END-USER LICENSE AGREEMENT

Del Ad - Evaluation License
Del Ad - Personal License
Del Ad - Enterprise License

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you and MGTEK (http://www.mgtek.com/info/) for the MGTEK software identified above, which includes computer software and may include associated media, printed materials, and electronic documentation ("SOFTWARE"). An amendment or addendum to this EULA may accompany the SOFTWARE. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy or use the SOFTWARE.

1. GRANT OF LICENSE

1.1 SOFTWARE - Evaluation License

If you have been provided by MGTEK with a License Key for the purpose of evaluating the SOFTWARE, MGTEK grants you a limited, non-exclusive, non-transferable, worldwide license with the following rights:

(a) You may install and use copies of the SOFTWARE on a reasonable number of client or server computers solely for the purpose of determining whether the SOFTWARE meets your requirements. You may evaluate the SOFTWARE for a Trial Period of up to 30 days. Your Trial Period may be extended at the discretion of MGTEK. When the Trial Period is complete, you must either discontinue your use of the SOFTWARE or acquire a full license for the SOFTWARE.

1.2 SOFTWARE - Personal License

If you have purchased a Single-Computer License Key or a Family License Key from MGTEK or one of its authorized distributors, MGTEK grants you a limited, non-exclusive, non-transferable, worldwide license with the following rights:

(a) If you obtained a Single-Computer License Key, you may install and use one copy of the SOFTWARE on a single computer. If you obtained a Family License Key, you may install and use copies of the SOFTWARE on up to five computers within your private household. (b) You may make one copy of the SOFTWARE solely for backup or archival purposes. (c) The SOFTWARE may not be installed, accessed, displayed, run, shared or used concurrently on or from different computers, including a workstation, terminal or other device.

1.3 SOFTWARE - Enterprise License

If you have purchased a Volume License Key or Site License Key from MGTEK or one of its authorized distributors, MGTEK grants you a limited, non-exclusive, non-transferable, worldwide license with the following rights:

Volume License: (a) If you obtained a Volume License Key, you may install and use the SOFTWARE on any number of client or server computers owned or controlled by you, provided that the total number of users (not the concurrent number of users) able to use the SOFTWARE on such computers does not exceed the number of licensed users as specified by the license purchased. (b) You may make a reasonable number of copies of the SOFTWARE solely for backup or archival purposes.

Site License: (a) If you obtained a Site License Key, you may install and use the SOFTWARE on any number of client or server computers owned or controlled by you. The users able to use the SOFTWARE on such computers must be employees of your organization, company, or subsidiaries. Temporary employees, contractors, and consultants who work onsite at your facilities may also use the software to perform business-related practices. (b) You may make a reasonable number of copies of the SOFTWARE solely for backup or archival purposes.

1.4 Reservation of Rights

MGTEK reserves all rights not expressly granted to you in this EULA.

2. COPYRIGHT

The SOFTWARE is owned by MGTEK and is protected by copyright laws, international treaty provisions, and all other applicable law. The SOFTWARE is licensed, not sold.

3. TERMINATION

Without prejudice to any other rights, MGTEK may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the SOFTWARE and all of its component parts.

4. OTHER RESTRICTIONS

(a) You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that it is expressly permitted by applicable law. (b) You may not transfer, rent, sublicense, assign, lease, loan, resell, or distribute the SOFTWARE except as otherwise expressly provided in this EULA. (c) The SOFTWARE must be installed using the License Key that you obtained from MGTEK or one of its authorized distributors. You shall be responsible for maintaining the License Key in a safe location and are prohibited from distributing the License Key to any third party not authorized by this License Agreement.

5. DISCLAIMER OF WARRANTIES

The SOFTWARE, and any support services relating to the SOFTWARE ("Support Services") are provided "AS IS"; To the maximum extent permitted by applicable law, MGTEK and its suppliers hereby disclaim with respect to the SOFTWARE and Support Services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any warranties, merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND ANY SUPPORT SERVICES REMAINS WITH YOU.

6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MGTEK OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IF MGTEK OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. LIMITATION OF LIABILITY AND REMEDIES

Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of MGTEK and any of its suppliers under any provision of this EULA shall be limited to the amount actually paid by you for the SOFTWARE.