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MPOWER INNOVATIONS

MPOWER INNOVATIONS

SOFTWARE LICENSE AGREEMENT

 

IMPORTANT, PLEASE READ THIS FIRST. THIS IS A LICENSE AGREEMENT.

MPOWER TECHNOLOGIES IS WILLING TO LICENSE THE ACCOMPANYING MPI – MPOWER INTEGRATOR (“SOFTWARE”) TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT AND ANY SUPPLEMENTARY OR UNIQUE LICENSE TERMS INCLUDED HEREWITH (“AGREEMENT”).

READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE SIGNING AT THE BOTTOM OF THE PAGE.

YOUR USE OF THE SOFTWARE ALSO INDICATES YOUR ASSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

COPYING OR USE OF THIS SOFTWARE OR ITS DOCUMENTATION EXCEPT AS PERMITTED BY THIS AGREEMENT IS UNAUTHORIZED AND IS COPYRIGHT INFRINGEMENT UNDER THE LAWS OF YOUR COUNTRY. IF YOU COPY OR USE THIS SOFTWARE OR ITS DOCUMENTATION WITHOUT PERMISSION OF MPOWER INNOVATIONS., YOU ARE VIOLATING THE LAW. YOU MAY BE LIABLE TO MPOWER INNOVATIONS. FOR DAMAGES, AND YOU MAY BE SUBJECT TO CRIMINAL PENALTIES.

NOTE: IF THIS COPY OF THE SOFTWARE IS DESIGNATED AS A DEMONSTRATION OR EVALUATION COPY, THE FOLLOWING TWO PARAGRAPHS ALSO APPLY TO YOU:

THIS SOFTWARE IS MADE AVAILABLE FOR A 30-DAY EVALUATION PERIOD ONLY, UNLESS OTHERWISE SPECIFIED BY MPOWER INNOVATIONS. IN WRITING. TO EXTEND YOUR USE OF THE SOFTWARE, YOU MUST CONTACT MPOWER INNOVATIONS. OR A MPOWER INNOVATIONS. AUTHORIZED RESELLER TO REMIT THE PURCHASE PRICE ENTITLING YOU TO THE COMMERCIAL LICENSE RIGHTS GRANTED BELOW.

DURING THE EVALUATION PERIOD, YOU MAY USE ONE COPY OF THE SOFTWARE ONLY TO EVALUATE IT. USE DURING THE EVALUATION PERIOD FOR ANY OTHER PURPOSE, INCLUDING COMPETITIVE ANALYSIS OR COMMERCIAL USE, IS STRICTLY PROHIBITED. UPON YOUR PURCHASE OF A LICENSE FOR THIS SOFTWARE, USE OF THE SOFTWARE SHALL NO LONGER BE SUBJECT TO THE FOREGOING RESTRICTION.

NOTE: IF THIS COPY OF THE SOFTWARE IS DESIGNATED AS A FIXED-TERM LICENSE, A LIMITED DURATION LICENSE OR A RENTAL LICENSE, THE FOLLOWING PARAGRAPH ALSO APPLIES TO YOU:

THIS SOFTWARE IS MADE AVAILABLE FOR THE FIXED-TERM FOR WHICH


 

YOU HAVE PAID AND WILL CEASE TO OPERATE ON THE EXPIRATION OF THAT FIXED-TERM. USE OF THIS SOFTWARE AFTER THE EXPIRATION OF THE FIXED-TERM, OR ANY ATTEMPT TO DEFEAT THE DISABLING FUNCTION, WILL BE IN VIOLATION OF THIS AGREEMENT AND MAY CONSTITUTE COPYRIGHT INFRINGEMENT.

1. Grant of License.

MPOWER INNOVATIONS (“mPower”) grants you a nonexclusive, nontransferable license to use this program (the “Software”) and its manual, if any, and other accompanying material (“Documentation”) with equipment owned by you or under your control, according to the terms and conditions of this Agreement. This Agreement permits a single user to install and use the Software on only one computer at one location at any one time.

Intranet Version: If this Software is a Intranet Version, you may use the Software only over a protected network environment, for your own internal business needs on a single server computer in a single location which may be accessed by other computers with the maximum number of concurrent users specified below. You must purchase an additional license for each additional concurrent user. Use of software or any device that reduces the number of computers/devices which access the Software when used in a server configuration does not reduce the number of licenses required.

Internet Version: If this Software is a Internet Version, you may use the Software to server your own internal business needs on a single server computer in a single location which may be accessed by other computers over the internet. If you are a service provider, serving the needs of multiple entities, you must purchase an additional license for each additional business or government entity. Use of software or any device that reduces the number of computers/devices which access the Software when used in a server configuration does not reduce the number of licenses required.

Evaluation Version: If this Software is identified as a demonstration, evaluation, or NFR version, you may use it only for the purpose of commercial evaluation and demonstration. You may not use it for competitive analysis, or commercial, professional, or for-profit purposes.

Backup Copy: Regardless of which version of the Software you have acquired, you may make one archival (backup) copy of the Software. Such archival copy may not be installed on another computer, unless such computer is a partitioned drive of a server to which only the authorized user has access. In any event, the archival copy may not be used or installed as long as another copy of the Software is installed on any computer. If the Documentation is in printed form, it may not be copied. If the Documentation is in electronic form, it may not be duplicated electronically; however, you may print out one (1) copy, which may not be copied.

