licenseagreement

Software Subscription License Agreement

LABELMASTER ELECTRONIC END USER LICENSE AGREEMENT AND CONTENT DISCLAIMER FOR MASTERFORM SOFTWARE NOTICE TO USER:

THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

MASTERFORM by Labelmaster Software © 1997-2001. All rights reserved. This license applies to the registered version of MASTERFORM Software and use of an evaluation version of MASTERFORM Software.

This Labelmaster End User License Agreement accompanies the Labelmaster Software product and related explanatory materials ("Software"). The term "Software" also shall include any upgrades or updates of the current version of the Software licensed to you by "Labelmaster".

Please read this Agreement carefully. By installing any MASTERFORM product, "Labelmaster" grants to you a nonexclusive license to use the Software, provided that you agree to the following:

1. Use of the Software

You may install the Software on a hard disk or other storage device. Unless this contract has been modified by "Labelmaster", one registered copy of MASTERFORM Software may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used non-simultaneously by multiple people, but not both. If multiple users or installations are required, please contact Labelmaster (800-621-5808) for information regarding volume purchasing or the enterprise / network version.

2. Copyright and Trademark Rights

The Software is licensed by "Labelmaster" and its structure, organization and code are the valuable intellectual property rights of "Labelmaster". The Software and content also is protected by U.S. and Canadian Copyright Laws and International Treaty provisions. You may use trademarks only insofar as required to comply with Section 1 of this Agreement and to identify printed output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software. You agree to hold the Software in confidence and to take all reasonable steps to prevent unauthorized disclosure.

3. Restrictions

You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software or any files that comprise the Software. You agree not to copy and retain or distribute versions of this Software. Except as stated above, this Agreement does not grant you any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, franchises, or licenses in respect of the Software.

4. No Warranty

THE SOFTWARE IS BEING DELIVERED TO YOU AS IS AND "LABELMASTER" MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO ITS USE OR PERFORMANCE. "LABELMASTER" AND ITS VENDORS AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. "LABELMASTER" AND ITS VENDORS AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL "LABELMASTER" OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A "LABELMASTER" REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

THE USER MUST ASSUME THE ENTIRE RISK OF USING THE PROGRAM. TO THE EXTENT PERMISSIBLE BY LAW, ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.

Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitation may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.

5. Governing Law and General Provisions

This agreement will be governed by the laws of the State of Illinois. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

6. Termination of Agreement

This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of "Labelmaster". You may terminate the license at any time by destroying the Software (including the related documentation) together with all copies or modifications in any form. Upon any termination, you must destroy the Software together with all copies or modifications in any form.

7. Export

You acknowledge that the laws and regulations of the United States restrict the export and re-export (as defined in Section 379.1, (b)-(c) of the export Administration Regulations and any amendment thereto) of the Software. You agree that you will not export or re-export the Software or media in any form without the appropriate United States and foreign government approval.

8. Content Disclaimer

For legal purposes, the Federal Register and the Code of Federal Regulations are the final source of regulations and the publications in MASTERFORM software is for reference purposes only. Labelmaster and Labelmaster Software employees cannot provide regulatory or legal advice. Please consult the Federal Register for all legal and regulatory questions.

9. Integration

You acknowledge that you have read this Agreement, understand it, and that by opening the package you agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between Labelmaster and you which supersedes any proposal or prior agreement, oral or written, and any other communications between Labelmaster and you relating to the subject matter of this Agreement. No variation of the terms of this Agreement or any different terms will be enforceable against Labelmaster unless Labelmaster gives its express consent, including an express waiver of the terms of this Agreement, in a writing signed by an officer of Labelmaster.

Should you have any questions concerning this Agreement, please contact us in writing at:

Labelmaster 5724 N. Pulaski Road, Chicago, IL 60646.

 

© 2009 Labelmaster Software, American Labelmark Company. Legal Info. [Comments?]