Introduction

This Number Eight Innovation Limited End-User License Agreement (“EULA”) is a legal agreement between you (either a individual person or a single legal entity (“You”)) and Number Eight Innovation Limited for the software product MegunoLink Pro (“the Software”). This agreement includes the software program, any associated media, printed documentation and electronic documentation. This agreement includes updates to the product, add-on components and web-services that Number Eight Innovation Limited may provide or make available to You after Your initial purchase of the Software to the extent such items are not accompanied by a separate license agreement.

By installing the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software. The Software is protected by intellectual property laws and treaties. The Software is licensed for use, not sold.

1.0 Grant of License

1.1 General License to Install and use the Software for Single Users

If you have purchased a personal license of MegunoLink Pro you may install and You, or any member of Your immediate family, use a copy of the Software on up to ten computers in a non-commercial environment. You remain solely responsible for compliance with this license agreement.

If you have purchased a commercial license of MegunoLink Pro you may install and use a copy of the Software on up to five computers provided you are the sole user of the software on each machine. In any case where the Software is used by multiple users, you must purchase a separate license for each machine.

1.2 Alternate License to Install and use the Software for Network Storage with a Commercial License

As an alternative to the rights granted in section 1.1 or section 1.3, You may install a single copy of the Software on a shared storage device, such as a network server, and allow individuals within Your Business or Company to access and use the Software over a private network from computers connected to the shared storage device by this private network provided that You obtain a license for each user who will access and use the Software whether usage is concurrent or non-concurrent.

1.3 Alternate License to install and user the Software for Concurrent Users

As an alternative to the rights granted in section 1.1 or section 1.2, You may install a single copy of the Software on a shared storage device, such as a network server, and allow individuals within Your Business or Company to access and use the Software over a private network from computers connected to the shared storage device by this private network provided that You obtain a license for each user who will access and use the Software concurrently AND you implement a system to manage concurrent use of the Software to ensure that the number of concurrent users never exceeds the number of licenses you have purchased.

1.4 Other Rights

All rights not expressly granted within this License Agreement are reserved by Number Eight Innovation Limited.

2.0 Other Rights

2.1 Limitations on Reverse Engineering, Disassembly, Decompiling

You may not reverse engineer, disassemble or decompile the Software, nor permit the same unless this is specifically permitted by this agreement.

2.2 License Management

The Software may contain technology to prevent unauthorized use of the Software. You may not circumvent or attempt to circumvent any such technology.

2.3 Separation of Component Parts

The Software is licensed as a single product. Its component parts may not be separated for use on different computers unless specifically permitted by this agreement.

2.4 Term

If the Software was provided to You as a Trial Version, an Evaluation Version, a Demo Version or other Version designed to allow You to evaluate the software before purchase, this License commences on the date You install the Software and is effective for the duration of the trial period from the date of installation. The Software may contain technology to disable certain functionality at the end of this Trial period and You may not take any action intended to circumvent such technology. At the end of the Trial period You may purchase a License to enable the disabled functions OR continue to use the Software functions which have not been disabled OR remove the Software from Your computer.

2.4 Backup Copy

You may make up to three (3) Backup Copies of the Software on any Media suitable for such purpose.

3.0 Intellectual Property Rights

3.1 All title and intellectual property rights in and to the Software (including, but not limited to, any images, text and software components) are owned by Number Eight Innovation Limited or its suppliers.

3.2 This Software may allow you to use materials (including, but not limited to, images of graphical data) that may be protected by copyright or that is the intellectual property of content owners or licensees. This agreement EULA grants you no rights to use such content. You agree to take full responsibility for obtaining the right to use the Intellectual property of content owners and Indemnify Number Eight Innovation against Your misuse of Intellectual property that is not owned by You.

4.0 Warranty

4.1 Limited Warranty

Number Eight Innovation Limited warrants that the Software will perform substantially in accordance with the accompanying documentation for a period of 90 days from the date of purchase. There is no warranty for any defects discovered outside the 90 day period. Your exclusive remedy for any defects discovered within the 90 day period is either (a) a full refund of the purchase price (if any) You paid for the Software or (b) repair of the defect discovered at the exclusive option of Number Eight Innovation Limited. You are not entitled to any damages (including, but not limited to, consequential damages) if the Software does not meet the Limited Warranty.

4.2 Disclaimer of all other Warranties

You agree that the Limited Warranty described in 4.1 is the only express warranty made to You and is provided in lieu of all other warranties (expressed or implied). Except for the Limited Warranty described in 4.1, and to the maximum extent permissible by law, Number Eight Innovation Limited provides the Software with all faults and deficiencies and disclaim all other Warranties and conditions (expressed or implied) including, but not limited to, fitness for a particular purpose, accuracy, merchantability, completeness, lack of viruses and lack of negligence.

If you have any questions about Your rights under this license or how you may use the Software please contact Number Eight Innovation Limited.

5.0 NLog Notice

The Software incorporates NLog. This notice pertains to the NLog software only.

Copyright (c) 2004-2011 Jaroslaw Kowalski. All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  • Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  • Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  • Neither the name of Jaroslaw Kowalski nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS  INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

6.0 DockPanel Suite Notice

The Software incorporates DockPanel Suite. This notice pertains to the DockPanel Suite software only.

The MIT License

Copyright (c) 2007-2012 Weifen Luo and other contributors

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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