End user agreement for FlashStats 2006
MAXIMIZED SOFTWARE LICENSE AGREEMENT
REDISTRIBUTION NOT PERMITTED
1. GRANT FOR LIMITED-FUNCTIONALITY TRIAL VERSION. Maximized Software hereby grants you a non-exclusive license to use this FlashStats 2006 (TM) software ("Software") free of charge for no more than 15 days, starting from the first date of use, subject to any limits of functionality implemented in the Software, and subject to the terms expressed in the rest of this agreement. You are not entitled to hard-copy documentation, support or telephone assistance. You are encouraged to evaluate the Software to ensure your satisfaction before purchasing a license for the Software.
2. GRANT FOR REGISTERED VERSION. Upon purchase of a license for the Software, Maximized Software grants you a non-exclusive license to use the Software (with functionality limitations as defined in section 2B below) indefinitely, subject to the terms expressed in the rest of this agreement. Purchase of a license does not permanently entitle you to any given level of documentation, support, or telephone assistance. Maximized Software may at any time discontinue support for the Software with no obligation to you.
2B. EDITIONS. When registered, the Software will operate as one of the following Editions:
(1) - Standard Edition: one web site can be analyzed.
(2) - Professional Edition: an unlimited number of web sites can be analyzed.
Future versions of the Software may implement different Edition definitions. You agree to be bound by any new Edition definitions (and any resulting functionality limitation) if you choose to upgrade to such a future version of the Software.
3. DISCLAIMER OF WARRANTY. Maximized Software makes no representations about the suitability of the this Software, or about any content or information made accessible by the Software, for any purpose. Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not Maximized Software assume the entire cost of any service and repair. Maximized Software shall not be held liable for any damages suffered by you, whether incurred or projected. This disclaimer of warranty constitutes an essential part of the agreement. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
4. SCOPE OF GRANT. The grants provided in paragraph 1 and 2 above are provided for one user to use the Software. You may also make a copy of the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices. Each separate user of the Software must have their own license.
5. YOU MAY NOT: PERMIT USE OF THE SOFTWARE EXCEPT UNDER THE TERMS LISTED ABOVE; MODIFY, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE (EXCEPT TO THE EXTENT APPLICABLE LAWS SPECIFICALLY PROHIBIT SUCH RESTRICTION), MONITOR, OR CREATE DERIVATIVE WORKS BASED ON THE SOFTWARE; COPY THE SOFTWARE (EXCEPT AS SPECIFIED ABOVE); RENT, LEASE, TRANSFER OR OTHERWISE TRANSFER RIGHTS TO THE SOFTWARE; REMOVE OR MODIFY ANY PROPRIETARY NOTICES OR LABELS IN OR ON THE SOFTWARE; OR TAKE ANY ACTIONS TO BYPASS THE FUNCTIONALITY LIMITATIONS IMPLEMENTED IN THE SOFTWARE SO AS TO GET FULL FUNCTIONALITY WITHOUT PAYING FOR A LICENSE.
6. TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain in Maximized Software, its successors, assigns, and/or its suppliers. The Software is protected by the copyright laws and treaties.
7. TERMINATION. The license will terminate automatically if you fail to comply with the limitations described herein. Furthermore, either party may terminate the license at any point without written notice to the other party. On termination, you must destroy all copies of the Software and Documentation.
8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MAXIMIZED SOFTWARE OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL MAXIMIZED SOFTWARE BE LIABLE FOR ANY DAMAGES, EVEN IF MAXIMIZED SOFTWARE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
9. MISCELLANEOUS. This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. All other terms of this Agreement will continue to be enforceable. This Agreement shall be governed by California law (except for conflict of law provisions). The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If legal action is required by either party, then both parties agree to be bound by arbitration. The prevailing party in the arbitration will be entitled to recover the attorney's fees that it has incurred from the non-prevailing party. Any legal proceedings shall be filed at the court nearest to Maximized Software.
10. BITKINEX. The Software makes use of another program called BitKinex, which is produced by Barad-Dur, LLC. BitKinex is licensed separately from this Software. This FlashStats 2006 License does not apply to your use of BitKinex. Maximized Software makes no warranty, implicit or explicit, regarding the BitKinex software or any damages you may incur from its use. Maximized Software and Barad-Dur do not indemnify each other in case of any lawsuit filed in respect to either party's Software or other possible cause. Your use of the BitKinex Software is governed by your acceptance of the BitKinex license.
U.S. Government Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Maximized Software, Inc., 85 Ashford Avenue, Mill Valley, CA 94941.
FlashStats and Maximized Software are trademarks of Maximized Software, Inc. All other marks are trademarks or registered trademarks of their respective owners. Copyright 1996 - 2006 Maximized Software, Inc. All rights reserved.