MSEVEN SOFTWARE LLC
SOFTWARE LICENSE AGREEMENT
IMPORTANT: YOU SHOULD READ THIS AGREEMENT BEFORE INSTALLING THE SOFTWARE. INSTALLING THIS SOFTWARE AND/OR USING THE PROGRAM INDICATES YOUR ACCEPTANCE OF THE TERMS STATED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SOFTWARE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY RETURN THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND.
1. LICENSE. mSeven Software LLC, (“mSeven Software”) grants you a non-exclusive license to install and use the software product defined above (the “Program”) subject to the terms and conditions set forth in this Software License Agreement. You are responsible for the selection of the Program to achieve your intended results, and for the installation, use and results obtained from the Program.
2. COPYRIGHT. This Program is owned by mSeven Software and is protected by the United States copyright laws and international treaty provisions. You must treat the Program like other copyrighted material with the following exception: Under this Software License Agreement, you may make archival copies of the Program for the sole purpose of having a backup copy.
3. RESTRICTIONS ON USE. You may use the Program on one computer for each purchase made. You may not use, copy or transfer copies of the Program except as provided in this Software License Agreement. You may not reverse engineer, decompile or disassemble the Program. You may not sublicense, rent, lease, or distribute the Program.
4. TRANSFER. You may assign your rights under this Software License Agreement to a third party who agrees in writing to be bound by this Software License Agreement before the assignment, provided that you transfer all copies of the Program and accompanying documentation in any form to the third party or destroy any copies not transferred. Except as set forth above, you may not assign your rights under this agreement.
5. LIMITED PROGRAM WARRANTY. mSeven Software warrants that the Program, unless modified by you, will perform substantially in accordance with the accompanying documentation for a period of ninety (90) days from the date of delivery to the original licensee. If notified in writing during this warranty period that the Program is defective, mSeven Software will attempt to make the Program operate as warranted by providing a correction. If mSeven Software is unable to correct the defect within ninety days after notification, you may terminate your license and obtain a refund by returning all copies of the Program together with a copy of your license payment receipt. This limited warranty will apply only if the Program is licensed and located in the United States. mSeven Software does not warrant that the performance of the Program will meet your requirements or that the operation of the Program will be error free, or that defects in the Program will be corrected. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6. LIMITATION OF REMEDIES AND LIABILITY. The remedies described in this Software License Agreement are your exclusive remedies and mSeven Software's entire liability. IN NO EVENT WILL MSEVEN SOFTWARE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST BENEFITS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OF OR INABILITY TO USE THE PROGRAM OR ANY BREACH OF WARRANTY. MSEVEN SOFTWARE'S LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL BE LIMITED TO THE MONEY PAID FOR THE PROGRAM THAT CAUSED THE DAMAGES OR THAT IS THE SUBJECT MATTER OF, OR IS DIRECTLY RELATED TO, THE CAUSE OF ACTION.
7. TERM. This Software License Agreement is effective until terminated. You may terminate at any time by destroying all copies of the Program in any form. It will terminate automatically if you fail to comply with any term or condition of the Software License Agreement. Upon such termination, you agree to destroy all copies of Program.
8. GOVERNMENT LICENSEES. RESTRICTED RIGHTS LEGEND. The Program and accompanying documentation are provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government or any agency or instrumentality thereof is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 52.227-7013 and FAR 52.227-19. Contractor is mSeven Software LLC.