WinMLS 2000 3


EULA - End User License Agreement



This Morset Sound Development End-User License Agreement is a legal
agreement between you (either an individual or a single entity) and
Morset Sound Development for the WinMLS software product
identified below, which include computer software, online or electronic
documentation, and may include associated media and printed materials.
By installing, copying, or otherwise using the software product, you
agree to be bound by the terms of this AGREEMENT. If you do not agree
to all of the terms of this AGREEMENT, do not use the software.
_____________________________________________________________

MORSET SOUND DEVELOPMENT PRODUCTS SHRINK-WRAP LICENSE
AGREEMENT
The software WinMLS (the SOFTWARE) by Morset Sound Development
is protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties. The SOFTWARE
is licensed, not sold. The SOFTWARE is not public domain software, nor
is it free software. WinMLS is copyrighted by Morset Sound Development.

This Shrink-wrap License Agreement has 4 parts. Part I applies if you
have not purchased a license for the Software. Part II applies only
after you have purchased a Personal License for the Software.
Part III applies only after you have purchased a Professional License
for the Software. Part IV applies to all license grants.

If you initially acquired a copy of the Software without purchasing a
license and you wish to purchase a license, contact us on the
Internet at http://www.winmls.com. Following payment, you will receive
an unlock code that will license the software.
PART I -- TERMS APPLICABLE FOR THE EVALUATION OR BETA
SOFTWARE ONLY,
WHEN LICENSE FEES NOT PAID

This license is valid only for the evaluation SOFTWARE, prior to
purchasing and licensing the SOFTWARE from Morset Sound Development.

Morset Sound Development grants to you a non-exclusive, non-sublicensable,
single license to use this evaluation version of the SOFTWARE on a
20-day trial basis for the purpose of determining whether the SOFTWARE
is suitable for your needs. After this initial 20-day trial license
expires, you must license the program to continue using it. The use of
unlicensed copies of the SOFTWARE by any person, business, corporation,
government agency or any other entity beyond the trial period is
strictly prohibited. Passing this license to other people or entity
is prohibited.

YOU MAY NOT REDISTRIBUTE ANY PART OF THE SOFTWARE IN CONJUNCTION
WITH AND AS A PART OF ANY OTHER APPLICATION.

A limited license is granted to copy and distribute the SOFTWARE only
for the trial use of others, subject to the above limitations, and also
the following: (1) The SOFTWARE must be copied in unmodified form,
complete with the file containing this license information. (2) The full
machine-readable SOFTWARE documentation must be included with each copy.
(3) No fee, charge, or other compensation may be requested or accepted
except a reasonable disk duplication and handling fee.
PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID FOR
PERSONAL LICENSE

This license is valid only after purchasing an PERSONAL LICENSE
for the SOFTWARE from Morset Sound Development.

Morset Sound Development grants to you a non-exclusive, non-
sublicensable, perpetual license to use the SOFTWARE, for usage as
stated in the License purchased from Morset Sound Development. The
combined number of users of the SOFTWARE cannot exceed the number of
concurrent users licensed.

Usage of Personal Edition of the SOFTWARE for commercial purpose
is not allowed. Universities are allowed to use the Personal Edition for
classroom education in sceduled courses only, for research it is not
allowed to use the Personal Edition of the SOFTWARE.

YOU MAY NOT REDISTRIBUTE ANY PART OF THE SOFTWARE IN CONJUNCTION
WITH AND AS A PART OF ANY OTHER APPLICATION.
PART III -- TERMS APPLICABLE WHEN LICENSE FEES PAID - PROFESSIONAL
VERSION

This license is valid only after purchasing and licensing the PROFESSIONAL
VERSION of the SOFTWARE from Morset Sound Development.

Morset Sound Development grants to you a non-exclusive, non-sublicensable,
perpetual license to use the SOFTWARE, for usage as stated in the License
purchased from Morset Sound Development. The combined number of users
of the SOFTWARE cannot exceed the number of concurrent users licensed.
PART IV -- TERMS APPLICABLE TO ALL LICENSE GRANTS

1. COPYRIGHT

All title and copyrights in and to the SOFTWARE (including but
not limited to any text incorporated into the SOFTWARE), the
accompanying printed materials, and any copies of the SOFTWARE,
are owned by Morset Sound Development or its suppliers. The SOFTWARE is
protected by copyright laws and international treaty provisions.
Therefore, you must treat the SOFTWARE like any other
copyrighted material except that you may either (1) make copies of the
SOFTWARE solely for backup or archival purposes, or (2) install
the SOFTWARE on as many computers, provided the combined number
of users of the SOFTWARE does not exceed the number of concurrent users
licensed at any time. You may not copy the printed materials accompanying
the SOFTWARE.

