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LICENSE AGREEMENT
IMPORTANT - This document contains a license agreement for MediaGun. By using the MediaGun application, you accept the terms of this license.
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NOTICE TO USER - BY USING THIS SOFTWARE, YOU SIGNIFY THAT YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THIS SOFTWARE AND PROMPTLY RETURN IT FOR A REFUND.
The enclosed computer program ("software") is licensed, not sold, to you by MediaGun Ltd. for use only under the terms of this License, and MediaGun Ltd. reserves any rights not expressly granted to you. You own the disk(s) - if any - on which the software is recorded, but MediaGun Ltd. and its licensors retain ownership of the software itself. You are responsible for the installation, management, and operation of the software.
SOFTWARE LICENSE AGREEMENT - MediaGun
This license allows you to:
1.) Use one copy of the software on a single computer at a time. To "use" the software means that the software is either loaded into the memory (RAM) of a computer or installed on the permanent memory of the computer (hard-drive, etc.). You may install the software on a common storage device which is accessible by multiple computers only if there is a mechanism to prevent more copies of the software being run at one time than are licensed. You absolutely may not place the software on any electronic forums, BBS, the Internet, the World Wide Web, or any electronic area accessible to the public.
2.) You may make one copy of the software for backup purposes only.
Restrictions
The software contains trade secrets in its human perceivable form and, to protect them, you may not reverse engineer, decompile, disassemble, or otherwise reduce the software to any human perceivable form. You may not:
1.) Copy or reproduce in any format all or any portion of the software (other than one copy for backup purposes only).
2.) Modify, adapt, translate, or create derivative works based upon the software or any part thereof.
3.) Transmit all or any portion of the software over a network, phone, modem, or using any electronic means.
4.) Rent, lease, loan, distribute, or sublicense all or any portion of the software.
You also agree to use your best efforts to prevent and protect the software from unauthorized transfer or use.
Termination
This license is effective until terminated. This license will terminate immediately without notice from MediaGun Ltd. or judicial resolution if you fail to comply with any provision of this license. Upon such termination, you must destroy the software, all accompanying written materials and all copies thereof. The limited warranty, limitation of remedies and damages, and general conditions will survive any termination.
Limited Warranty
MediaGun Ltd. warrants for a period of ninety (90) days from your date of purchase that the disks on which the software is recorded will be free from significant defects in materials and workmanship under normal use, and that the software will perform substantially in conformance with the software's documentation. MediaGun Ltd. 's entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at MediaGun Ltd. 's option, replacement of the disk(s), refund of the purchase price, or repair or replacement of the software.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY MEDIAGUN LTD. , AND MEDIAGUN LTD. AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. Because some jurisdictions do not allow the exclusions or limitation of implied warranties, the above may not apply to you.
Limitation of Remedies and Damages
IN NO EVENT WILL MEDIAGUN LTD. , ITS PARENT OR SUBSIDIARIES OR ANY OF THE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF MEDIAGUN LTD. OR A MEDIAGUN LTD. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. MEDIAGUN LTD. 'S LIABILITY TO YOU FOR DIRECT DAMAGE FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE. This limitation will not apply in case of personal injury only where and to the extent that applicable law requires such liability. Because some jurisdictions do not allow the exclusion or limitation or liability for consequential or indirect damages, the above limitation may not apply to you.
Termination of Business – Limitation of Liability
In the event that MediaGun Ltd ceases operations, is dissolved, or otherwise terminates its business activities, the Licensee acknowledges and agrees that MediaGun Ltd shall have no ongoing obligations to provide support, maintenance, updates, or any other services related to the Software. The Licensee further acknowledges that the license granted herein is perpetual and fully paid at the time of purchase, and as such, no refunds, compensation, or damages shall be due from MediaGun Ltd or its representatives as a result of such termination or dissolution.
To the maximum extent permitted by applicable law, MediaGun Ltd shall not be liable for any losses, damages, or claims arising out of or related to the unavailability, discontinuation, or cessation of the business, services, or operations of MediaGun Ltd.
General
Any disputes arising in connection with the present contract shall be finally settled by a single arbitrator appointed by the HM Courts & Tribunals Service at the following address:
Commercial Court
7 Rolls Building
Fetter Lane
London
EC4A 1NL
United Kingdom
Manufacturer: MediaGun Ltd., 65 the General, Guinea Street Bristol BS1 6SD – UK - Company No. 12787972