This License Agreement ("LA") is the legal agreement between you and MW6 Technologies,
Inc. ("MW6") for the software and font ("Software"), and any electronic documentation ("Package").
By using, copying or installing the Package, you agree to be bound by the terms of this LA.
If you don't agree to the terms in this LA, immediately remove unused Package.
1. License Grant
- The Site License allows the use of the Software at exactly 1 physical site within your organization by up to 10,000 users, and all end users are located on the same site.
- The Worldwide License allows the use of the Software at all sites of your organization by unlimited number of users.
- The 1 User License allows 1 user in your organization to use the Software.
- The 5 User License allows 5 users in your organization to use the Software.
- The 1 Developer License allows 1 developer in your organization the
royalty-free distribution of the Software.
- The 5 Developer License allows 5 developers in your organization the
royalty-free distribution of the Software.
- The Unlimited Developer License allows unlimited number of developers in your organization the
royalty-free distribution of Software.
This License Agreement is effective upon downloading the
Software and shall continue until terminated. You may terminate this
License Agreement at any time. MW6 reserves the right to terminate this
License Agreement if you fail to comply with these terms and conditions. In
the event of termination, you must destroy all copies of the Software.
If you breach this License Agreement, MW6 may terminate this License Agreement by notifying you in writing. You may be required to return all software,
software copies and related materials to MW6. MW6 may also exercise its other legal rights.
4. Reverse Engineering
You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. Protection of Data
You shall have the sole responsibility for adequate protection and backup of your data used in connection with the Software, and you shall not have any claim against MW6 for lost data, work delays or lost profits resulting from the use of the Software.
All waivers must be in writing. Any waiver or failure to enforce any provision of
this License Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
7. No Warranty
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL MW6 BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MW6 BE LIABLE FOR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU. MW6'S LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT, EXCEED THE LICENSE FEES, IF ANY, PAID BY YOU TO MW6 FOR THE MW6 PRODUCT LICENSED TO YOU UNDER THIS EULA. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER MW6 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify and hold harmless MW6 from any and all losses, damages, liabilities, claims, costs or expenses, including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Software, your violation of any terms or conditions of this License Agreement, your violation of applicable laws, or your violation of any rights of another person or entity.
The Software and any electronic documentation are the proprietary products of MW6 and are protected by copyright and other intellectual property laws.
11. Governing Law
This License Agreement is made under, shall be governed by
and construed in accordance with the laws of the Province of Alberta,
Canada, excluding its choice of law provisions.