MEGAGOLD-B SOFTWARE LICENSE AGREEMENT:
This Software License Agreement (“License Agreement”) is a legal
agreement between you (either an individual or an entity) and
MEGAGOLD-B for the software product, which includes computer
software and any other additional media, whether provided in physical
form or received online in electronic form.
BY CONTINUING THE INSTALLATION OF THIS PROGRAM, BY LOADING OR RUNNING
THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER
HARD DRIVE, COMPUTER RAM OR ANY OTHER STORAGE MEDIUM, YOU ARE AGREEING
TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.
- GRANT OF LICENSE.
Subject to the terms and provisions of this License Agreement, MEGAGOLD-B
hereby grants to you the non-exclusive, non-transferable, limited right to use
this Software only in executable or object code form. The term “Software”
includes all elements of the Software such as data files and screen displays.
You are not receiving any ownership or proprietary right, title or interest in
or to the Software or the copyright, trademarks, or other rights related
thereto. The additional terms and conditions apply:
This Software is based on “to-user” licences. This License permits you to
install the software on all computers used exclusively by you, owner of the
licence. You may be asked to prove you are the exclusive user of these computers
at any time. If a computer is shared by multiple users, all of them need a
separate licence, only one needs to be activated if no user-account management
is used though.
(b) Restrictions on Transfer.
Except as otherwise expressly allowed under this License Agreement, you shall
not rent, lease, sell, sublicense, assign, pledge, encumber or otherwise
transfer the Software. Any party authorized by MEGAGOLD-B to use or
receive the Software must agree to be bound by, and Recipient agrees to inform
all users of the Software of, the terms and conditions of this License
Agreement MEGAGOLD-B reserves the right to withhold such authorization
for any reason. You agree that the Software will not be shipped, transferred
or exported into any country in violation of any law governing such matters
by you or anyone at your direction and that you will not utilize and will
not authorize anyone to utilize, in any other manner, the Software in violation
of any applicable law. The Software may not be downloaded or otherwise exported
or reexported into (or to a national or resident of) any country who/which are
prohibited, by applicable law, from receiving such property.
- OTHER RIGHTS AND LIMITATIONS.
If you receive the Software in more than one (1) medium (e.g., by electronic
distribution and on floppy disk), regardless of the type or size of medium you
receive, you may use only one (1) 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, sell, lease, grant a security interest in, or otherwise
transfer the other medium to another user.
You may not distribute the software (except as permitted by section 3.
hereinbelow) by any means, including, but not limited to direct mail, retail,
mail order or other means.
(b) No Copying.
You may not copy or reproduce the Software or any accompanying documentation
(except as permitted by section 3. hereinbelow) by any means.
(c) No Modifications or Reverse Engineering.
You may not remove any proprietary notices or labels from the Software, and you
may not modify, alter, translate, reverse engineer, decompile or disassemble
(except to the extent that this restriction is expressly prohibited by
applicable law), or create derivative works based on the Software.
You may not rent, lease, sell or transfer the Software or documentation without
MEGAGOLD-B ‘s express written consent, which MEGAGOLD-B may withhold in
its discretion. Reservation of Rights. All rights not expressly granted to you
are reserved to MEGAGOLD-B.
(e) Legal Notices.
You may not remove or alter any legal notices, such as trademark or copyright
notices, affixed on or within the software or any accompanying documentation.
(f) Network Communications.
You agree that the software may send anonymous information to the provider’s
server. These information may be used to improve the software. After registration
on this site you give Megagold-B your permission for using your contact data
to inform you about news and offers by email sharing.
- PERMITTED ELECTRONIC DISTRIBUTION AND COPYING.
You may make only the following copies of the Software:
(i) you may download the Software from the Internet and onto your computer
(ii) you may copy the Software from your computer hard drive into your computer
(iii) you may make “back up” or archival copies of the Software.
- DISCLAIMER OF WARRANTY.
