Mouken, L.C. Software License Agreement

The software and accompanying documentation are licensed, not sold, to you by Mouken, L.C. ("MLC"). MLC reserves any rights not expressly granted to you.

  1. License: Subject to the terms of the license, MLC grants you the following licenses:

    1. Software: MLC grants you a nonexclusive, nontransferrable license to use one copy of the software on a single computer per user license purchased. For "Hybrid" software purchases, the number of user licenses purchased is twice the number indicated on the order form.

    2. Documentation: MLC grants you a nonexclusive, nontransferrable license to use one copy of the documentation on a single computer per user license purchased. You may also make one printout of the documentation per user licensed purchased.

    3. Use: To "use" the software means that the software is either loaded in the temporary memory (i.e. RAM) of a computer of installed on the permanent memory of a computer (i.e. hard disk, etc.). You may make one copy of the software per user license solely for backup purposes.

    4. Transfer: You may transfer the software and your rights under this license to another party, provided you also transfer the software, the accompanying documentation, and all copies thereof, and retain no copies, and the transferee agrees to be bound by the terms of this agreement. If you purchased a multi-user license, the entire license must be transferred together: you may not transfer part of the license and retain part of it.

  2. Restrictions: The software contains trade secrets. To protect them, you may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the internal operations of the software. You may not modify, adapt, translate, rent, lease, loan, resell for profit, or create derivative works based on the software. You may not alter or modify in any way the archive for the software, or create a new archive for the software.

  3. Termination: This license if effective until terminated. The license is terminated immediately and without notice if you fail to comply with any of the provisions of this license. Upon such termination, you must destroy the software, all accompanying written materials, and all copies thereof. Termination of this license shall be in addtion to and not in lieu of any other remedies available to MLC. You may terminate the license by destroying the software, all accompanying materials, and all copies thereof.

  4. Limited Warranty and Disclaimer: MLC warrants that for a period of ninety days from your date of purchase that:

    1. if you purchased media containg the software, the media on which the software is recorded will be free from defects in materials and workmaship under normal use.

    2. the software as provided by MLC will substantially conform to MLC's published specifications for the software.

    All implied warranties and conditions (including warranty of mechantability of fitness for a particular purpose) are disclaimed as to the software and accompanying written materials. Your exclusive remedy for breach of warranty will be replacement of the media or refund of the purchase price. Some jurisdictions do not allow the limitation or exclusion of implied warranties, so the above limitation or exclusion may not apply to you.

  5. Limitation of Remedies and Damages: In no event will MLC of any of its directors, officers, employees, affiliates or owners be liable to you for any consequential, incidental, or indirect damages (including but not limited to any lost data, revenues, profits, or savings), whether forseeable or unforseeable, aring out of the distribution of, use of or inability to use the software or accompanying materials, regardless of the basis of the claim and even if MLC or an authorized MLC representative has been advised of the possibility of such damages.

    The above limitations will not apply in the case of personal injury only where and to the extent that applicable law requires such liability. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you.

  6. Technical Support: MLC agrees to provide technical support via using forms which may be found at http://fm.mouken.com/comm/tech_support.html. Currently, technical support is being provided for free, but MLC reserves the right to begin charging for technical support, provided that we first notify the licensee.

  7. General: This agreement will be construed under the laws of the State of Utah, except for that body of law dealing with conflicts of law. If any provision of this agreement is deemed invalid by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permitted, and the remaining provisions will remain in full force.

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