mxORB distribution permissions and end-user license agreement
Please read this carefully before you install this software.
Electronic End User Licence Agreement for mxORB
YOUR RIGHT TO USE THIS SOFTWARE PRODUCT IS SUBJECT TO THE TERMS SET OUT IN THIS LICENCE AGREEMENT. INSTALLING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT OR UNDERSTAND THEM, YOU SHOULD NOT INSTALL THE SOFTWARE.
THE SOFTWARE IS DISTRIBUTED "AS IS" WITH A LIMITED WARRANTY AS DESCRIBED IN THIS AGREEMENT. YOU USE THE SOFTWARE AT YOUR OWN RISK. MXORB SOFTWARE WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS SOFTWARE.
AS THE SOFTWARE DEPENDS UPON THIRD PARTY SERVICES, MXORB SOFTWARE DO NOT AND CANNOT TAKE ANY RESPONSIBILITY RELATED TO THESE SERVICES.
NOTE: TECHNICAL SUPPORT AND NOTIFICATION OF UPGRADES ARE ONLY PROVIDED TO USERS WHO PURCHASE A SOFTWARE LICENCE. SUPPORT WILL BE PROVIDED ELECTRONICALLY EMAIL.
1 GRANT OF LICENCE
Under copyright law you are not permitted to install or run the software product (`the Software`) supplied to you without the permission of mxORB Software (`the Owner`). The term `Software` refers to object code, data, documentation and other materials and also shall include any upgrades, modified versions or updates of the Software licensed to you by the Owner. In consideration of your agreement to the terms of this agreement the Owner grants you, a non-exclusive right (`the Licence`) to install and run the Software as permitted by this Agreement.
YOU ARE PERMITTED TO:
1.1 use the Software for a period of 30 days without purchasing a registration key for the purpose of evaluating the Software, once the 30 day period has expired you must purchase a registration key to continue using the Software;
1.2 use the Software in connection with a single computer - if you wish to use the Software on more than one computer, you must obtain a separate licence for another copy of the Software;
1.3 load the Software and use it only on a single computer which is under your control;
1.4 transfer the Software from one computer to another provided that the Software is installed and used on only one computer at a time;
1.5 make a back-up copy of the Software in support of your permitted use of the Software provided you label the back-up copy with the Owner`s copyright notice - any other copies of the whole or any part of the Software are unlawful;
1.6 use the Software for your personal use or in your business or profession - permitting unauthorised access to, copying or use of the Software is a breach of this Agreement.
YOU MAY NOT NOR PERMIT OTHERS TO:
1.7 give copies of registration keys to anyone;
1.8 use, copy or transfer the Software except as permitted by this Agreement;
1.9 distribute, rent, loan, lease, sub-licence or otherwise deal in the Software;
1.10 alter, adapt, merge, modify or translate the Software in any way for any purpose, including, without limitation, for error correction;
1.11 reverse-engineer, disassemble or decompile the Software except that you may decompile the Software only to the extent permissible by law where this is indispensable to obtain the information necessary to achieve the interoperability of an independently created program with the Software or with another program and such information is not readily available from the Owner or elsewhere;
1.12 remove, change or obscure any product identification or notices of proprietary rights and restrictions on or in the Software
1.13 transfer the Software and your Licence on a permanent basis to another person.
2 TERM AND TERMINATION
2.1 The Licence for the registered version of the software will continue until terminated. You may terminate it at any time by destroying the Software together with all copies in any form. The Licence for the evaluation version of the software will be for 30 days.
2.2 Your Licence to use the Software will terminate automatically if you fail to comply with any term of this Agreement. The Licence will also terminate without further action or notice by the Owner if you become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement with your creditors, have an administrator, administrative receiver or receiver appointed or suffer or file any similar action in consequence of debt.
2.3 Upon termination of the Licence for any reason you will destroy the Software together with all copies in any form, including copies on your hard and back-up disks. Any use of any copies of the Software after termination of the Licence is unlawful.
3 LIMITED WARRANTY
The Owner warrants only to you, as the original licensee, that the Software when used properly will provide the functions and facilities as described in the documentation supplied for the Software.
4 EXCLUSION OF OTHER WARRANTIES
Except for the express warranties in section 3 the Owner and its suppliers make and you receive no other warranties, conditions or representations, express or implied, statutory or otherwise, and without limitation the implied terms of merchantability And fitness for a particular purpose are excluded. The Owner does not warrant that the operation of the Software will be Error free or uninterrupted. It is your responsibility to ensure that the Software is suitable for your needs and the entire Risk as to the performance and results of the Software is assumed by you.
5.1 In no event will either the Owner or its suppliers be liable for any direct, consequential, incidental, or special damage or loss of any kind (including without limitation loss of profits, loss of contracts, business interruptions, loss of or corruption to data) however caused and whether arising under contract, tort, including negligence, or otherwise.
5.2 If any exclusion, disclaimer or other provision contained in this Agreement is held invalid for any reason and the Owner becomes liable for loss or damage that could otherwise be limited, such liability, whether in contract, negligence or otherwise, will not exceed the amount actually paid by you for the Software.
5.3 You acknowledge that the allocation of risk in this Agreement reflects the price paid for the Software and also the fact that it is not within the Owner`s control how and for what purposes the Software is used by you.
6.1 This Agreement is the entire agreement between you and the Owner and supersedes any other oral or written communications, agreements or representations with respect to the Software.
6.2 Nothing in this Agreement will affect the statutory rights of a consumer in `consumer transactions` under any applicable statute.
6.3 If any part of this Agreement is held by a court of competent jurisdiction to be unenforceable the validity of the remainder of the Agreement will not be affected.
6.4 This Agreement is governed by the laws of England and Wales.
6.5 The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.