End-User License Agreement for Manifold Net Software
IMPORTANT - PLEASE READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Manifold Net Ltd. (henceforth "MFN") for the MFN SOFTWARE PRODUCT which it accompanies, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By opening product seals, installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not open, install or use the SOFTWARE PRODUCT; you may, however, return it unopened to your place of purchase for a full refund.
This EULA may be repeated within SOFTWARE PRODUCT installation scripts or "online" documentation. Any such repetition is a reminder of an agreement you have already entered by opening the product package and / or commencing installation. All MFN products are packaged with a "shrink wrapped" license requiring you to review and agree to the full text of this EULA before opening product seals, before commencing download, or before otherwise acquiring product.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1 .GRANT OF LICENSE. This EULA grants you the following rights:
a. SOFTWARE PRODUCT. Subject to terms and conditions herein, MFN grants to you a personal, nonexclusive license to install and use one copy of the SOFTWARE PRODUCT on a single computer. You may make a reasonable number of backup copies of the SOFTWARE PRODUCT on archival media pursuant to backups of the computer on which the SOFTWARE PRODUCT is installed; however, all such archival copies shall be solely for the purpose of restoring your computer configuration in the event of accidental loss of data or computer failure.
b. Electronic Documents. Solely with respect to electronic documents included with the SOFTWARE PRODUCT, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed to any third party.
c. Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the SOFTWARE PRODUCT is installed or run from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers.
d. License Pak. If you have acquired this EULA in a MFN License Pak, you may make the number of additional copies of the computer software portion of the SOFTWARE PRODUCT authorized on your License Pak receipt, and you may use each copy in the manner specified above.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
a. Not for Resale Software. If the SOFTWARE PRODUCT is labeled "Not for Resale" or "NFR," then, notwithstanding other sections of this EULA, you may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.
b. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
c. Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
d. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
e. Support Services. MFN or MFN contractors may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the MFN policies and programs described in the user manual, "online" documentation, and/or other MFN-provided materials. MFN has no obligation under this Agreement to provide Support Services, and the voluntary provision of Support Services by MFN or MFN contractors shall not be construed as assuming any duty to provide Support Services to you. Any supplemental software code provided to you as part of Support Services, including any software code downloaded from MFN Internet sites, shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to MFN or to MFN contractors as part of Support Services, MFN may use such information for its business purposes, including for product support and development. MFN will not utilize such technical information in a form that personally identifies you.
f. Software Transfer. You may permanently transfer all of your rights under this EULA, provide you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, any Certificate of Authenticity or MFN hardware accompanying SOFTWARE PRODUCT) and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of this SOFTWARE PRODUCT.
g. Termination. Without prejudice to any other rights, MFN may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
h. Trial Editions. The provisions of this paragraph shall supercede the provisions of any other paragraph of this EULA. If this SOFTWARE PRODUCT was provided by MFN as a Trial Edition, this EULA is limited as set forth by MFN in its transmission of SOFTWARE PRODUCT to you, or as set forth in the startup dialogs associated with SOFTWARE PRODUCT. Any such limitations shall supercede any other provision of this EULA. Such limitations may be (by way of example and not limitation) a limited period of authorized operation commencing from the time of installation, a limited number of invocations of SOFTWARE PRODUCT, some limitation as to the number of features enabled or processing capacity, or any combination of these or other limitations. You may NOT modify SOFTWARE PRODUCT or operate your computer system or SOFTWARE PRODUCT in a manner that defeats the limitations set forth with the Trial Edition. You may NOT remove any dialogs or other information associated with SOFTWARE PRODUCT that set forth such limitations. Trial Editions of SOFTWARE PRODUCT may NOT be copied and may NOT be transferred to any third party. If a limitation set forth with a Trial Edition specifies a licensed period of authorized operation ("Trial Edition Period") that is less than the 30 day period ("Warranty Period") set forth in the Limited Warranty provisions of this EULA, then the Warranty Period shall be reduced to the length of the Trial Edition Period.
i. No Fail-Safe Uses Authorized. The SOFTWARE PRODUCT has been created using industry standard personal computer software technology. Personal computer software technology is not fault tolerant and thus this SOFTWARE PRODUCT is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as (by way of example and not limitation) in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the personal computer technology employed in SOFTWARE PRODUCT could lead directly to death, personal injury, or severe physical or environmental damage.
3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by MFN as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by MFN or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. As provided in Section 1(a), you may make a reasonable number of copies on archival media pursuant to backups of the computer on which the SOFTWARE PRODUCT is installed. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the 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 at 48 CFR 52.227-19, as applicable. Manufacturer is Manifold Net Ltd., 1945 North Carson Street, Suite 700, Carson City, Nevada 89701 USA.
7. EXPORT RESTRICTIONS. If the SOFTWARE PRODUCT has been delivered to you in the United States or if you are otherwise subject to United States jurisdiction, you agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, entity or end user subject to U.S.A. export restrictions, if such export or re-export is prohibited by U.S. software export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.
8. MISCELLANEOUS
If you acquired this product in the United States, this EULA is governed by the laws of the State of Nevada.
If you acquired this product in Canada, this EULA is governed by the laws of the Province of British Columbia. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of British Columbia and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of Vancouver, Province of British Columbia.
If this product was acquired outside the United States, then local law may apply.
