License Agreement
IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS SOFTWARE, YOU (LICENSEE, AS DEFINED BELOW) ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD, INSTALL AND USE THE SOFTWARE.
(a) "Computerrific" means Computerrific and Larry Sherman who provide MassPageCreator.
(b) "Licensee" means the individual or business entity who has purchased a Personal or Commercial license.
(c) "MPC" means MassPageCreator and any supporting software (i.e. Wordpress plugin) and all documentation.
(a) MPC is the property of Computerrific. MPC is licensed, not sold. Title and copyrights to MPC, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of MPC regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Computerrific.
(b) MPC is protected by United States Copyright Law and International Treaty provisions. Further, the structure, organization, and code embodied in MPC are the valuable and confidential trade secrets of Computerrific and are protected by intellectual property laws and treaties.
(a) PERSONAL USE licensee may:
(i) install and or use MPC on 5 domains owned by licensee.
(ii) use MPC to publish Wordpress articles on domains owned by licensee.
(b) PERSONAL USE licensee shall not use MPC to create pages or publish Wordpress articles for a third party.
(c) COMMERCIAL USE licensee may:
(i) install and use MPC on unlimited personal and third party domains.
(ii) use MPC to publish Wordpress articles on unlimited personal and third party domains.
MPC is provided to licensee "as is" and without warranties. Computerrific makes no warranty as to its use or performance. To the maximum extent permitted by applicable law, Computerrific disclaims all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to MPC, and the provision of or failure to provide support services.
(a) To the maximum extent permitted by applicable law, in no event will Computerrific or its affiliates, suppliers or resellers be liable to licensee under any theory for any damages suffered by licensee or any user of MPC, or for any special, incidental, indirect, consequential, or similar damages (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever ) arising out of the use or inability to use mpc, or the provision of or failure to provide support services, even if Computerrific has been advised of the possibility of such damages, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.
(b) In any case, Computerrific's entire liability under any provision of this agreement will be limited to the amount actually paid by licensee for MPC under this agreement.
Computerrific agrees and accepts that MPC may be subject to import and export laws of any country, including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). Licensee acknowledges that it is not a citizen, national, or resident of, and is not under control of the governments of Cuba, Iran, North Korea, Sudan or Syria and is not otherwise a restricted end-user as defined by applicable export control laws. Further, Licensee acknowledges that it will not download or otherwise export or re-export MPC or any related technical data directly or indirectly to the above-mentioned countries or to citizens, nationals, or residents of those countries, or to any other restricted end user or for any restricted end-use.
(a) Except as otherwise provided in this Agreement, the license granted herein shall be perpetual.
(b) If Licensee fails to comply with the terms and conditions of this Agreement, this Agreement and Licensee's right and license to use MPC will terminate immediately. Licensee may terminate this Agreement at any time by notifying Computerrific. Upon the termination of this Agreement, Licensee must cease using MPC and delete MPC from its Clients and archives.
(c) Licensee agrees that upon termination of this agreement for any reason, Computerrific may take actions so that MPC no longer operates.
(a) Computerrific reserves the right at any time to cease the support of MPC and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of MPC.
(b) This Agreement constitutes the entire agreement between the parties concerning Licensee's use of MPC, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to MPC. No purchase order, other ordering document or any hand written or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both Licensee and Computerrific.
(c) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement will be enforceable notwithstanding said expiration or termination.