THE SOFTWARE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, MELDAPRODUCTION FURTHER DISCLAIMS ALL
WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU
ASSUME THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE
AND DOCUMENTATION. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE
COST OF ALL NECESSARY REPAIR OR CORRECTION. MEGAGOLD-B SHALL NOT BE
RESPONSIBLE FOR ANY DEFECT THAT RESULTS FROM YOUR ABUSE, MISUSE OR OTHER
CONDUCT OR CONDITIONS OUTSIDE THE CONTROL OF MEGAGOLD-B. MEGAGOLD-B
MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION OR FUNCTIONS CONTAINED
IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY SOFTWARE DEFECTS ARE
CORRECTABLE OR WILL BE CORRECTED.
- LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR
OTHERWISE, SHALL MELDAPRODUCTION OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU
OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SOFTWARE, THE DOCUMENTATION OR ANY OTHER ACCOMPANYING MATERIALS, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES,
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF
MELDAPRODUCTION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR
ANY CLAIM BY ANY OTHER PARTY. FURTHER, IN NO EVENT SHALL MELDAPRODUCTION’S
LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT EXCEED THE LICENSE FEE
PAID TO MELDAPRODUCTION FOR THE SOFTWARE. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to hold harmless, indemnify and defend MEGAGOLD-B, its officers,
directors and employees, from and against any losses, damages, fines and
expenses (including attorneys’ fees and costs) arising out of or relating to
any claims of improper use.
This License Agreement will automatically terminate if you fail to comply with
any term hereof. No notice shall be required from MEGAGOLD-B to effect
such termination. Upon termination, you agree to destroy all copies of the
Software and its documentation.
Neither this License Agreement nor any part or portion hereof shall be assigned
or sublicensed by you. MEGAGOLD-B may assign its rights under this
License Agreement in MEGAGOLD-B ‘s sole discretion. Should any provision of
this License Agreement be held to be void, invalid, unenforceable or illegal by
a court, the validity and enforceability of the other provisions shall not be
affected thereby. If any provision is determined to be unenforceable, you agree
to a modification of such provision to provide for enforcement of the
provision’s intent, to the extent permitted by applicable law. Failure of
MEGAGOLD-B to enforce any provision of this License Agreement shall not
constitute or be construed as a waiver of such provision or of the right to
enforce such provision. If you fail to comply with any term of this License
Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED, WITHOUT NOTICE AND
MEGAGOLD-B MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU WHICH ARE
AVAILABLE UNDER APPLICABLE LAW AND/OR THIS LICENSE AGREEMENT. You agree that
in the event of litigation relating to this License Agreement, the prevailing
litigant shall be entitled to recover the prevailing litigant’s attorneys’ fees
and expenses and costs of court in addition to all other relief available under
this License Agreement and/or applicable law. In the event this License
Agreement is terminated, you shall have no right to use the Software, in any
manner and you shall immediately destroy all copies of the Software in your
possession, custody or control. You agree that your unauthorized use of any
MeldaProduction property, whether in whole or in part, would immediately and
irreparably damage MEGAGOLD-B such that MEGAGOLD-B could not be
adequately compensated by an award of monetary damages, and in the event of
such threatened or actual unauthorized use MEGAGOLD-B shall be entitled
to an injunctive order appropriately restraining and/or prohibiting such
unauthorized use without the necessity of MEGAGOLD-B posting bond or
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, YOU UNDERSTAND THIS
LICENSE AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE
SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE
SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. YOU FURTHER AGREE THAT, EXCEPT
FOR WRITTEN SEPARATE AGREEMENTS BETWEEN QUAZYMODE AND YOU, THIS LICENSE
AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES
OF THE PARTIES HERETO. THIS LICENSE AGREEMENT SUPERSEDES ALL PRIOR ORAL
AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN
QUAZYMODE AND YOU RELATING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT.
MEGAGOLD-B (c) 2017