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- M Squared Technologies (tm)
- Software/Source Code License Agreement
-
- General Terms
-
- As a licensee of our products you are legally bound by this license
- agreement, its terms and conditions. The software, source code and
- documentation which you have/will acquired is the legal intellectual
- property of M Squared Technologies and is protected by the copy right
- laws of the United States and international copy right treaties. The
- possession and use of this Software and Documentation is subject to the
- restrictions contained in this license agreement.
-
- You, the licensee, are explicitly licensed to the type of license identified
- under license type. This license is non-transferable to any other party
- other than the licensee.
-
- The source code provided with this software (if applicable) is for
- re-compilation only. You may NOT modify, print, publish, sell, give away
- or distribute this product in any manner, shape or form. Failure to comply
- with this provision will void this License agreement, product support and
- result in prosecution. M Squared Technologies reserves all rights not
- expressly granted to the licensee.
-
- This License will become effective on the date you acquire the Software
- and will remain in force until terminated. You may terminate this License
- at any time by destroying the Documentation, Source Code and all binary
- executables, object code or images built from said source, together with
- all copies and adaptations. This License shall automatically terminate if
- you breach any of the terms or conditions. You agree to destroy all the
- originals and all copies of the Software and Documentation, or return
- them to M Squared Technologies upon termination of the License.
-
- Governing Laws
-
- Except as otherwise restricted by law, this License shall be governed by,
- and interpreted in accordance with, the laws of the State of Florida of the
- United States of America, without regard to Laws of Florida governing
- conflicts of law. Furthermore, it is understood that this License shall be
- treated as though it was executed in the State of Florida. The parties
- agree that any action relating to this License shall be prosecuted in the
- courts of competent jurisdiction in the locale of M Squared Technologies.
-
- Entire License
-
- This License sets forth the entire understanding of the License between
- you and M Squared Technologies and may be amended only in writing by
- both parties. No vendor, distributor, dealer, retailer, sales person or
- other person is authorized to modify this License or to make any
- warranty, promise or representation which is different than, or in addition
- to, the intent, representations or promises of this license.
-
- Ownership of Software
-
- Title to all copies of the Software remains with M Squared Technologies.
- M Squared Technologies is the original author, the sole distributor and
- legal owner of its Software products. M Squared Technologies warrants
- its sole authority to grant the license of its Software to the licensee.
-
- Satisfaction Guaranteed
-
- If you are not 100% satisfied with the licensed Software, M Squared
- Technologies entire liability and your exclusive remedy shall be to
- remove the Software from your computer and return it to M Squared
- Technologies in the original format within 30 days of the licensed date for
- a full refund.
-
- Limited Media Warranty
-
- If the Software has been delivered by M Squared Technologies on
- physical media, M Squared Technologies warrants the media to be free
- from material physical defects for a period of 30 days. If such a defect is
- found, return the media to M Squared Technologies for replacement or
- alternate delivery of the Software.
-
- Support
-
- M Squared Technologies will provide technical support for licensed
- Software for one year from the date of license. Requests for support must
- be submitted with the license number. Requests for support should be
- submitted by Email or FAX with written documentation as to the specific
- nature of the question or problem to ensure it is clearly understood. M
- Squared Technologies will make every reasonable effort to fully resolve
- questions and problems arising from use of its Software.
-
- Purchased Maintenance Agreement
-
- A one-year maintenance agreement includes email support, minor and
- major version updates for the maintained software product for the
- duration of the paid maintenance period.
-
- Disclaimer of Warranties
-
- Except as expressly provided above, the Software and Services are
- provided "as-is" and, to the maximum extent permitted by applicable law.
- M Squared Technologies disclaims all other warranties, express or
- implied, regarding the Software or Services, disk and related materials,
- including their fitness for a particular purpose, their quality, their
- merchantability, or their non-infringement. M Squared Technologies does
- not warrant that the Software or Services are free from bugs,
- interruption, errors, or other program limitations. All warranties or
- guarantees given or made by M Squared Technologies with respect to
- the Software of Services (1) are for the benefit of the licensee and are not
- transferable, and (2) shall be null and void if a licensee breaches any
- terms or conditions of this Agreement.
-
- Limitation of Liability and Damages
-
- The entire liability of M Squared Technologies for any reason shall be
- limited to the amount paid by the licensee for the Software. In no event
- shall M Squared Technologies be liable for any damages whatsoever
- (including, without limitation, lost profits, business interruption, or lost
- information) arising out of the use of or inability to use the Software, even
- if M Squared Technologies has been advised of the possibility of such
- damages. Some jurisdictions prohibit exclusion or limitation of liability for
- implied warranties or consequential or incidental damages, so the above
- limitations may not apply to you. You may also have other legal rights
- that vary from jurisdiction to jurisdiction.
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