MiniNotes 2007 3.0

EULA - End User License Agreement

END-USER LICENSE AGREEMENT FOR PINDERSOFT SOFTWARE

IMPORTANT—READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and PinderSoft for the PinderSoft software product accompanying this EULA, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“Product”). By installing, copying, or otherwise using the Product, 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, copy, or use the Product.

The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Product is licensed, not sold.

1. Grant of License.
a. MININOTES 2007 is Freeware.
2. Restrictions.
a. You may not remove any proprietary notices or labels on MININOTES 2007 . All rights not expressly set forth hereunder are reserved by PinderSoft.
3. Warranty and Disclaimer.
a. To the maximum extent permitted by applicable law, and except for the limited warranty set forth herein, MININOTES 2007 IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME RESPONSIBILITY FOR SELECTING MININOTES 2007 TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM MININOTES 2007 . WITHOUT LIMITING THE FOREGOING PROVISIONS.
b. PINDERSOFT MAKES NO WARRANTY THAT MININOTES 2007 WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT MININOTES 2007 WILL MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
c. PINDERSOFT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO MININOTES 2007 AND THE ACCOMPANYING DOCUMENTATION. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
4. Limitation of Liability.
a. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL PINDERSOFT OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES.
b. IN NO EVENT WILL PINDERSOFT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE PINDERSOFT CHARGES FOR A LICENSE TO MININOTES 2007 , EVEN IF PINDERSOFT SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
c. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
5. Export Controls.
a. Neither MININOTES 2007 nor the Documentation and underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department''s list of Specially Designated Nations or the United States Commerce Department''s Table of Denial Orders.
b. By downloading or using MININOTES 2007 you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list.
6. High Risk Activities.
a. MININOTES 2007 is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of MININOTES 2007 could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). PinderSoft expressly disclaims any express or implied warranty of fitness for High Risk Activities.
7. Miscellaneous.
a. This Agreement is governed by the laws of the USA and the European Union, without reference to conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement sets forth all rights for the user of MININOTES 2007 and is the entire agreement between the parties. This agreement supersedes any other communications with respect to MININOTES 2007 and Documentation. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of PinderSoft. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by PinderSoft or a duly authorized representative of PinderSoft. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The parties confirm that it is their wish that this Agreement has been written in the English language only.
8. Redistribution.
a. Anyone distributing MININOTES 2007 must first contact PINDERSOFT at the address below for authorization. This authorization will be automatically granted to distributors recognized as adhering to guidelines for software distributors, and such distributors may begin offering MININOTES 2007 immediately (However, PINDERSOFT must still be advised so that the distributor can be kept up-to-date with the latest version of MININOTES 2007 .).
b. Redistributors may place MININOTES 2007 on their website, a CD, or any other media they wish to distribute it on as long as they do not alter or change any part of the program or documentation.
c. You may pass a copy of MININOTES 2007 along to your friends and co-workers.
9. MININOTES 2007 is provided at no charge to the user
10. PINDERSOFT CUSTOMER CONTACT. http://www.pindersoft.com. Email: admin@pindersoft.com