End user agreement for MindDecider
End-User License Agreement
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and the MIND X2, LTD ("MIND X2") for the MINDDECIDER (hereinafter, the SOFTWARE) identified above, which includes the User's Guide, any associated SOFTWARE components, any media, any printed materials other than the User's Guide, and any "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE. If the SOFTWARE was mailed to you, return the media envelope along with the rest of the package to the location where you obtained it within 30 days from purchase.
"commercial entity" is defined as any corporation registered or otherwise that derives or attempts to derive substantial commercial and monetary gain and benefit from its efforts and endeavors. This includes all Government and Military entities.
"non-commercial entity" is defined as any individual, educational institution, charity or humanitarian organization.
"personal use" means the non-commercial use of SOFTWARE in your own home, with your own personal computer by you, your family or by your close friends. The computer you use SOFTWARE in must be owned by you or by a member of your family, you are not allowed to use an unlicensed version of SOFTWARE in a computer owned by the company you work for.
"Licensed version" means a version of SOFTWARE that has been licensed for use by a "commercial or non-commercial entity". Licensed version is not free and you are not allowed to distribute it in any ways.
"Unlicensed version" means the free version of SOFTWARE that can be used by a commercial or non-commercial entity and has functional limitations.
"license" means the license you own. If you haven't bought a license (i.e. the licensed version) you are bound by the restrictions of the unlicensed version.
"license agreement" means this document. This license agreement is a legal agreement between you (individual or a legal entity) and the MIND X2.
2. THE SOFTWARE IS LICENSED, NOT SOLD.
3. GRANT OF LICENSE.
1. Unlicensed version
Allows you to use the SOFTWARE in an unlimited amount of computers and during unlimited amount of time. To enable restricted functions you must pay the license fee and register your copy. If this SOFTWARE is identified as a demonstration or evaluation version, you may not use it for competitive analysis, or commercial, professional, or for-profit purposes.
2. Licensed version
When you purchase a license you will be provided with a license key. You should enter the license key as prompted by the SOFTWARE. The licensed SOFTWARE may be used by the number of users indicated in your license key and on our invoice. If the SOFTWARE is installed on a terminal or network server or other storage device, you must purchase a license for each user who use the SOFTWARE. A license for the SOFTWARE may not be shared by alternating use of the SOFTWARE between different users.
You may permanently transfer all of your rights under this license provided you transfer all copies of the SOFTWARE and the recipient agrees to the terms of this license.
There are 2 basic types of licenses issued for the SOFTWARE, these are:
a. A SINGLE-USER license. The user purchases a single license, authorizing the use of SOFTWARE (MindDecider or MindDecider Pro) by a single user on one workstation (computer).
b. A MULTI-USER (CORPORATE) license. The user purchases a multiple-user license, authorizing the specified number of users to install SOFTWARE (MindDecider version Pro) on as many workstations as licenses were bought (5 or 10), but no more. When the number of workstations grows, the licensee must buy additional licenses.
4. DISTRIBUTION. You are hereby licensed to make copies of the SOFTWARE as you wish; give exact copies of the original SOFTWARE to anyone; and distribute the SOFTWARE in its unmodified form via electronic means (Internet, BBS's, Shareware distribution libraries, CD-ROMs, etc.). You may charge a distribution fee for the package, but you must not represent in any way that you are selling the SOFTWARE itself. Your distribution of the SOFTWARE will not entitle you to any compensation from the MIND X2. You must distribute a copy of this EULA with any copy of the SOFTWARE and anyone to whom you distribute the SOFTWARE is subject to this EULA.
5. RESTRICTIONS. You may not reverse engineer, de-compile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the SOFTWARE. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. You may not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose.
6. SUPPORT SERVICES. The MIND X2 may provide you with support services related to the SOFTWARE. Any supplemental SOFTWARE code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to MIND X2 as part of the Support Services, the MIND X2 may use such information for its business purposes, including for product support and development. The MIND X2 will not utilize such technical information in a form that personally identifies you.
7. TERMINATION. Without prejudice to any other rights, the MIND X2 may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE.
8. COPYRIGHT. The SOFTWARE is protected by copyright laws of the Russian Federation, international treaty provisions, and the laws of the country of purchase or final use. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of the MIND X2 and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
9. NO WARRANTIES. The MIND X2 expressly disclaims any warranty for the SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE MIND X2 OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF THE MIND X2 SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE MIND X2'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF U.S.$1.00 OR LICENSE FEE PAID BY YOU.
11. MISCELLANEOUS. Should you have any questions concerning this EULA, or if you desire to contact the MIND X2 for any reason, please contact by electronic mail at: email@example.com.