9. LIMITED WARRANTY
LIMITED WARRANTY. Except with respect to data files (including all geometry, database, or other files in .mfd, .mdb, .mws, .txt, or any other format), which are provided "as is," without warranty of any kind, MFN warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials (including "online" documentation) for a period of thirty (30) days from the date of receipt, and (b) any hardware accompanying the SOFTWARE PRODUCT will be free from defects in materials and workmanship under normal use and service for a period of thirty (30) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT and hardware, if any, are limited to thirty (30) days.
CUSTOMER REMEDIES. MFNÆs and its suppliersÆ entire liability and your exclusive remedy shall be, at MFNÆs option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE PRODUCT or hardware that does not meet MFNÆs Limited Warranty and that is returned to MFN with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT or hardware will be warranted for the remainder of the original warranty period. Outside of the United States, neither these remedies nor any product support services offered by MFN are available without proof of purchase from an authorized international source.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MFN AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT AND ANY ACCOMPANYING HARDWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MFN OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF MFN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Should you have any questions concerning this EULA, or if you desire to contact MFN for any reason, please contact the MFN subsidiary serving your country, or write: Manifold Net Ltd., 1945 North Carson St, Suite 700, Carson City, Nevada 89701 USA.
Si vous aves acquis votre produit MFN au CANADA, la garantie limitΘe suivante vous concerne:
GARANTIE LIMITEE
GARANTIE LIMITEE - Sauf pour celle du les files aux format .mfd, .mdb, .mws, et .txt, qui sont fournies "commes telles", sans aucune garantie quelle quÆelle soit, MFN garantit que (a) la performance du LOGICIEL sera substantiellement en conformitΘ avec le(s) manuel(s) de produits qui accompagne(nt) le LOGICIEL pour un pΘriod de trente (30) jours α compter de la date de rΘception; et (b) tout matΘriel forni par MFN accompagnant le LOGICIEL sera exempt de dΘfault de matiΦre premiΦre ou de vice de fabrication dans des conditions normales dÆutilisation et dÆentretien pour une pΘriode de trente (30) jours α compter de la date de rΘception. Toute garantie implicite concernant le LOGICIEL et le matΘriel est limitΘe α trente (30) jours.
RECOURS DU CLIENT - La seule obligation de MFN et votre recours exclusif seront, au choix de MFN, soit (a) remboursement du prix payΘ ou (b) la rΘparation ou le remplacement du LOGICIEL ou du matΘrial qui nÆest pas conforme α la Garantie LimitΘe de MFN et qui est retournΘ α MFN avec une copie de votre reτu. Cette Garantie LimitΘe est nulle si le dΘfault du LOGICIEL ou du matΘriel est causΘ par un accident, un traitement abusif ou une mauvaise application. Tout LOGICIEL de remplacement sera garanti pour le reste de la pΘriode de garantie initiale.
AUCUNE AUTRE GARANTIE - MFN DESAVOUE TOUTE AUTRE GARANTIE, EXPRESSE OU IMPLICITE, Y COMPRIS MAIS NE SE LIMITANT PAS AUX GARANTIES IMPLICITES DU CARACTERE ADEQUAT POUR LA COMMERCIALISATION OU UN USAGE PARTICULIER EN CE QUI CONCERNE LE LOGICIEL, LE(S) MANUEL(S) DE PRODUITS, LA DOCUMENTATION ECRITE ET TOUT MATERIEL QUI LÆACCOMPAGNENT. CETTE GARANTIE LIMITEE VOUS ACCORDE DES DROITS JURIDIQUES SPECIFIQUES.
PAS DÆOBLIGATION POUR LES DOMMAGES INDIRECTS - MFN OU SES FOURNISSEURS NÆAROUNT DÆOBLIGATION EN AUCUNE CIRCONSTANCE POUR TOUT AUTRE DOMMAGE QUEL QUÆIL SOIT (Y COMPRIS, SANS LIMITATION, LES DOMMAGES ENTRAINES PAR LA PERTE DE BENEFICES, LÆINTERRUPTION DES AFFAIRES, LA PERTE DÆINFORMATION COMMERCIALE OU TOUTE AUTRE PERTE PECUNIAIRE) DECOULANT DE LÆUTILISATION OU DE LÆIMPOSSIBILITE DÆUTILISATION DE CE PRODUIT MFN, ET CE, MEME SI MFN A ETE AVISE DE LA POSSIBILITE DE TELS DOMMAGES. EN TOUT CAS, LA SEULE OBLIGATION DE MFN EN VERTU DE TOUTE DISPOSITION DE CETTE CONVENTION SE LIMITERA OU MONTANT EN FAIT PAYE PAR VOUS POUR LE LOGICIEL.
La prΘsent Convention est rΘgie par les lois de la province dÆBritish Columbia, Canada. Chacune des parties α la prΘsent reconnaεt irrΘvocablement la compΘtence des tribunaux de la province dÆBritish Columbia et consent α instituer tout litige qui pourrait dΘcouler de la prΘsente auprΦs des tribunaux situΘs dans le district judiciaire de Vancouver, province dÆBritish Columbia.
Au cas o∙ vous auriez des questions concernant cette licence ou que vous dΘsiriez vous mettre en rapport avec MFN pour quelque raison que ce soit, veuillez contacter la succursale MFN desservant votre pays, dont l'adresse est fournie dans ce produit, ou Θcrivez α : Manifold Net Ltd., 1945 North Carson St, Suite 700, Carson City, Nevada 89701 USA.