Title, ownership rights, and intellectual property rights in and to the
Software shall remain in Morset Sound Development and/or its suppliers.
You agree to abide by the copyright law and all other applicable laws of
the United States including, but not limited to, export control laws. You
acknowledge that the SOFTWARE in source code form remains a confidential
trade secret of Morset Sound Development and/or its suppliers and
therefore you agree not to modify the Software or attempt to decipher,
decompile, disassemble or reverse engineer the Software, except to the
extent applicable laws specifically prohibit such restriction. All content
accessed through the Software is the property of the applicable content
owner and may be protected by applicable copyright law. This License
gives you no rights to such content.

2. TERMINATION

Without prejudice to any other rights, Morset Sound Development may
terminate this AGREEMENT if you fail to comply with the terms and
conditions of this AGREEMENT. In such event, you must destroy all copies
of the SOFTWARE. You may terminate this License at any time by destroying
or erasing your copy of the Software. Upon termination of this License,
you agree to destroy or erase the Software. In the event of
termination, part III of this License will survive.
This License is personal to you and you agree not to assign
your rights herein. This License shall be governed by and construed in
accordance with the laws of the United States and, as to matters
affecting copyrights, trademarks and patents, by U.S. federal law. This
License sets forth the entire agreement between you and Morset Sound
Development.

3. NON-COMPETE

Morset Sound Development reserves the right to revoke this License
Agreement if your Deliverable is deemed to compete substantially with
any of Morset Sound Development products. Morset Sound Development
shall be the sole aribtrar for deciding as to whether or not your
Deliverable passes this Non-Compete clause. Contact MathTools
immediately if you have reason to believe that your Deliverable fails
this restriction. In this case, a full refund will be issued in exchange
for the return of the Software.

4. SOFTWARE TRANSFER

You may permanently transfer all of your rights under this AGREEMENT,
provided you retain no copies, you transfer all of the SOFTWARE
(including all parts, the media and printed materials, any upgrades, and
this AGREEMENT), you provide Morset Sound Dev. notice of your name, company,
and address and the name, company, and address of the person to whom you are
transferring the rights granted herein, and the recipient agrees to the
terms of this AGREEMENT. If the SOFTWARE PRODUCT is an upgrade, any
transfer must include all prior versions of the SOFTWARE.

5. EXPORT RESTRICTIONS

You agree that neither you nor your customers intend to or will,
directly or indirectly, export or transmit the SOFTWARE or
related documentation and technical data (or any part thereof), or
process, or service that is the direct product of the SOFTWARE
to any country to which such export or transmission is restricted by any
applicable U.S. regulation or statute, without the prior written
consent, if required, of the Bureau of Export Administration of the U.S.
Department of Commerce, or such other governmental entity as may have
jurisdiction over such export or transmission. By downloading the
Software, you are agreeing to the foregoing and you are representing and
warranting that you are not located in, under control of, or a national
or resident of any such country or on any such list.

6. DISCLAIMER OF WARRANTY

NO WARRANTIES. The SOFTWARE PRODUCT is provided as is without
warranty of any kind. To the maximum extent permitted by applicable law,
Morset Sound Development and its suppliers disclaim all warranties, either
express or implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose and any warranty
against infringement, with regard to the SOFTWARE. This limited
warranty gives you specific legal rights. You may have others that vary
from state/jurisdiction to state/jurisdiction.

CUSTOMER REMEDIES. Morset Sound Developments entire liability and your
exclusive remedy shall not exceed the price paid for the SOFTWARE.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted
by applicable law, in no event shall Morset Sound Development or its
suppliers be liable for any damages whatsoever (including, without
limitation, damages for loss of business profits, business interruption,
loss of business information, or any other pecuniary loss) arising out of
the use of or inability to use this Morset Sound Development product,
even if Morset Sound Development has been advised of the possibility of
such damages. Because some states/jurisdictions do not allow the exclusion
or limitation of liability for consequential or incidental damages, the
above limitation may not apply to you.

HIGH RISK ACTIVITIES. The SOFTWARE is not fault-tolerant and is not
designed, manufactured or intended for use or resale as on-line control
equipment in hazardous environments requiring fail-safe performance,
such as in the operation of nuclear facilities, aircraft navigation or
communication systems, air traffic control, direct life support
machines, or weapons systems, in which the failure of the Software could
lead directly to death, personal injury, or severe physical or
environmental damage (High Risk Activities). Morset Sound Development
and its suppliers specifically disclaim any express or implied warranty of
fitness for High Risk Activities.

7. U.S. GOVERNMENT RESTRICTED RIGHTS

This product is provided with restricted rights. Use, duplication, or
disclosure by the government is subject to restrictions set forth in
subdivision (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at 48 CFR 252.227-7013, or in subdivision (c)(1) and (2)
of the Commercial Computer Software--Restricted Rights clause at 48 CFR
52.27-19, as applicable. The contractor/manufacturer is Morset Sound
Development, Balders vei 3c, 7033 Trondheim, Norway.

Copyright (c) 1998-2002 Morset Sound Development. All rights reserved.



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Downloads: 289
Updated At: 2024-03-28
Publisher: Morset Sound Development
Operating System: windows
License Type: Free Trial