End user agreement for MountFocus Keyboard Designer
SOFTWARE LICENSE ATTENTION: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THIS SOFTWARE.THE INDIVIDUAL OR ENTITY INSTALLING THIS SOFTWARE (THE "END USER") AGREES TO BEBOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THISLICENSE, DO NOT INSTALL THE SOFTWARE AND PROMPTLY NOTIFY YOUR SUPPLIER FOR AREFUND. The enclosed computer program(s) and the accompanying documentation are provided to the End-Userby MountFocus Information Systems ("Licensor") for use only under the following terms. Licensor reservesany right not expressly granted to the End-user. The End-User owns the medium on which the Software isrecorded, but Licensor retains ownership of all copies of the Software itself. The End-User assumes soleresponsibility for the installation, use and results obtained from use of the Software. 1. License.End-User is granted a limited, non-exclusive license to do only the following: A. Install and maintain the Software on more than one computer system, e.g., a desktop computer and alaptop computer normally used by the same person at different times, provided that there is no possibilitythat the Software will be used on more than one computer system simultaneously; any such simultaneoususe requires a separate license for each computer system.B. Make a reasonable number of backup copies in machine-readable form solely for backup or archivalpurposes for the computer which the Software is installed. The Software is protected by copyright law. Asan express condition of this License, the End-User must reproduce on the copy Licensor's copyrightnotice and any other proprietary legends on the original copy supplied by Licensor.C. Transfer the Software and all rights under this License to another party together with a copy of thisLicense and all written materials accompanying the Software, provided (i) the End-User gives Licensorwritten notice of the transfer (including in such notice the identity of the transferee), and (ii) the other partyreads and agrees to accept the terms and conditions of this License.2. Restrictions.The End-User may NOT sublicense, assign, or distribute copies of the Software to others. The Softwarecontains trade secrets. The End-User may NOT decompile, reverse engineer, disassemble, or otherwisereduce the Software to a human readable form. THE END-USER MAY NOT MODIFY, ADAPT,TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGNOR TRANSFER THE SOFTWARE, OR CREATE DERIVATIVE WORKS BASED UPON THESOFTWARE OR ANY PART THEREOF, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 1.C ABOVE.3. Protection and Security.The End-User agrees to use its best efforts and to take all reasonable steps to safeguard the Software toensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication,disclosure or distribution in whole or in part, in any form, shall be made. The End-User acknowledges thatthe Software contains valuable confidential information and trade secrets and that unauthorized use and/orcopying are harmful to Licensor. 4. Termination.This License is effective until terminated. This License will terminate immediately without notice fromLicensor if the End User fails to comply with any of its provisions. Upon termination the End User mustdestroy the Software and all copies thereof, and the End-User may terminate this License at any time bydoing so. 5. Limited Warranty.Licensor warrants that, for one month from the date of initial use by the original End User, the Softwareshall operate substantially in accordance with the published functional specifications current at the time ofshipment. If, during the warranty period, a defect appears, End User shall return the Software to Licensorand Licensor's only obligation shall be, at Licensor's election, to replace the defective Software or refundthe purchase price. The End-User agrees that the foregoing constitutes the End-User's sole and exclusiveremedy for breach by Licensor under any warranties made under this Agreement. This warranty does notcover any Software that has been altered or changed in any way by anyone other than Licensor. Licensor isnot responsible for problems associated with or caused by incompatible operating systems or equipment,or for problems in the interaction of the Software with software not furnished by Licensor. No oral or written information or advice given by Licensor or its dealers, distributors, employees or agentsshall in any way extend, modify or add to the foregoing warranty. THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERWARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIESOF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE END-USER ASSUMESALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE SOFTWARE. IN NO EVENTWILL LICENSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THEEND-USER FOR ANY CONSEQUENTIAL INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES(INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OFDATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TOUSE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF LICENSOR HAS BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANYCAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO,AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO LICENSOR FOR THELICENSE OF THE SOFTWARE. 6. Enhancements.From time to time Licensor may, in its sole discretion, advise the End-User of updates, upgrades,enhancements or improvements to the Software and/or new releases of the Software (collectively,"Enhancements"), and may license the End-User to use such Enhancements upon payment of prices as maybe established by Licensor from time to time. All such Enhancements to the Software provided to theEnd-User shall also be governed by the terms of this License. 7. General.This License will be governed by and construed in accordance with the laws of Delaware, and shall inure tothe benefit of Licensor and End-User and their successors, assigns and legal representatives. If any provisionof this License is held by a court of competent jurisdiction to be invalid or unenforceable to any extent underapplicable law, that provision will be enforced to the maximum extent permissible, and the remainingprovisions of this License will remain in full force and effect. Any notices or other communications to be sent toLicensor must be mailed first class, postage prepaid, to the following address: MountFocus InformationSystems Ltd., Syggrou 4 Apt 202, 2027 Strovols Nicosia, Cyprus.This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof,and all prior proposals, agreements, representations, statements and undertakings are hereby expresslycancelled and superseded. This Agreement may not be changed or amended except by a written instrumentexecuted by a duly authorized officer of Licensor. 8. Acknowledgment.BY INSTALLING THIS SOFTWARE, THE END-USER ACKNOWLEDGES THAT IT HAS READ THISLICENSE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. Shouldyou have any questions concerning this License, contact Licensor at the address set forth above.