FutureWare Media Asset Tracker 220.127.116.11
EULA - End User License Agreement
FutureWare Software Use License Agreement For The
FutureWare Media Asset Tracker (MATSO) Software Application
FutureWare , herein referred to as FUTUREWARE, grants to you, an end user
herein referred to as USER, a personal and non-exclusive license to use the
Media Asset Tracker (MATSO) software product, herein referred to as SOFTWARE,
subject to the terms and conditions of this Use License Agreement, herein
referred to as AGREEMENT.
2. GRANT OF LICENSE
FUTUREWARE shall initiate and cause an exercise of the grant of license to
the USER upon FUTUREWARE receiving full compensation and consideration for
the SOFTWARE at the level and amount in effect at the time the USER obtains
a copy of the SOFTWARE. Such initiation shall be by means of notification
to the USER by FUTUREWARE by electronic mail or written instrument.
3. INSTALLATION AND USE
The SOFTWARE is licensed to USER as a Single User License, whereby the USER
may install and use a single copy of the SOFTWARE on a single computer that
can accommodate such SOFTWARE. The USER may only access and use the SOFTWARE
from the single computer on which it is installed.
4. ACCESS TO CONTINUING DEVELOPMENT AND IMPROVEMENTS
Any additional development or improvement to the SOFTWARE as done by
FUTUREWARE at any time, at FUTUREWARE's sole discretion, may be made
available to the USER for purposes or considerations also at FUTUREWARE's
sole discretion. The occurrence of such developments and improvements are
not included in this grant of license to the USER.
5. COPYRIGHT AND COPIES
The SOFTWARE, including any copy thereof, is owned by FUTUREWARE and is
protected by United States trademark, copyright and patent laws and
international treaties. The SOFTWARE is licensed, not sold, to the USER, and
the USER is not an owner of any copy thereof. The USER may either (a) make one
copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer
the SOFTWARE to a single hard disk provided that the USER keep the original
solely for backup or archival purposes. The USER may not otherwise copy the
SOFTWARE except as expressly authorized by applicable law, nor make any copies
either direct or indirect of any written materials accompanying the SOFTWARE.
6. RESERVED RIGHTS
FUTUREWARE reserves all rights not explicitly granted in this AGREEMENT.
7. OTHER RESTRICTIONS
The USER may not rent or lease the SOFTWARE, but may transfer the SOFTWARE
and accompanying written materials on a permanent basis provided that the
USER does not retain any copy or copies of the SOFTWARE and that the recipient
agrees to the terms of this AGREEMENT. The USER may not reverse engineer,
decompile or disassemble the SOFTWARE, except to the extent expressly
authorized by applicable law.
8. LIMITED WARRANTY AND REMEDY
FUTUREWARE warrants the physical media, if any, which contains the SOFTWARE,
and any physical documentation accompanying the SOFTWARE to be free of defects
in materials and workmanship for a period of ninety (90) days from the
original purchase date of the SOFTWARE. If FUTUREWARE receives notification
within this warranty period of any such defects and such notification is
determined to be correct, FUTUREWARE will, at its sole option and discretion,
repair or replace the media or documentation, or provide the USER with a full
refund for the original purchase price. The foregoing is the USER's sole and
exclusive remedy and states FUTUREWARE's and its suppliers' entire liability
arising out of this limited warranty. This limited warranty is void if the
damage or defect has resulted from accident, abuse or misapplication.
9. LIMITED LIABILITY
The SOFTWARE, including instructions for its use and all printed and online
documentation, is provided "AS IS" without warranty of any kind. FUTUREWARE
further disclaims all implied warranties including, without limitation, any
implied warranties of merchantability or of fitness for a particular purpose.
The entire risk arising out of the use or performance of the SOFTWARE and
documentation remains with the USER.
In no event shall FUTUREWARE, its authors, or anyone else involved in the
creation, production, distribution or delivery of the SOFTWARE be liable for
any damages whatsoever, including, without limitation, damages for loss of
business profits, business interruption, loss of business information, or
other pecuniary loss, arising out of the use of or inability to use the
SOFTWARE or documentation.
This license remains in effect until it is terminated. The USER may terminate
the license at any time by destroying the SOFTWARE and all accompanying
documentation. The license will be terminated automatically upon the USER's
failure to comply with any term or condition of this AGREEMENT.
11. ACCEPTANCE BY USER OF THIS AGREEMENT
The USER signifies acceptance of this AGREEMENT by an explicit choice
presented to, and selected by, the USER during the SOFTWARE's installation
procedure. Should the USER not thereby accept this AGREEMENT then the
SOFTWARE will not be installed, and the USER has no claims, direct or
indirect, on FUTUREWARE, its authors, or anyone else involved in the
creation, production, distribution or delivery of the SOFTWARE.
12. GOVERNING LAW
This AGREEMENT adheres to, and is to be construed by, the Uniform Commercial
Code. For purposes of convenience, this AGREEMENT is governed by the laws of
the State of Nevada, USA, without reference to conflict of laws principles.
Any dispute that arise from this AGREEMENT shall be resolved exclusively in
the State of Nevada.
This is the entire AGREEMENT between the USER and FUTUREWARE, and supersedes
any prior agreement, whether written or oral, direct or implied, relating
to the subject matter of this AGREEMENT.