Do not install or use the software until you have read and accepted all of the license terms. Permission to use the software is conditional upon your agreeing to the license terms. Installation or use of the software by you will be deemed to be acceptance of the license terms. Acceptance will bind you to the license terms in a legally enforceable contract with Mainstream Digital Ltd (hereinafter the “MSD”)
SOFTWARE LICENSE AND LIMITED WARRANTY
GRANT OF LICENSE
MSD, as licensor, grants to you, the licensee, a non-exclusive right to install the accompanying software program(s) (hereinafter the “SOFTWARE”) on a certain number of computer(s) in accordance with the number of the license you purchase and use the SOFTWARE in accordance with the terms contained in this license. You shall not rent, lease, sub-license, modify, alter, reverse engineer, disassemble, decompile, or create any derivative work of the SOFTWARE, or remove any copyright notice or proprietary legend contained in the Software. You shall not reproduce the SOFTWARE unless for backup purpose and limited to one copy only. Except for the Software marked “Not for Resale” or the like, you may transfer the Software on a permanent basis to another person or entity accompanying the Documentation and the license agreement, provided that you retain no copies of the Software and the transferee agrees to the terms of this agreement. Such transfer will cause an automatic termination of your license to use the Software.
OWNERSHIP OF SOFTWARE
MSD retains the copyright, title and ownership of the SOFTWARE and the written materials (“Documentation”) regardless of the form or media in or on which the original and other copies may exist.
UPGRADES
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. Upon your installation and use of this copy of the Software, you agree to voluntarily terminate your earlier EULA and you will not continue to use the earlier version of the Software or transfer it to another person or entity.
This software and accompanying documentation (including instructions for use) are provided “as is” without warranty of any kind. Further, MSD does not warrant, guarantee, or make any representations regarding the use, or the results of use, of the software or documentation in terms of correctness, accuracy, reliability, currentness, or otherwise. The entire risk as to the results and performance of the software is assumed by you. If the software or documentation is defective, you, and not MSD or its dealers, distributors, agents, or employees, assume the entire cost of all necessary service, repair or correction.
MSD disclaims all other warranties, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, regardless of whether it is made by MSD, on this MSD product. MSD does not warrant that the software will be uninterrupted or error-free. No oral or written information or advice given by MSD, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and you may not rely on any such information or advice.
Neither MSD nor anyone else who has been involved in the creation, production or delivery of this product shall be liable for any direct, indirect, consequential or incidental damages (including damages for loss of business profits, business interruption, loss of data, loss of business information, or other pecuniary loss) arising out of the use or inability to use such product even if MSD has been advised of the possibility of such damages.
You agree to bear the full, complete, and sole responsibility for using the Software of any purpose. You also agree to indemnify and hold MSD harmless from any claims, proceedings, damages, costs, and expenses resulting from your use of the SOFTWARE for any illegal purpose.
Upon termination of this Agreement, you should destroy the Software and the Documentation and all the copies thereof and remove and delete the Software from your hard disk or other storage device.
This agreement constitutes the entire agreement between you and MSD. This agreement shall be governed and construed in accordance with the laws of England and shall benefit MSD, its successors and assigns.
Any claim or dispute between you and MSD or against any agent, employee, successor or assign of MSD, whether related to this agreement or otherwise, and any claim or dispute related to this agreement or the relationship or duties contemplated under this agreement, including the validity of this arbitration clause, shall be resolved in London, England, pursuant to the Arbitration Act 1996.
