PLEASE READ BEFORE INSTALLING AND USING THIS SOFTWARE.
THIS IS AN AGREEMENT BETWEEN YOU AND MOOSE SOFTWARE BY INSTALLING OR USING THIS SOFTWARE YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE THIS SOFTWARE.
TERMS AND CONDITIONS
1. Grant of License.
(a). Trial License. Moose Software grants to you the non-exclusive right and license to install and use, for your own internal business purposes, one copy of the object code form of this software program. The license granted under this Paragraph 1(a) shall terminate upon your use of this software for an aggregate of fifteen days or as set forth in Paragraphs 3 and 4. Moose Software does not grant you any license to use this software program without payment of the applicable license fee.
(b). Full License. Upon your payment of the applicable license fee, Moose Software will grant to you the non-exclusive right and license to install and use solely for your own internal business purposes one copy of the object code form of this software program and all related user documentation (the "Software") for which the license fee is paid. The license granted under this Paragraph 1(b) will terminate as set forth in Paragraphs 3 and 4. Upon such termination, you agree to destroy the Software and all copies.
You may use the Software on a single central processing unit ("CPU"). You may not use the Software on any network or simultaneously on more than one single-user CPU. All rights not expressly granted to you by this Agreement are reserved by Moose Software This license is effective until terminated. You may terminate it at any time by destroying the Software together with all copies.
2. Copyright. Moose Software retains all title, interest and proprietary rights in and to the Software. You may not copy all or any part of the Software except: (i) to make one copy of the Software solely for backup and archival purposes; or (ii) to transfer the Software to a single hard disk. You shall not remove any copyright or other proprietary notice from the Software and you must reproduce all copyright and other proprietary rights notices on any copy you make.
3. Other Restrictions. You shall not: (i) modify, translate, reverse engineer, de-compile, or disassemble the Software; (ii) directly or indirectly export or re-export the Software; (ii) disclose the Software to any third party; or (iv) except as otherwise provided herein, assign, sell, lease, rent, sub-license, distribute, or otherwise transfer or attempt to transfer the Software. You agree to use reasonable efforts to keep the Software confidential. If you have a license to the Software under Paragraph 1(b) above, you may transfer the Software solely on a permanent basis as long as you retain no copies of the Software and the recipient agrees, in writing, to the terms of this Agreement. Any transfer of the Software must include all updates and prior versions.
IF YOU FAIL TO COMPLY WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR LICENSE SHALL AUTOMATICALLY TERMINATE. SUCH TERMINATION SHALL BE IN ADDITION TO, AND NOT IN LIEU OF, ANY CRIMINAL, CIVIL OR OTHER REMEDIES AVAILABLE TO Moose Software
4. Infringement. If any of the Software is found to, or if Moose Software believes it may be found to infringe a patent, trademark, or copy right or misappropriate a trade secret, Moose Software, at their sole option, may: (a) obtain a license to use such Software; (b) provide a substitute having comparable or better functionality or performance characteristics; or (c) terminate this Agreement and your license to such Software.
5. Assignment by Moose Software This agreement and the rights and obligations of Moose Software hereunder may be assigned by Moose Software at any time without notice to you.
6. Limited Warranty. Moose Software does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free.
7. No Other Warranties. EXCEPT AS PROVIDED HEREIN, THE SOFTWARE IS PROVIDED "AS IS" AND Moose Software EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY CONCERNING THE SOFTWARE OR THE APPLICATION, OPERATION OR USE THEREOF, OR THE DATA GENERATED BY THE OPERATION OR USE THEREOF, INCLUDING, ANY IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR OF MERCHANTABLE QUALITY, NON-INFRINGEMENT OR OF FITNESS FOR ANY PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE, CONCERNING THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS AND THE APPLICATION, OPERATION, OR USE THEREOF.
8. Customer Remedies. Moose Software's entire liability and your exclusive remedy for any breach of this Agreement by Moose Software shall be replacement of defective media or, if Moose Software is unable to replace such media, return of the license fee paid in respect of the Software.
9. NO LIABILITY FOR DAMAGES. You assume the entire risk as to the quality and performance of the Software. IN NO EVENT SHALL Moose Software HAVE LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR DAMAGES IN THE FORM OF CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, LOST PROFITS, LOST SAVINGS, LOST DATA, LOSS OF GOODWILL OR OTHERWISE, OR FOR EXEMPLARY DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SOFTWARE, EVEN IF Moose Software HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Moose Software'S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS RECEIVED BY Moose Software FROM YOU FOR SOFTWARE LICENSED HEREUNDER.
10. Governing Law. This Agreement shall be governed by, and construed in accordance with, the internal laws of the State of California.
11. Entire Agreement. This Agreement is the entire agreement between you and Moose Software regarding the Software, and it supersedes any information you received relating to the Software or the subject matter of this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND, BY INSTALLING OR USING THE SOFTWARE PROGRAM CONTAINED ON THIS COMPACT DISK, FLOPPY DISK, OR DOWNLOADED FILE INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS HEREIN.
