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 MindSwarm LLC for the MindSwarm software product identified
above, which includes computer software and may include associated media, printed
materials, and “online” or electronic documentation (“Product”).
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR
OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO INSTALL,
DOWNLOAD OR USE THE PRODUCT.
GRANT OF LICENSE. MindSwarm grants
you the following rights provided that you comply with all terms and conditions
of this EULA:
MindSwarm grants you the following rights provided
that you comply with all terms and conditions of this EULA:
Installation and use.
A single product license entitles the buyer to install and activate the product
up to 10 times. The buy may install
and activate the product on more than one personally owned and operated machine;
however upon reaching 20 activations, the buyer will be required to purchase another
license. Please note upgrades often
require activating the product again.
Reservation of Rights.
MindSwarm reserves all rights not expressly granted to you in this EULA.
To use a Product identified as an upgrade, you must first be licensed for the product
identified by MindSwarm as eligible for the upgrade.
Upon upgrading the software the software may require activation.
Each time the buyer activates a product their remaining activations is reduced
This EULA applies to updates or supplements to the original Product provided
by MindSwarm, unless we provide other terms along with the update or supplement.
Internal. You may install and activate
the Product on another personally owned and operated computer; however product activations
reduce the number of remaining activations.
Transfer to Third Party. You may not
rent, lease, or lend the Product.
LIMITATION ON REVERSE ENGINEERING, DECOMPILATION,
AND DISASSEMBLY. You may not reverse
engineer, decompile, or disassemble the Product, except and only to the extent that
it is expressly permitted by applicable law notwithstanding this limitation.
Without prejudice to any other rights, MindSwarm may cancel this EULA if
you do not abide by the terms and conditions of this EULA, in which case you must
destroy all copies of the Product and all of its component parts.
CONSENT TO USE OF DATA.
You agree that MindSwarm and its affiliates may collect and use technical
information you provide as a part of support services related to the Product. MindSwarm agrees not to use this information
in a form that personally identifies you.
Not for Resale Software.
Product identified as “Not for Resale” or “NFR,” may not be resold, transferred
or used for any purpose other than demonstration, test or evaluation.
You acknowledge that the Product is of U.S. origin.
You agree to comply with all applicable international and national laws that
apply to these products, including the U.S. Export Administration Regulations, as
well as end-user, end-use and country destination restrictions issued by U.S. and
DISCLAIMER OF WARRANTIES.
To the maximum extent permitted by applicable law, MindSwarm and its suppliers
provide TO YOU the product, and any (if any) support services related to the product
(“Support Services”) AS IS AND WITH ALL FAULTS; and MindSwarm and its suppliers
hereby disclaim with respect to the PRODUCT and SUPPORT SERVICES all warranties
and conditions, whether express, implied or statutory, including, but not limited
to, any (if any) warranties, DUTIES or conditions of OR RELATED TO:
merchantability, fitness for a particular purpose, lack of viruses, accuracy
or completeness of responses, results, WORKMANLIKE EFFORT and lack of negligence. also there is no warranty, duty or condition
of title, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION or non-infringement. The entire risk arising out of use or
performance of the product AND ANY SUPPORT SERVICES remains with you.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN
OTHER DAMAGES. To the maximum extent
permitted by applicable law, in no event shall MindSwarm or its suppliers be liable
for any special, incidental, indirect, or consequential damages whatsoever (including,
but not limited to, damages for loss of profits or confidential or other information,
for business interruption, for personal injury, for loss of privacy, for failure
to meet any duty including of good faith or of reasonable care, for negligence,
and for any other pecuniary or other loss whatsoever) arising out of or in any way
related to the use of or inability to use the PRODUCT, the provision of or failure
to provide Support Services, or otherwise under or in connection with any provision
of this EULA, even in the event of the fault, tort (including negligence), strict
liability, breach of contract or breach of warranty of MindSwarm or any supplier,
and even if MindSwarm or any supplier has been advised of the possibility of such
LIMITATION OF LIABILITY AND REMEDIES.
Notwithstanding any damages that you might incur for any reason whatsoever
(including, without limitation, all damages referenced above and all direct or general
damages), the entire liability of MindSwarm and any of its suppliers under any provision
of this EULA and your exclusive remedy for all of the foregoing shall be limited
to actual damages incurred by you based on reasonable reliance up to the greater
of the amount actually paid by you for the Product or U.S.$5.00.
The foregoing limitations, exclusions and disclaimers shall apply to the
maximum extent permitted by applicable law, even if any remedy fails its essential
U.S. GOVERNMENT LICENSE RIGHTS.
All Product provided to the U.S. Government pursuant to solicitations
issued on or after December 1, 1995 is provided with the commercial license rights
and restrictions described elsewhere herein.
All Product provided to the U.S. Government pursuant to solicitations issued prior
to December 1, 1995 is provided with “Restricted Rights” as provided for in FAR,
48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
If you acquired this Product in the United States, this EULA is governed
by the laws of the State of Georgia.
If this Product was acquired outside the United States, then local law may apply.
This EULA (including any addendum or amendment to this EULA which is included
with the Product) are the entire agreement between you and MindSwarm relating to
the Product and the support services (if any) and they supersede all prior or contemporaneous
oral or written communications, proposals and representations with respect to the
Product or any other subject matter covered by this EULA.
To the extent the terms of any MindSwarm policies or programs for support
services conflict with the terms of this EULA, the terms of this EULA shall control.
The Product is protected by copyright and other
intellectual property laws and treaties.
MindSwarm or its suppliers own the title, copyright, and other intellectual property
rights in the Product. The Product
is licensed, not sold.