Additional Installation: You may make a second copy of the Software on the hard disk of a second computer owned by you or under your control provided that (1) the original and second copies are used only by the same person; (2) the second copy is installed and used only on a redundant server that makes the Software available for use only when your primary server on which the Software is installed becomes inoperable


 

Upgrades: If this Software is labeled as an upgrade (“New Version”) to software previously licensed to you (“Previous Version”), you must destroy all copies of the Previous Version, including any copies resident on your hard disk drive, and upon request by MPower return any Documentation to MPower or your MPower Authorized Reseller within sixty (60) days of acquiring the New Version. MPower reserves the right to require you to show satisfactory proof that the Previous Version has been destroyed. In the event MPower or an authorized third-party in connection with the Software licensed to you hereunder provides you additional software that supplements or extends the Software, that additional software shall be subject to the terms and conditions of this Agreement unless otherwise specified at the time of delivery.

Notwithstanding the foregoing, you may retain and need not destroy the Previous Version and may use the Previous Version solely if necessary for the purposes of (1) installing the New Version hereby licensed and (2) for archival (backup) purposes in order to reinstall the New Version hereby licensed if the initial installation fails. Under no circumstances may you operate the Previous Version.

Authorization Code: If this Software requires an authorization code, you must register your purchase of this Software with MPower before an authorization code shall be issued to you, and MPower shall maintain your registration details in conformance with its privacy policy.

License Term: Subject to the terms and conditions of this Agreement, the license to use the Software is perpetual, unless the Software is designated as a fixed-term license, a limited duration license or a rental license, and in such case the term of the license shall be the term for which you have paid.

3. COPYRIGHT.

Title and copyrights to the Software, Documentation and accompanying materials, if any, and any copies made by you remain with MPower and its licensors. The structure, organization, and code of the Software are valuable trade secrets of MPower and its licensors. Unauthorized copying of the Software or Documentation, or failure to comply with the above restrictions, will result in automatic termination of this Agreement. This Agreement does not grant you any intellectual property rights.

4. GENERAL LIMITED WARRANTY.

MPower warrants that the Software will provide the facilities and functions generally described in the Documentation and that the media on which the Software is furnished, if any, the Documentation accompanying the Software will be free from defects in materials and workmanship under normal use. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, MPOWER MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU, AND MPOWER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MPOWER DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. The above exclusions may not apply to you as some jurisdictions do not allow the exclusion of implied warranties. In addition to the above warranty rights, you may also have other rights, which vary from jurisdiction to jurisdiction.

MPower's entire liability and your exclusive remedy under the warranties made in this Agreement will be, at MPower's option, to attempt to correct or work around errors, to replace the defective media, if any; Documentation; or to refund the purchase price and terminate this Agreement. This remedy is subject to the return of the defective media, or Documentation with a copy of your receipt to your local MPower office or the Authorized MPower Reseller from whom it was obtained within ninety days from the date of its delivery to you.


 

5. DISCLAIMER.

COMPUTER SOFTWARE AND OTHER TECHNICAL SOFTWARE ARE TOOLS INTENDED TO BE USED BY TRAINED PROFESSIONALS ONLY. THEY ARE NOT SUBSTITUTES FOR YOUR PROFESSIONAL JUDGMENT. COMPUTER-AIDED DESIGN SOFTWARE AND OTHER TECHNICAL SOFTWARE ARE INTENDED TO ASSIST WITH PRODUCT DESIGN AND ARE NOT SUBSTITUTES FOR INDEPENDENT TESTING OF PRODUCT STRESS, SAFETY AND UTILITY. DUE TO THE LARGE VARIETY OF POTENTIAL APPLICATIONS FOR THE SOFTWARE, THE SOFTWARE HAS NOT BEEN TESTED IN ALL SITUATIONS UNDER WHICH IT MAY BE USED. MPOWER SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR THE RESULTS OBTAINED THROUGH THE USE OF THE SOFTWARE. PERSONS USING THE SOFTWARE ARE RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT AND CONTROL OF THE SOFTWARE. THIS RESPONSIBILITY INCLUDES, BUT IS NOT LIMITED TO, THE DETERMINATION OF APPROPRIATE USES FOR THE SOFTWARE AND THE SELECTION OF THE SOFTWARE AND OTHER PROGRAMS TO ACHIEVE INTENDED RESULTS. PERSONS USING THE SOFTWARE ARE ALSO RESPONSIBLE FOR ESTABLISHING THE ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY AND ACCURACY OF ANY PROGRAM OUTPUT, INCLUDING ALL ITEMS DESIGNED BY USING THE SOFTWARE.

6. LIMITATION OF LIABILITY.

IN NO EVENT WILL MPOWER OR ANY OF ITS LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF MPOWER OR ANY MPOWER RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK.

MPOWER SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF THE SOFTWARE OR OF ANY COPY PROTECTION DEVICE/CODE WITH WHICH THE SOFTWARE IS SUPPLIED. SPECIFICALLY, MPOWER SHALL NOT BE OBLIGATED TO REPLACE ANY LOST OR STOLEN SOFTWARE OR COPY PROTECTION DEVICE/CODE. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING THE SOFTWARE AND ANY COPY PROTECTION DEVICE/CODE FROM LOSS OR THEFT AND PROTECTING YOUR INVESTMENT THROUGH INSURANCE OR OTHERWISE.

THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

7. GENERAL.

                        A. This Agreement and the license granted hereby shall terminate without further notice or action by mPower if you, the licensee, become bankrupt, make an arrangement with your creditors or go into liquidation.


 

If any provision of this Agreement is found to be invalid or otherwise unenforceable, the further conditions of this Agreement will remain fully effective and the parties will be bound by obligations which approximate, as closely as possible, the effect of the provision found invalid or unenforceable, without being themselves invalid or unenforceable.