GLOBAL MAJIC SOFTWARE COMPONENT PRODUCTS
Thank you for purchasing this Global Majic Software, Inc. product. It is important that you carefully read the following agreement prior to installing this software. By installing our software (hereinafter "the Software" or "Software"), you are accepting the following License Agreement.
LICENSE AGREEMENT
This is a legal agreement between you (individual or entity) and Global Majic Software, Inc. By installing this software (hereinafter "the Software" or "Software"), you are agreeing to be bound by the terms of this agreement. You may terminate this license at any time by destroying all copies of the software or by returning them to Global Majic Software, but this does not entitle you to a refund. Global Majic Software may terminate this license if you fail to comply with the terms and conditions of this Agreement. Upon such termination, you agree to destroy and/or return all your copies of the software. You agree to be responsible for the payment of any taxes resulting from this Agreement. Any unauthorized rental, lease, assignment or transfer of any copy of the software shall be void. If any provisions of this Agreement are held invalid, the remainder shall continue in full force and effect. The laws of the State of Alabama shall govern this License Agreement.
LICENSE GRANT
This is a license, not a sales agreement, between you, the end user, and Global Majic Software. Global Majic Software grants to you a non-exclusive, non-transferable license to use the copy of the Software enclosed in this installation and the accompanying documentation in accord with the terms set forth in this License Agreement. These terms are only effective upon payment of license fees. The Software contains design-time components that provide various capabilities in Visual Studio and other development environments. This license agreement grants you one (1) license of the Software subject to the Distribution Requirements described in the Distribution section below. The software is licensed on a per seat basis. The number of required per-seat licenses is determined by counting the number of machines using the Software for development purposes.
COPYRIGHT
The Software is owned by Global Majic Software and is protected by United States copyright laws and international treaty provisions. All rights, title, interest, and all copyright to the Software, documentation, and any copy made by you remain the property of Global Majic Software. Unauthorized copying of the software or the documentation, or failure to comply with the above restrictions, will result in immediate and automatic termination of this license and will make legal remedies available to Global Majic Software.
DISTRIBUTION
You have a royalty-free right to distribute Software if: 1. You distribute only the Software component (not the licensing information); 2. You use and distribute the Software only in conjunction with the binary files that make use of them as a part of your software product. 3. Your product must add significant and primary functionality to the Software; 4. You do not wrap or distribute the Software in such a way that it can be used for development purposes on any application, tool, environment or container. 5. You do not reverse engineer copy, duplicate or distribute the license schema that is needed to use the Software in a design, development or runtime environment. 6. You do not disassemble, de-compile or reverse engineer the Software or any portions of it. 7. You do not use the Global Majic Software name or any of its intellectual property (graphics, logos, trademarks, etc.) in any marketing unless given prior WRITTEN permission from Global Majic Software. 8. You agree to indemnify, hold harmless, and defend Global Majic Software and its suppliers from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of your Software product. If any of these conditions are breached, such breach shall constitute an unlawful use of the Software, and you shall be prosecuted to the full extent of the law. Furthermore, you shall be liable to Global Majic Software for all damages caused by such breach and unlawful use of the Software, including attorney's fees and costs incurred in any action, lawsuit or claim brought or filed to redress the breach of this agreement.
LIMITATIONS
Your only form of compensation under this License Agreement shall be repair or replacement as provided in the warranty. Global Majic Softwares maximum liability for any claim by you or anyone claiming through or on behalf of you arising out of your this purchase shall never exceed the actual amount received from you by Global Majic Software for the product. Global Majic Software is not liable for any direct, incidental, collateral, exemplary, consequential or special damages or losses that may result from the use or installation of Global Majic Software products.
WARRANTY
THE SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANT OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU, AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. Global Majic Software does NOT warrant that the function contained in the software will meet your requirements or that the operation of the software will be uninterrupted or error free. However, Global Majic Software warrants the media disk on which the software is furnished to be free from defects in material and workmanship for a period of ninety (90) days from the date of shipment to you. Global Majic Software shall, at its option and cost, either repair or replace the media disk with a new or reconditioned disk or send you the lost data electronically. CONTINUED USE OR POSSESSION OF THE SOFTWARE AFTER EXPIRATION OF THE ABOVE NINETY (90)-DAY WARRANTY PERIOD SHALL BE UNDERSTOOD THAT THE WARRANTY HAS BEEN FULFILLED TO FULL SATISFACTION. This warranty shall not apply to any failure or deficiency that has been caused by misuse, neglect, alteration or modification, improper installation, or unauthorized repair. Global Majic Softwares warranty shall not be expanded, diminished or affected by, and no liability shall arise out of, technical advice or service performed by Global Majic Software in connection with your order. You cannot assign the warranty set forth above.
GENERAL
This Agreement is the entire Agreement between us and supersedes any other communications, advertisements, or understandings with respect to the Software and documentation.
