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MacBusiness Consulting
MBC Contact Manager License Agreement
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MBC CMDB License Agreement
MacBusiness Consulting Contact Manager Database (MBC CMDB) License Agreement
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THIS SOFTWARE AND PROMPTLY RETURN IT TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND ON THE PURCHASE OF THE MBC CONTACT MANAGER DATABASE TEMPLATE.
The enclosed "MBC Contact Manager Database" (MBC CMDB) electronic contact management program ("Software") is licensed, not sold, to you by MacBusiness Consulting for use only under the terms of this License, and MacBusiness Consulting reserves any rights not expressly granted to you. You own the media on which the Software is recorded or fixed, but MacBusiness Consulting and its licensors retain ownership of the Software itself.
1. License. This License allows you to:
(a) Use one copy of the Software on a single computer at a time (Single User License). To "use" the Software means that the Software is installed on the permanent memory of a computer (i.e., hard disk, etc.). If you want to use it on more that one computer in a multi-user configuration, you must pay the license fee for the apropriate number of computers or buy an 10+ license.
(b) Make copies of the Software in machine readable form solely for backup purposes. As an express condition of this License, you must reproduce on each copy any copyright notice or other proprietary notice that is on the original copy supplied by MacBusiness Consulting.
2. Restrictions. The Software contains trade secrets in its human perceivable form and, to protect them, you may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
3. Termination. This License is effective until terminated. This License will terminate immediately without notice from MacBusiness Consulting or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Software, all accompanying written materials and all copies thereof, and Sections 6, 7 and 8 will survive any termination.
4. Passwords. The Software licensed to you contains features which are protected by certain passwords. You are not authorized to enter, remove or change such passwords, and only MacBusiness Consulting is authorized to enter, remove or change such passwords.
5. Export Law Assurances. You agree that neither the Software nor any direct product thereof is being or will be shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder or will be used for any purpose prohibited by the Act.
6. Warranty Disclaimers.
You acknowledge and agree that the use of the Software is at your own risk. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND.
THIS WARRANTY IS THE ONLY WARRANTY PROVIDED BY MACBUSINESS CONSULTING AND MACBUSINESS CONSULTING AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN THE EVENT THAT ANY WARRANTY IS IMPOSED BY LAW, AUTHOR'S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY WARRANTY WILL BE, AT MACBUSINESS CONSULTING'S OPTION, REPLACEMENT OF THE SHIPPED MEDIA, REFUND OF THE PURCHASE PRICE OF THE MBC CMDB TEMPLATE, OR REPAIR OR REPLACEMENT OF THE SOFTWARE.
7. Limitation of Remedies and Damages. In no event will MacBusiness Consulting, its parent or subsidiaries or any of the licensors, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use of or inability to use the Software or accompanying written materials, regardless of the basis of the claim and even if MacBusiness Consulting or a MacBusiness Consulting representative has been advised of the possibility of such damage. MacBusiness Consulting's liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of $250 or the money paid for the Software Template that caused the damages.
THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. General. This License will be construed under the laws of the State of Hawaii, except for that body of law dealing with conflicts of law. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. If the Software is supplied to the United States Government, the Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the Software are as provided in clause 52.227-19 of the FAR.
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