Listy End User License Agreement (EULA)

SOFTWARE MOSAIC LICENSE AGREEMENT AND WARRANTY DISCLAIMER

License for "Listy", a Software Mosaic software product and all associated files, including installer archive and all related documentation ("Software Product")

IMPORTANT -- READ CAREFULLY: By using the Software Product; or if applicable, by clicking the "I accept the agreement" button in the installer archive or Software Product, you agree to be and are hereby bound by the terms of this License Agreement ("Agreement"). If you do not accept the terms of this License Agreement: (if applicable) you must not press the "I Agree" button in the installer archive or Software Product; you must not use the Software Product; and you must immediately destroy all copies of the Software Product, including the installer archive and any copies of it.

  1. GRANT OF LICENSE:
    1. Software Mosaic hereby grant you a non-exclusive non-transferable license to use the Software Product subject to the terms set out in this Agreement:
    2. You may not resell, rent, lease or otherwise transfer rights to the Software Product for any financial gain or remove any proprietary notices or labels on the Software Product.
  2. TITLE
    1. Title, ownership, rights, and intellectual property rights in and to the Software Product and all related documentation shall remain with Software Mosaic. The Software Product is protected by the copyright laws of the United States of America and international copyright treaties. For the purposes of this license "intellectual property rights" means any and all patents, copyright, registered or unregistered design rights, trade marks, trade names, know-how, database rights or other intellectual property rights.
  3. DISCLAIMER OF WARRANTY
    1. THE TOTAL LIABILITY WHICH SOFTWARE MOSAIC OWES TO YOU IN RESPECT OF BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE SHALL, OTHER THAN IN CIRCUMSTANCES IN WHICH SUCH ACTS RESULT IN DEATH OR PERSONAL INJURY IN WHICH CASE LIABILITY SHALL BE UNLIMITED, BE LIMITED TO THE SUM PAID FOR THE SOFTWARE PRODUCT IN RESPECT OF ANY ONE CLAIM OR AGGREGATE OF CLAIMS ARISING IN ANY TWELVE MONTH PERIOD;
    2. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTWARE MOSAIC FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS;
    3. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOFTWARE MOSAIC BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF SOFTWARE MOSAIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
  4. TERMINATION
    1. This license shall terminate automatically if you fail to comply with the limitations described in this Agreement. No notice shall be required from Software Mosaic to effectuate such termination. On termination you must destroy all copies of the Software Product including the installer archive and any copies of it therewith. However, such termination does not prejudice the right of Software Mosaic to obtain injunctive, equitable or any other relief in the event of such a breach.
  5. GOVERNING LAW
    1. This License shall be governed by the laws of the United States of America and in the event of any dispute the parties agree to submit to the non-exclusive jurisdiction of the the State of California courts.
  6. ENTIRE AGREEMENT
    1. This License constitutes the entire agreement between Software Mosaic and you with respect to the subject matter hereof and with the exception of any fraudulent or negligent misrepresentations supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. The only exception to this is any explicit terms you may have agreed to before downloading the package from our web site, or any other supplementary terms made clear by us prior to your agreeing to this agreement. Any such terms will form part of this agreement. This License may not be modified except in a writing duly signed by an authorized representative of Software Mosaic and you.