End User License Agreement for MyThoughts for Mac
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS SOFTWARE INSTALL. BY INSTALLING THIS SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.
GENERAL
The enclosed computer program (The "Software") is licensed, not sold, to you by Mode de Vie Limited ("Mode de Vie") for use only under the terms and conditions of this End User License Agreement (“EULA”), and Mode de Vie reserves any rights not expressly granted to you. You own the compact disk on which the Software is recorded or fixed, but the Software is owned by Mode de Vie Limited and is protected by the copyright laws of the United Kingdom and international copyright treaty provisions.
The copyright restrictions of this EULA extend to any further updates, software patches, or bug fixes made available to you by Mode de Vie, whether distributed on compact disk, or in an electronic format via download, BBS, forum, ftp, e-mail, etc. Purchasing a single license means you may use one copy of MyThoughts for Mac on a single computer at a time. Purchasing a five license “Family Pack” means you may use one license per single computer "within your household" to a maximum of five computers. To "use" the Software means that the Software is either loaded in the temporary memory (i.e., RAM) of a computer, or installed on the permanent memory of a computer (i.e., hard disk, compact disk, etc.).
The Software is protected by the copyright laws of the United Kingdom. You may also make one copy of the Software in machine readable form solely for backup purposes. As an express condition of this EULA, you must reproduce, on the backup copy, the Mode de Vie copyright notice in the following format:"(C) 2007-2009 Mode de Vie Ltd."
The software contains copyrighted material, trade secrets and other proprietary material and we retain all intellectual property rights in the software. In order to protect these rights, you may not decompile, reverse engineer, disassemble or otherwise reduce the software to a human-perceivable form. You may not separately publish, sell, market, distribute, lend, lease, rent, sublicense or create derivative works based upon the software in whole or in part. However, this license is not to be construed as prohibiting or limiting any fair use sanctioned by copyright law, such as permitted library and classroom usage.
Mode de Vie Limited offer a free fully functional trial of MyThoughts for Mac enabling you to decide it’s suitability for your needs prior to purchase. Once a license is purchased it is non-refundable.
LIMITED WARRANTY
We warrant that the software will provide the features and functions generally described in the product specification on our website when you purchased it and in the product documentation.
We have taken all reasonable steps to keep the software free of bugs, viruses, spyware, "back door" entrances or any other harmful code. We will not track or collect any information about you, your data, or your use of the software except as you specifically authorize. The software will not download or install patches, upgrades or any third party software without first obtaining your permission. We will not intentionally deprive you of your ability to use any features of the software or access to your data.
DISCLAIMER OF WARRANTY ON SOFTWARE
You expressly acknowledge and agree that use of the software is at your sole risk. The software and related documentation is provided "AS IS" and without warranty of any kind outside of the "Limited Warranty" stated above.
LIMITATIONS ON LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MODE DE VIE LIMITED BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SOFTWARE OR RELATED DOCUMENTATION. Your exclusive remedy under the above limited warranty shall be, at our option, either a full refund of the purchase price or correction of the defective software. To the fullest extent permitted by applicable law, we disclaim all liability for indirect or consequential damages that arise under this license agreement.
GENERAL PROVISIONS
If any part of this agreement is found to be invalid or unenforceable, the remaining terms will stay in effect. This agreement does not prejudice the statutory rights of any party dealing as a consumer.
GOVERNING LAW
This EULA is governed by English Law and is subject to the jurisdiction of the English courts.
