Information in this document is subject to change without notice. This document is provided for informational purposes only and MGTEK makes no warranties, either express or implied, in this document. The entire risk of the use or the results of the use of this document remains with the user.
Without limiting the rights under copyright, no part of this document may be reproduced, stored in or introduced into a retrieval system, or transmitted in any form or by any means, or for any purpose, without the express written permission of MGTEK.
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IMPORTANT - READ CAREFULLY:
This End-User License Agreement (“EULA”) is a legal agreement between you and MGTEK 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 agreement. If you do not agree to the terms of this agreement, do not install, copy or use the Software.
1. GRANT OF LICENSE
MGTEK grants you the following rights provided you comply with all terms and conditions of this EULA:
(a) You may install and use the Software on a single computer. (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, virtual machine, or other device.
1.2 Reservation of Rights
MGTEK reserves all rights not expressly granted to you in this EULA.
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.
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
You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that it is expressly permitted by applicable law.
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.