ACTIVE SEARCH ENGINE SERVER APPLICATION. THE END USER LICENSE AGREEMENT. ã Myrasoft
SINGLE INSTANCE LICENSE (SINGLE COPY OF THE PROGRAM FOR USE ON A SINGLE WEB SERVER AND A SINGLE DOMAIN NAME)
WARNING: This Software is protected by copyright laws, intellectual property, ownership laws and other international treaties.
REDISTRIBUTION NOT PERMITTED: Unauthorized distribution of the Software in full or in part, or of any of its components, documentation or applications will be prosecuted to the maximum extent of the law.
BY CLICKING ON THE “ACCEPT" BUTTON WHEN INSTALLING THE SOFTWARE OR OPENING THE PACKAGE, YOU ARE CONSENTING TO BE BOUND BY THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT CLICK THE "DECLINE" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE OR RETURN THE PRODUCT BEFORE INSTALLATION TO THE PLACE OF PURCHASE.
GRANT. Subject to payment of applicable license fees, the manufacturer, Myrasoft, grants you a non-exclusive license to use the Software and any accompanying documentation ("Documentation") in the manner described below under "Scope of Grant"
SCOPE OF GRANT.
· Use a SINGLE INSTANCE of the Software on any SINGLE WEB SERVER and a SINGLE WEB DOMAIN NAME. A single instance is a single copy of the Software running and installed on a single web server and a single web domain name, such as yourdomain.com. Once you have installed ONE COPY of the software on your domain name only one copy will be used on that domain name and you can NOT install it for use on other domain names or web servers.
· Multiple users of you organization can use the Software bounded to the Terms of this License Agreement , PROVIDED that each person is accessing ONLY a Single Instance of the Software through a Single Server and Single Web Domain Name.
· Use the Software on one personal computer for installation, administration, uploading, back-up and testing purposes only.
· Copy the Software for archival purposes ONLY, provided any copy must contain all the original Software's proprietary notices.
YOU MAY NOT:
· Install more than one copy of the Software on a Single Web Domain Name.
· Install the Software for use on more than one Web Domain Name.
. Install the Software for use on more than one Web Server.
· Modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on the Software.
· Copy the Software other than as specified above.
· Rent, lease, grant a security interest in or otherwise transfer rights to the Software
· Remove any proprietary notices or labels on the Software or its output.
. Distribute the software in any form unless you are an Authorized Myrasoft Partner or Distributor.
LIMITED WARRANTY
Myrasoft warrants that the original disks are free from defects for 30 days from the date of delivery of the Software. If purchase is made via downloading the software, this warranty does not apply.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY MYRASOFT WHICH MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NON INFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MECHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO DEALER, AGENT, EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident, abuse or improper use; or if you violate the terms of this Agreement, then this Warranty shall immediately be terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the software was designed to be used as described in the Documentation.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain in Myrasoft. The Software is protected by the copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License gives you no rights to such content.
TERMINATION: The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must uninstall all Software from any computer and destroy all copies of the Software and Documentation.
EXPORT CONTROLS: None of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) any country to which the U.S. or the European Union has embargoed goods; or (ii) to anyone on the U.S. Treasury Departments list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
END USER RESPONSIBILITIES: The End User must regularly back-up the Software, data files and external or internal databases that it uses to a secure location. The administration and maintenance of the software, data files, databases and the web server where the Software is installed is the responsibility of the End User. Additionally the Software may rely for certain functionality on External Components provided by a different manufacturer. Myrasoft makes no warranties, claims or provisions for any third party components and the End User is responsible for making any and all appropriate licensing arrangements with such third party component providers.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE SHALL MYRASOFT 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 AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL MYRASOFT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT IT RECEIVED FROM YOU FOR ONE LICENSE TO THE SOFTWARE, EVEN IF IT 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 THE DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
MISCELLANEOUS: If the copy of the Software you received was accompanied by a printed or other form of "hard copy” End User License Agreement whose terms vary from this Agreement, then the hard copy End User License Agreement governs your use of the Software. This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND THOSE IN YOUR PURCHASE ORDER.
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. This Agreement shall be governed by the Myrasoft office location state or country law (except for conflict of law provisions) or by default by European Union law. The application of the United Nations Convention of contracts for the International Sale of Goods is expressly excluded.
U.S. Government Restricted Rights: Use, duplication of 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 subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or at 252.211-7015, and in similar clauses in the NASA FAR Supplement.
TERMS OF PRODUCT SUPPORT
Software customers are given free email product support for the life-time of the Product Version. "Life-time" is defined as the effective life-time of the product which is as long as that product and version is being sold and supported by Myrasoft. Minor product Updates and revisions will be available with no charge. From time to time Myrasoft will release new Major Versions of the product which can be accessed by users of a previous version through special pricing. This support will be governed by the current Myrasoft support policies of which rules are subject to change from time to time. Although the manufacturer intends to continue the "Life-Time" policy, Life-time support may or may not be continued for subsequent versions of Software. By upgrading to a new version, you'll of course acquire the support policy which applies to that version.
TAXES, DUTIES, AND OTHER FEES: User agrees to be responsible for any taxes, duties, or other applicable fees derived from the licensing of the Software.