MELIORA SOFTWARE END USER LICENSE AGREEMENT.
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA")
IS A LEGAL AGREEMENT BETWEEN YOU AND MELIORA SOFTWARE. READ IT CAREFULLY
BEFORE USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND
CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING
AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE
AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO
NOT AGREE TO BE BOUND BY THESE TERMS, THEN UNINSTALL THE SOFTWARE FROM
"Meliora" means Meliora Software, Inc. and its licensors, if
any. "Software" means only the Meliora software program(s) and
third party software programs, in each case, supplied by Meliora herewith,
and corresponding documentation, associated media, printed materials,
and online or electronic documentation.
Meliora grants you a non-exclusive and non-transferable license for use
of the accompanying software and documentation, by the number of users
for which the corresponding fee has been paid. The Software is licensed
on a per developer basis i.e. one license per developer (programmer).
The full version of the Software may be redistributed only along with
your projects. Certain rights are not granted under this Agreement, but
may be available under a separate agreement.
You may not alter, modify, adapt or translate the Software, or decompile,
reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable
form. In the event that you fail to comply with this EULA, Meliora may
terminate the license and you must destroy all copies of the Software
(with all other rights of both parties and all other provisions of this
EULA surviving any such termination).
The foregoing license gives you limited license to use the Software. Meliora
and its suppliers retain all right, title and interest, including all
copyright and intellectual property rights, in and to, the Software and
all copies thereof. All rights not specifically granted in this EULA are
reserved by Meliora and its suppliers.
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
Limitation of Liability
NEITHER MELIORA NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE
EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS
INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO
USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH
OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF MELIORA OR ITS REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH
HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
MELIORA'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER
WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED
THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES
AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.