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User License Agreement:
End User License Agreement for Multi Edit 2008
Section 1: Multi Edit Software, Inc. (hereinafter referred to as MESI) grants to you a nonexclusive, nontransferable license to use Multi Edit Software ("Software") only upon the condition that you accept all of the terms contained in this Software License Agreement. Your use of the Software is limited to the licensing options set forth on your invoice or receipt or as otherwise described in your original purchase and/or upgrade of Multi Edit Software.
End User License: Software provided to you under this option may be installed and used on a desktop and/or laptop. You may neither network the Software, install it on a Server nor otherwise use it on more than one computer system at the same time. The Software may be transferred to and used on another computer used by you, so long as the Software is not used on more than one computer at a time. As used herein, "Server" computer shall mean a data station that provides facilities to other stations in a computer network.
Network License: Software provided under this option may be installed on and processed by the Server computer located at a site indicated on the invoice or sales receipt, and may be installed on and simultaneously processed by the number of workstations and/or personal computers which have electronic access to the Server computer located at any site indicated on the invoice or sales receipt, limited to the number of users as indicated on the invoice and or sales receipt.
You may make one copy of the Software for backup or archival purposes in support of your permitted use of the Software.
Section 2: You may not transfer the Software to another entity or person without specific written agreement from MESI. Any such transfer terminates your license under this Agreement. You shall not modify, translate, reverse assemble or reverse compile in whole or in part the Software that is provided in object code only (the "Object Code"). You shall not rent, sell, time-share, lease, sublicense, transfer, publish, disclose, display or otherwise make available the Object Code or copies thereof to others. You may not copy the Object Code except as provided herein. You shall not tamper with, bypass or alter any security features of the Software or attempt to do so.
Section 3: Multi-Edit 2008 makes use of the following open source libraries: TurboPower OnGuard and TurboPower Internet Professional. The downloadable source code for these libraries can be found on the Multi-Edit website at http://www.multieditsoftware.com/downloads_win.htm under file names, tponguard_1_13.zip and tpipro_1_15.zip.
Section 4: Polystyle is incorporated in its entirety within ME2008 of Multi-Edit Software. Upon your acceptance of the terms of this Agreement, you hereby agree that all protections extended to MESI as pertains to your use of its Software shall also extend to Polystyle as pertains to the use of its Software. A License Agreement specific to Polystyle can be found in the Polystyle root directory within the Multi-Edit installation.
Section 5: BCDiffer is incorporated in its entirety within ME2008 of Multi-Edit Software. Upon your acceptance of the terms of this Agreement, you hereby agree that all protections extended to MESI as pertains to your use of its Software shall also extend to BCDiffer as pertains to the use of its Software. A License Agreement specific to BCDiffer can be found within the BCDiffer Help in the Help directory within the Multi-Edit installation.
Section 6: This license is not a sale. Title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain wholly vested in MESI. You agree to abide by the copyright laws and all other applicable laws of the United States. You acknowledge that the Software in source code remains a confidential trade secret of MESI. Failure to comply with the above restrictions will result in automatic termination of this license and will make available to MESI other legal remedies. You may not disclose any of MESI's proprietary or trade secret information relating to the Software to any third party. You agree to secure and protect the Software, Documentation and copies thereof in a manner consistent with the maintenance of MESI's rights therein and to take appropriate action by instruction or agreement with anyone who is permitted by you to have access to the Software, to satisfy your obligation hereunder.
Section 7: MESI warrants the software media, if provided in a MESI-packaged CD format, for a period of 30 days. If during this period, the software media is found to be defective, it may be returned to us for a free replacement. MESI makes no other warranties, express or implied, with respect to the Software, and/or Documentation, and specifically disclaims the implied warranties of merchantability and fitness for particular purposes. MESI does not warrant that the operation of the Software will be uninterrupted or error free.
To the maximum extent permitted by law, in no event shall MESI be liable for any special, incidental, consequential or punitive damages whatsoever, including any claims for lost profits, business interruption, lost information or other damages arising out of the use or inability to use the Software. In all events, MESI's sole obligation or liability under this license is the replacement or repair of the Software or, at our option, a refund of the purchase price.
Section 8: The Software and Documentation are "commercial computer software" and "commercial computer software documentation," respectively, and are provided with Restricted Rights under Federal Acquisition Regulations and agency supplements to them. Use, duplication or disclosure by the U.S. 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 et seq. and DFARS 252.227-7015, and subparagraphs (a) through (d) of the Commercial Computer Software Restricted Rights at FAR 52:227-19, as applicable, or similar clauses in the NASA FAR Supplement. Manufacturer is Multi Edit Software, Inc. 7532 E Dulciana Cir, Mesa, AZ 85208-2040.
Section 9: MESI may terminate this Agreement immediately and without notice if you fail to comply with any item or condition of this Agreement. In the event of the termination of this Agreement, all the sections of this Agreement will survive except for Section 1.
Section 10: The laws of the State of Arizona, U.S.A., shall govern the interpretation of this Agreement, irrespective of the fact that one of the parties now is nor may become a resident of a different state or country. The parties shall submit all disputes, which arise under this Agreement to state or federal courts located in the County of Maricopa, State of Arizona, for resolution. In such event, the parties to this Agreement each consent to the in person jurisdiction and venue of such courts. The parties agree that service of process upon them in any such action may be made if delivered in person, by courier service, by telegram, by telefacsimile or by first class mail, and shall be deemed effectively given upon receipt.
Section 11: This Agreement sets forth the entire agreement between you and MESI pertaining to the licensing of the Software, and supercedes in its entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. In the event of any conflict between any provision of this Agreement and any applicable law, the provision or provisions of this Agreement affected shall be modified to remove such conflict and permit compliance with such law and as so modified this Agreement shall continue in full force and effect. This Agreement may not be assigned without the written consent of MESI.