License Agreement

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.


  1. 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:

 

(a) Installation/Use.

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.

 

 

  1. 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.

 

(a) Distribution.

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.

 

(d) Rental/Transfer.

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.

 

 

  1. 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

hard drive;

(ii) you may copy the Software from your computer hard drive into your computer

RAM; and

(iii) you may make “back up” or archival copies of the Software.

 

 

  1. 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.

 

 

  1. 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.

 

 

  1. INDEMNIFICATION.

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.

 

 

  1. TERMINATION.

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.

 

 

  1. MISCELLANEOUS.

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

other security.


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

EU

www.quazymode.com