IMPORTANT - PLEASE READ THE AGREEMENT CAREFULLY
This End User License Agreement ("EULA") is a legal agreement between You (Either an individual or on behalf of a business or government entity) and Michael Buettner (hereinafter called Licensor).
The "mbFeatherTools Plugin" software and accompanying documentation will hereinafter be called "Software". "You" means the person or company who is being licensed to use the Software.
By installing, copying or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree, please do not install the Software.
1. Software License
1.1 Licensor hereby grants you a nonexclusive license to use one copy per license of the Software on any single computer, provided that each license is in use on only one computer at any time. The Software is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer - for example, a hard disk, CD-ROM or other storage device.
1.2 You may not modify, adapt, translate, localize or create derivative works based upon the Software, in whole or in part, by any other means, unless explicitly allowed by Licensor in written form.
1.3 You may not separately publish, sell, market, distribute, loan, lease, rent, commercialize or sub-license the Software. You may not reverse engineer, decompile, deactivate, decrypt, disassemble or otherwise attempt to discover the source code, underlying ideas, user interface techniques or algorithms of the Software by any means whatsoever, directly or indirectly, or disclose any of the foregoing. You may not block, alter or otherwise interfere with the techniques or algorithms employed by the Software to authenticate and validate the proper use and licensing of the Software. You may not remove, replace or alter any copyright, patent and other intellectual property markings that appear on or in the Software.
1.4 You may not place the Software onto a server so that it is accessible via a pubic network such as the Internet.
1.5 You may make back-up copies of the Software for archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the "License Grant" section above.
1.6 You may transfer all your rights to use the Software to another person or legal entity provided you transfer this Agreement, the Software, including all copies, update and prior versions to such person or entity and that you retain no copies, including copies stored on computer.
2. Intellectual Property
2.1 You acknowledge that your possession, installation, or use of the Software does not transfer you any ownership, title or registrable interest of any kind to the intellectual property in the Software, and that you will not acquire any rights to the Software except as expressly set forth in this EULA.
2.2 Licensor remains the owner of all right, title and interest in the Software.
2.3 The Software is protected by the copyright laws of Germany and international treaties.
3. Warranty Disclaimer
3.1 YOU AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. LICENSOR HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED TO YOU 'AS IS' WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
3.2 The Software is not fault-tolerant and is not designed or intended for use in hazardous or mission-critical environments requiring fail-safe performance, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (“HIGH-RISK ACTIVITIES”). Licensor expressly disclaims any express or implied warranty of fitness for HIGH-RISK ACTIVITIES.
4. Limitation of Liability
4.1 IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF LICENSOR OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES) OR FOR ANY CLAIM BY ANY OTHER PARTY.
5. Software Support and Updates
5.1 Licensor will offer reasonable levels of installation and activation support. Licensor is not obligated to provide further technical support or updates for the Software. However, Licensor may offer technical assistance, support or updates through online discussion forums, e-mail services and/or other means. In such cases, no response time will be guaranteed. Any support or update provided will be deemed part of the Software and governed by this EULA.
6.1 To validate your license, the Software sometimes needs to send some information to the server. This information will be held confidential and will not be given to or shared with others.
6.2 When in use, the Software sends the following information ("Licensing and Version Data"):
The serial number which is currently in use by the Software
The Software version
The IP and name of the computer the Software is running on
Your operating system
The Software does not collect any private and personally identifiable information, other than the Licensing and Version Data.
6.3 You agree that the Software may communicate with the designated servers at the time of installation and useage for the purpose of serial number validation.
7.1 Regardless of the location of the Software, you are responsible for strict compliance with any and all of the terms and conditions of this EULA.
7.2 This EULA will terminate automatically if you fail to comply with any of the limitations or other requirements described herein, and such termination shall be in addition to and not in lieu of any criminal, civil or other remedies available to Licensor. Upon termination, you must remove and destroy all copies of the Software.
7.3 You may terminate this EULA at any point by destroying all copies of the Software. This EULA is effective unless and until You or Licensor terminates the EULA earlier.
7.4 You agree on termination of this license to destroy all copies of the Software and in your possession.
8. General Provisions
8.1 If any provision of this EULA is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.
8.2 This EULA will be governed by the laws of Germany. In the event of a dispute or legal action between the parties, they agree to waive any objections to personal jurisdiction, and agree to service of process and exclusive venue in the Courts of Germany.
8.3 You agree that this is the entire agreement between you and Licensor, which supersedes any prior agreement, whether written or oral, and all other communications between Licensor and you relating to the subject matter of this Agreement.
8.4 All rights not expressly granted in this EULA are reserved by Licensor.
9.1 Licensee shall make payment to Licensor prior to delivery of the Software. Fee is non-refundable and payable upon acceptance of the terms and conditions set out herein.
Copyright (c) 2009 by Michael Buettner