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EULA - End User License Agreement
AVANT4U, Inc. March 2006
9 East Loockerman Suite 1-B
LICENSE AND WARRANTY AGREEMENT
IF YOU DO INSTALL the mind mapping software MINDCHART you do agree to the terms and conditions thereafter and you are indicating your complete understanding and acceptance of the terms of this agreement.
This License Agreement is a legal agreement between you - either an individual or a single entity end user- and AVANT4U INC. for use of the MINDCHART software products, which include "online" or electronic documentation, all of which are protected by U. S. copyright laws and international treaty protection. By installing, copying, or otherwise using the MINDCHART software, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, do not install or use the MINDCHART software.
MINDCHART software comes in several Editions which are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The MINDCHART software is licensed, not sold.
GRANT OF LICENSE
AVANT4U inc. inc. hereby grants you and only you the following non-exclusive license to use MINDCHART software.
You may install and use one copy of the MINDCHART, or any prior version for the same operating system, on a single computer terminal. The primary user of the computer on which the MINDCHART software is installed is allowed to make one additional (i.e. second) copy for his or her exclusive use on a PC or portable computer.
You may also store or install a copy of the MINDCHART software on a storage device, such as a network server, used only to install or run the MINDCHART software on your other computers over an internal network; however, you must purchase and dedicate a separate license for each separate computer terminal on which the MINDCHART software is installed or run from the storage device. A license for the MINDCHART software may not be shared or used concurrently on different computers or computer terminals. You should purchase a license pack if you require multiple licenses for use on multiple computers or computer terminals.
If you purchase a License Pack and you have acquired this License Agreement for multiple licenses of MINDCHART software, you may make the number of additional copies of the computer software portion of the MINDCHART software specified above as "Licensed copies." You are also entitled to make a corresponding number of secondary copies for portable computer use as specified above in the section
TERM OF LICENSE
the license granted hereunder shall commence on the date that you install, copy or otherwise first use MINDCHART software and shall continue only on the computer on which it is initially installed.
if the MINDCHART software is labeled as an upgrade, you must be properly licensed to use a product identified by AVANT4U inc. as being eligible for the upgrade in order to use the MINDCHART software. A MINDCHART software labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this License Agreement.
all right, title and interest in and to MINDCHART software and all copyright rights in and to the MINDCHART software, the accompanying printed materials, and any copies of the MINDCHART software are owned by AVANT4U inc. The MINDCHART software is protected by copyright laws and international treaty provisions. Therefore, you must treat the MINDCHART software like any other copyrighted material except that you may install the MINDCHART software on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the MINDCHART software. You must produce and include all copyright notices in their original form for all copies created irrespective of the media or form in which MINDCHART software exists. You may not sub-license, rent, sell, or lease MINDCHART software. You may not reverse engineer, recompile, disassemble, create derivative works, modify, translate, or make any attempt to discover the source code for MINDCHART software.
AVANT4U inc. warrants that the media on which MINDCHART software is distributed is free from defects for a period of thirty days from the date of delivery of MINDCHART software to you. Your sole remedy for a breach of this warranty will be that AVANT4U inc., at its option, may replace the defective media upon receipt of the damaged media, or refund the money you paid for MINDCHART software. AVANT4U inc. does not warrant that MINDCHART software will be uninterrupted or error free or that the errors will be corrected. AVANT4U inc. does not warrant that MINDCHART software will meet your requirements. AVANT4U inc. HEREBY DISCLAIMS ALL OTHER WARRANTIES FOR MINDCHART SOFTWARE, WHETHER EXPRESSED OR IMPLIED. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
DISCLAIMER OF DAMAGES
anyone using, testing, or evaluating MINDCHART software bears all risk to the quality and performance of MINDCHART software. In no event shall AVANT4U inc. be liable for any damages of any kind, including, without limitation, direct or indirect damages arising out of the use, performance, or delivery of MINDCHART software, even if AVANT4U inc. has been advised of the existence or possibility of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CASE SHALL AVANT4U INC.'S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR MINDCHART software. The disclaimers and limitations set forth above will apply regardless of whether you accept or use, evaluate, or test MINDCHART software.
IMPORTANT NOTICE TO USERS
THIS SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THIS SOFTWARE IS NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE.
GOVERNMENT RESTRICTED RIGHTS/RESTRICTED RIGHTS LEGEND
use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as applicable.
For more information contact
Central Command, Inc. Headquarters
Medina, Ohio 44258-0468
this Agreement will be governed by the laws of the State of Delaware, in the United States of America. This Agreement may only be modified by a license addendum, which accompanies this Agreement or by a written document which has been signed, by both you and AVANT4U inc.. Prices, costs and fees for use of Central Command are subject to change without notice to you. In the event of invalidity of any provision of this Agreement, the invalidity shall not affect the validity of the remaining portions of this Agreement. MINDCHART software and MINDCHART software logos are trademarks of AVANT4U inc.. Microsoft, Windows, Excel, Word, PowerPoint are registered trademarks of Microsoft Corporation. All other trademarks are the property of their respective owners.