mnoGoSearch Pro distribution permissions and end-user license agreement
MNOGOSEARCH SEARCH ENGINE FOR WINDOWS LICENSE AGREEMENT
Lavtech.Com Corp. (hereinafter the "Developer") hereby grants you a nonexclusive, nonassignable, nonsublicensable and nontransferable license to use mnoGoSearch Search Engine for Windows (hereinafter the "Software") on a single computer. This license allows you to install the Software on one machine (hereinafter the "Search Server").
In the event that the Software is an evaluation version, the terms of this Section shall apply. Your license to use the Software expires 30 days after installation. You may install the product on an unlimited number of Search Servers during the evaluation period. This Software evaluation will expire and disable itself, upon which this license will terminate. This Software uses an evaluation system that restricts the program to a limited working time. The method of restriction for the evaluation system may not be published, disclosed or revealed. Developer is not obligated in any way to reveal or publish the components, files, code or methods used to enforce the evaluation period. You agree that you will not do anything to circumvent or defeat the features designed to stop the Software from operating after the license expires.
In the event that the Software is a Full version, the terms of this Section shall apply. This license allows you to install and run the Software on one Search Server. If you have more than one Search Server, you must license an additional unit of the Software for each Search Server.
You may not copy, modify, adapt, translate, reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Software, except as expressly permitted by the law in effect in the jurisdiction in which you are located. You may not: permit other individuals to modify, translate, reverse engineer, de-compile, disassemble (except to the extent applicable laws specifically prohibit such restriction); copy the Software (except for back-up purposes); rent, lease, transfer or otherwise transfer rights to the Software. You may not transfer, lease, assign, sublicense, pledge, rent, share or distribute the Software.
Title, ownership rights, and intellectual property rights in and to the Software shall remain in Developer and/or its suppliers. The Software is protected by the copyright laws of the United States and international copyright treaties. This Agreement does not convey to you an interest in or to the Software, but only a limited right of use revocable in accordance with the terms of this Agreement.
THE SOFTWARE IS PROVIDED TO YOU AS IS AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY DEVELOPER, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SOFTWARE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. DEVELOPER DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATIONS OF THE SOFTWARE WILL BE UNINTERRUPTED.DEVELOPER DOES NOT WARRANT THE ACCURACY OF THE SEARCH RESULTS GENERATED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCT. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
Developer`s cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to Developer for use of the Software. In no event shall Developer be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Developer has been advised of the possibility of such damages.
EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES.
DEVELOPER WILL NOT BE LIABLE TO USER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOREGOING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
This license will terminate automatically if you fail to comply with any term hereof. No notice shall be required from Developer to effect such termination. You may also terminate this Agreement at any time by notifying Developer in writing of termination. On termination, you must destroy all copies of the Software. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.
You are responsible for making full and timely payment for the Software. You shall pay all of Developer`s reasonable fees, costs and expenses (including reasonable attorney`s fees) if legal action is required to collect outstanding balances.
THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND LAVTECH.COM CORP. RELATING TO THE USE OF THE SOFTWARE. THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL PREVAIL NOTWITHSTANDING ANY VARIANCE WITH ANY PURCHASE ORDER OR OTHER WRITTEN INSTRUMENT SUBMITTED BY YOU WHETHER FORMALLY REJECTED BY LAVTECH.COM CORP. OR NOT.