prove defective, you assume the entire cost of all service, repair or correction. Some countries, states and provinces do not allow the exclusion or limitation of liability for incidental or consequential damages, so this limitation may not apply to you.
The Software and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions at Defense Federal Acquisition Regulation Supplement, 252.227-7013, subparagraph (b)(3), or Federal Acquisition Regulation, 48 CFR 52.227-19, subparagraphs (c)(1) and (2), as applicable. Contractor/Manufacturer is Marius Milner, see ôContact Informationö section for details.