PLEASE READ THIS SOFTWARE LICENSE
AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE SOFTWARE. BY USING
THE SOFTWARE, LICENSEE IS AGREEING TO BE BOUND BY THE TERMS OF THIS
LICENSE. IF LICENSEE DO NOT AGREE TO
THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE SOFTWARE TO THE PLACE WHERE
OBTAINED FOR A REFUND.
1. License Grant
Melody Interactive
Solutions grants to Licensee a perpetual (subject only to the provisions of
this License) nonexclusive, nontransferable, worldwide, revocable license to
use and install the Melody Interactive Solutions Software, on one (1) single
hardware server at a time and to allow the maximum amount of individual
end-users for which Licensee has paid the applicable license fee. to use the
Melody Interactive Solutions Software
Except as expressly
permitted by mandatory applicable law and this License, Licensee agrees not to
decompile, reverse engineer, disassemble, or otherwise discover, or to rent,
lease, or loan the Melody Interactive Solutions Software, in whole or part or
transmit the Melody Interactive Solutions Software over a network or from one
computer to another.
Melody Interactive
Solutions and/or Melody Interactive Solutions licensor(s) are the proprietary
owners of the Melody Interactive Solutions Software and reserves all right,
title, and interest in and to the Melody Interactive Solutions Software not
explicitly licensed herein, including without limitation all copyrights,
patents, and other proprietary rights.
Licensee shall not
remove or obscure any copyright notices or proprietary legends contained within
the Melody Interactive Solutions Software.
2. License Fees
The rights granted pursuant to this License are contingent upon Licensee
duly payment of the license fees for the Melody Interactive Solutions Software.
3. Technical Support, Updates and
Upgrades
No technical support is provided under this License. Should Licensee
wish to retain technical support for the Melody Interactive Solutions Software,
Licensee may subscribe for Melody Interactive Solutions Support Agreement in
effect from time to time. Melody Interactive Solutions may provide updates of
the Melody Interactive Solutions Software under this License, however, this
License does not cover upgrades or new versions of the Melody Interactive
Solutions Software.
4. Warranty, Limitation of Liability
The Melody Interactive Solutions Software is provided “AS IS” and
without warranty of any kind and Melody Interactive Solutions expressly
disclaim all warranties and/or conditions, express or implied, including, but
not limited to, the implied warranties and/or conditions of merchantability or
satisfactory quality, fitness for a particular purpose or
non-infringement. Melody Interactive
Solutions does not warrant that the functions contained in the Melody
Interactive Solutions Software will meet Licensee's requirements, or that the
operation of the Melody Interactive Solutions Software will be uninterrupted or
error-free, or that defects in the Melody Interactive Solutions Software will be
corrected. Furthermore, Melody Interactive Solutions does not warrant or make
any representations regarding the use or the results of the use of the Melody
Interactive Solutions Software or in terms of their correctness, accuracy,
reliability, or otherwise. No oral or written information or advice given by
Melody Interactive Solutions shall create a warranty or in any way increase the
scope of this warranty. Should the Melody Interactive Solutions Software prove
defective Licensee assume the entire cost of all necessary support or
correction. The license fees for the Melody Interactive Solutions Software
reflect this allocation of risk. The terms of this disclaimer do not limit or
exclude any liability for death or personal injury caused by Melody Interactive
Solutions misconduct or gross negligence.
5. Limitation of Liability
Under no circumstances, including negligence, shall Melody Interactive
Solutions Interactive Solutions be liable for any incidental, special, indirect
or consequential damages arising out of or relating to this License. In no
event shall Melody Interactive Solutions total liability to Licensee for all
damages exceed the amount of the license fees paid by Licensee under this
License.
6. No Waiver or Assignment
No delay or failure to take action under this License will constitute a
waiver unless expressly waived in writing, signed by a duly authorized
representative of Melody Interactive Solutions, and no single waiver will
constitute a continuing or subsequent waiver. This License may not be assigned
or otherwise transferred without the written consent by Melody Interactive
Solutions.
7. Termination
This License is effective until terminated. Licensee may terminate this
License at any time by destroying all copies of the Melody Interactive
Solutions Software and its documentation. This License will terminate
immediately without notice from Melody Interactive Solutions if Licensee fail
to comply with any provision of this License. Upon termination, Licensee must
destroy all copies of the Melody Interactive Solutions Software and its
documentation.
8. Controlling Law and
Severability
This License shall be governed by the laws of Sweden, excluding its
conflict of law provisions. If for any reason a court of competent jurisdiction
finds any provision, or portion thereof, to be unenforceable, the remainder of
this License shall continue in full force and effect.
9. Complete Agreement
This License constitutes the entire agreement between the parties with
respect to the use of the Melody Interactive Solutions Software and supersedes
all prior or contemporaneous understandings regarding such subject matter. No
amendment to or modification of this License will be binding unless in writing
and signed by Melody Interactive Solutions.
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