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This End User License Agreement (the "Agreement") is
a legal agreement between you (either an individual or an entity) and Macro
Enter Corporation (the "Company") regarding the use of "Microspot's
software" or any other Macro Enter Corporation Product or Service,
as the case may be which may include user documentation provided in "online"
or electronic form (the "Microspot's Software"). PLEASE, CAREFULLY
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE YOU CLICK ON THE
"AGREE" BUTTON AT THE SHOPPING CART. BY CLICKING ON THE "AGREE"
BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS
AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE
MICROSPOT SOFTWARE WILL NOT BE DOWNLOADED TO YOUR COMPUTER.
Grant of License. Through this license you agree to your compliance
with the terms hereof. This Agreement permits you to use ONE copy of the
specified version of the "Microspot Software", for internal purposes
only, on only ONE computer, and only by ONE user, at a time. If you have
purchased multiple licenses for the "Microspot Software", then
at any time you may have as many copies of the "Microspot Software"
in use as you have licenses. The "Microspot Software" is "in
use" on a computer when it is loaded into the temporary memory (i.e.
RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or
other storage device) of that computer. We reserve all rights not expressly
granted herein.
Copyright. "Microspot Software" is owned by Microspot Limited
and licensed to the Company , and is protected by United States copyright
laws and international treaty provisions. Microspot Limited own and retain
all right title and interest in and to the "Microspot Software",
including patents, trademarks, copyrights, trade secrets and other intellectual
property rights embodied or contained therein. Therefore, you may not use,
copy, or distribute the "Microspot Software" without written authorization
from Microspot Limited or from the Company.
Restrictions. You may not rent, lease, or loan the "Microspot
Software", but you may transfer your rights under this Agreement permanently,
provided you transfer this Agreement, the "Microspot Software"
and all accompanying printed materials, retain no copies, and the recipient
agrees to the terms of this Agreement. You may not reverse engineer, decompile,
or disassemble the "Microspot Software", except to the extent
the foregoing restriction is expressly prohibited by applicable law. You
may not modify, or create derivative works based upon the "Microspot
Software".
NO WARRANTIES. THE "MICROSPOT SOFTWARE" IS PROVIDED "AS-IS"
WITHOUT ANY WARRANTY WHATSOEVER. YOU ASSUME ALL RISKS AND RESPONSIBILITIES
FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR
THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. THE
COMPANY MAKES NO WARRANTY THAT THE "MICROSPOT SOFTWARE" WILL BE
ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE, OR THAT IT IS COMPATIBLE
WITH ANY PARTICULAR HARDWARE OR SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE "MICROSPOT
SOFTWARE" AND THE ACCOMPANYING WRITTEN MATERIALS. SOME STATES DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE "MICROSPOT SOFTWARE"
MAY NOT BE OR BECOME AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING WITHOUT
LIMITATION PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF
GOD, TECHNICAL FAILURE OF THE "MICROSPOT SOFTWARE", TELECOMMUNICATIONS
INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF
SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, THE TURN OF THE MILLENNIUM,
AND ACTIONS AND OMISSIONS OF THIRD PARTIES. THEREFORE COMPANY EXPRESSLY
DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SYSTEM AND/OR 'MICROSPOT
SOFTWARE" AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE.
LIMITED LIABILITY; NO LIABILITY FOR CONSEQUENTIAL DAMAGES. YOU ASSUME
THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE "MICROSPOT
SOFTWARE" AND THE INFORMATION CONTAINED IN OR COMPILED BY THE "MICROSPOT
SOFTWARE", AND THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH
ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY THE COMPANY OR A THIRD
PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
COMPANY OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL; WORK STOPPAGE;
HARDWARE OR SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME
VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE
THE "MICROSPOT SOFTWARE", OR THE INCOMPATIBILITY OF THE "MICROSPOT
SOFTWARE" WITH ANY HARDWARE SOFTWARE OR USAGE, EVEN IF SUCH PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION,
WHETHER IN CONTRACT, TORT OR OTHERWISE. EXCEED THE AMOUNT PAID BY YOU FOR
THE "MICROSPOT SOFTWARE". BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
U.S. Government-Restricted Rights. The " Microspot Software"
and accompanying documentation are deemed to be "commercial computer
Software" and "commercial computer Software documentation,"
respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212,
as applicable. Any use, modification, reproduction release, performance,
display or disclosure of the "Microspot Software" and accompanying
documentation by the U.S. Government will be governed solely by the terms
of this Agreement and will be prohibited except to the extent expressly
permitted by the terms of this Agreement.
Export Restrictions. You may not download, export, or re-export the
"Microspot Software" (a) into, or to a national or resident of,
any country to which the United States has embargoed goods, or (b) to anyone
on the United States Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading
or using the "Microspot Software", 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. You acknowledge that it is your
sole responsibility to comply with any and all government export and other
applicable laws and that the Company has no further responsibility for such
after the initial license to you.
Your Information and the Company's Privacy Policy. By entering into
this agreement, you agree that the Company may collect and retain information
about you, including your name, email address and credit card information.
The Company employs other companies and individuals to perform functions
on its behalf. Examples include processing credit card payments. They have
access to personal information needed to perform their functions, but may
not use it for other purposes. The Company publishes a privacy policy on
its web site and may amend such policy from time to time in its sole discretion.
You should refer to the Company's privacy policy prior to agreeing to this
Agreement for a more detailed explanation of how your information will be
stored and used by the Company. The Company's privacy policy is provided
as a courtesy to for informational purposes only and contains statement
of its present guidelines and goals with respect to collection, retention
and use of data the Company may obtain from your purchase or use of the
"Microspot Software". The Company does not make any and hereby
disclaims to the maximum extent allowed by law any and all covenants, representations
and warranties with respect to its compliance with the statements of intent
contained in the Company privacy policy.
Refunds. Once the “Microspot Software” is downloaded, it
will not be refundable whatever the reason for the refund request might
be. If you do not agree with this, please order the product in box or order
it only until you are sure that you want it.
General. This Agreement is governed by the laws of the United States
and the State of Florida, without reference to conflict of laws principles.
The application of the United Nations Convention of Contracts for the International
Sale of Goods is expressly excluded. This Agreement shall not be subject
to the Uniform Commercial Code. Any dispute between you and Company regarding
this Agreement will be subject to the exclusive venue of the state and federal
courts in the county of Palm Beach, state of Florida, USA. This Agreement
is the entire agreement between you and Company and supersedes any other
communications or advertising with respect to the "Microspot Software"
and documentation. If any provision of this Agreement is held invalid, the
remainder of this Agreement will continue in full force and effect. No provision
hereof shall be deemed waived or modified except in a written addendum signed
by an authorized representative of the Company.
Contact Information. Should you have any questions concerning this
Agreement, or if you desire to contact the Company for any reason, please
call 954-570-5517, fax 954-570-5589, or send your email at support@macroenter.com |
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