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THIS AGREEMENT PERMITS YOU TO USE (i) a free, limited-use copy of EasyFit for your own personal evaluation purposes; (ii) to purchase a licensed copy of EasyFit and unlock its full functionality. If you are acquiring a license to a free, limited-use copy of EasyFit, limitations will be placed on the software's functionality unless you order and pay for your copy of the software within 30 days. For more information, please see http://www.mathwave.com/order.html.
THIS SOFTWARE IS FOR PERSONAL USE ONLY. If you are interested in licensing EasyFit for any other purpose, please contact us at email@example.com.
THE SOFTWARE AND ITS ACCOMPANYING DOCUMENTATION ARE PROTECTED BY UNITED STATES AND INTERNATIONAL COPYRIGHT LAW, TRADEMARK LAW AND INTERNATIONAL TREATY AND ARE THE SUBJECT MATTER OF PATENTS AND PENDING PATENTS. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THE SOFTWARE AND RELATED DOCUMENTATION MAY RESULT IN CIVIL AND/OR CRIMINAL PENALTIES.
This Agreement is between MathWave Technologies, and you ("you") (including the company or enterprise you represent or which employs you), the user of EasyFit only as authorized hereunder and the accompanying documentation (collectively "EasyFit"). This copy of EasyFit is intended for your personal use only. For information about site licenses, please contact MathWave at firstname.lastname@example.org.
Based on the foregoing and other good and valuable consideration, you agree:
1. LICENSE GRANT.
Subject to the restrictions below, MathWave grants you a personal, non-exclusive, non-transferable, royalty-free, revocable license ("License") to use EasyFit for personal uses only. This license permits you to make up to two object code copies of EasyFit during the term of this Agreement, installed on up to two personal computers or archival digital storage devices, but for use only by you, and only on a single personal computer concurrently. You must reproduce on all copies of EasyFit the copyright, trademark and patent notices and other proprietary legends that appear on the original copy of EasyFit.
2. EVALUATION LICENSE.
If you have downloaded an unregistered copy of EasyFit, your copy is intended for your personal evaluation use only during a 30-day trial period. Unless you pay for your copy of EasyFit following this trial period you will see a reminder window every time EasyFit is started or exited. After the conclusion of the 30-day trial period EasyFit will stop functioning so you will not be able to use it.
To remove these limitations, you must order and pay for your licensed copy of EasyFit. To order EasyFit please visit the following link and follow the instructions provided: http://www.mathwave.com/order.html.
Once you pay for your copy of EasyFit, you will receive a unique and secret registration number enabling you to unlock EasyFit's full functionality. The registration number you receive is a valuable trade secret belonging to MathWave. You agree not to disclose that serial number to any other person under any circumstances.
4. NO IMPLIED LICENSE.
You acknowledge that this License in no way shall be construed to provide an express or implied license to use, modify or improve any of MathWave's copyrights, trademarks, trade secrets and/or patents.
EasyFit contains proprietary information, which is protected by a combination of copyright, trademark, patent, trade secret and/or other proprietary rights, and constitutes valuable property of MathWave. You acknowledge that MathWave is disclosed to you only for purposes consistent with the terms and conditions of this License and that you do not acquire any rights of ownership or title in MathWave. You may not (i) translate, modify, disassemble, decompile or reverse-engineer EasyFit; (ii) rent, lease, loan, sell, sublicense, grant a security interest in, distribute or otherwise transfer EasyFit to any third party; (iii) create derivative works of EasyFit, except in accordance with this Agreement; or (iv) remove any copyright, patent, trademark or other proprietary notice or label from EasyFit or any accompanying documentation or materials.
MathWave owns all right, title and interest in and to all Intellectual Property Rights subsisting in EasyFit and all portions thereof. For purposes of this Agreement, "Intellectual Property Rights" means any and all rights affecting intellectual or industrial property existing now or in the future in the United States or anywhere in the universe. Intellectual Property Rights include, without limitation, any and all rights (i) under the laws of copyright, patent, trade secret, trademark, trade dress, unfair competition, "droit moral" or moral rights, or other similar laws; (ii) of publicity or privacy; (iii) relating to the development and use of databases, or know-how; and (iv) subsisting in any and all applications, registrations, renewals, extensions, restorations, continuations, divisionals, or foreign counterparts of any of the foregoing. Unauthorized copying of EasyFit will cause MathWave great and irreparable harm. MathWave is entitled to receive immediate equitable relief from any court of competent jurisdiction to prevent or stop your threatened or actual infringement of any of those rights.
7. MAINTENANCE SERVICES.
After you pay a registration fee, you will receive one year of free software upgrades and technical support via electronic mail.
8. DISCLAIMER OF WARRANTIES.
All products and services relating to this Agreement ("Services") including, without limitation, EasyFit, MathWave's Web site, and Maintenance Services are provided "AS IS," without warranty of any kind. MATHWAVE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING EasyFit, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD PARTY'S PATENT(S), TRADE SECRET(S), COPYRIGHT(S) OR OTHER INTELLECTUAL PROPERTY RIGHTS. MATHWAVE DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH USES. MATHWAVE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN EasyFit WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF EasyFit WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN EasyFit WILL BE CORRECTED. FURTHERMORE, MATHWAVE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF EasyFit IN TERMS OF IT'S CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MATHWAVE OR MATHWAVE'S AUTHORIZED REPRESENTATIVE SHALL CREATE ANY WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD EasyFit PROVE DEFECTIVE, YOU (AND NOT MATHWAVE OR MATHWAVE'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MATHWAVE BE LIABLE FOR ANY LOST REVENUE OR PROFITS OR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE EasyFit OR ANY SERVICES RELATING TO THIS AGREEMENT REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES AND EVEN IF MATHWAVE OR MATHWAVE'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE 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 EVENT SHALL MATHWAVE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT MATHWAVE RECEIVED FOR USE OF EasyFit.
This Agreement will commence upon installation of EasyFit. Your rights under Section 1 and/or 2 will immediately and automatically terminate upon your breach of any provision of this Agreement, at which time you must destroy all copies of EasyFit in your possession.
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