
M3
LEAD GENERATION SYSTEMS
SOFTWARE
LICENSE AGREEMENT
IMPORTANT:
PLEASE READ THE TERMS AND CONDITIONS OF
THIS LICENSE AGREEMENTCAREFULLY BEFORE USING THE SOFTWARE. M3LGS, LLC.AND/OR
ITSSUBSIDIARIES (“M3LGS”) IS WILLING TO LICENSE THE SOFTWARE TO YOU AS
THEINDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING
THESOFTWARE (REFERENCED BELOW AS “YOU” OR “YOUR”) ONLY ON THE CONDITION THATYOU
ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL
ANDENFORCEABLE CONTRACT BETWEEN YOU AND M3LGS. BY OPENING THIS PACKAGE,BREAKING
THE SEAL, CLICKING THE “ACCEPT” OR “YES” BUTTON OR OTHERWISEINDICATING ASSENT
ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TOTHE TERMS AND CONDITIONS
OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESETERMS AND CONDITIONS, CLICK THE
“I DO NOT ACCEPT” OR “NO” BUTTON OROTHERWISE INDICATE REFUSAL, MAKE NO FURTHER
USE OF THE SOFTWARE, ANDCONTACT M3LGS CUSTOMER SERVICE FOR INFORMATION ON HOW
TO OBTAIN AREFUND OF THE MONEY YOU PAID FOR THE SOFTWARE (LESS SHIPPING,
HANDLING, ANDANY APPLICABLE TAXES EXCEPT IN CERTAIN STATES AND COUNTRIES WHERE
SHIPPING,HANDLING, AND TAXES ARE REFUNDABLE) AT ANY TIME DURING THE THIRTY (30)
DAY PERIOD FOLLOWING THE DATE OF PURCHASE.
1.
License:
The
software and documentation that accompanies this license (collectively the
“Software”) is the property of M3LGS, or its licensors, and is protected by
copyright law. While M3LGS continues to own the Software, You will have certain
rights to use the Software after Your acceptance of this license. This license
governs any releases, revisions, or enhancements to the Software that M3LGS may
furnish to You. Except as may be modified by a M3LGS license certificate,
license coupon, or license key (each a “License Module”) that accompanies,
precedes, or follows this license, Your rights and obligations with respect to
the use of this Software are as follows. You may:
A.
use one copy of
the Software on a single computer. If a License Module accompanies, precedes,
or follows this license, You may make the number of copies of the Software
licensed to You by M3LGS as provided in Your License Module. Your License
Module shall constitute proof of Your right to make such copies;
B.
make one copy
of the Software for archival purposes, or copy the Software onto the hard disk
of Your computer and retain the original for archival purposes;
C.
use the
Software on a network, provided that You have a licensed copy of the Software
for each computer that can access the Software over that network;
D.
after written
notice to M3LGS, transfer the Software on a permanent basis to another person
or entity, provided that You retain no copies of the Software and the
transferee agrees to the terms of this license; and
E.
use the
Software in accordance with any additional permitted uses set forth below.
1.
You may not:
A.
copy the
printed documentation that accompanies the Software;
B.
sublicense,
rent, or lease any portion of the Software; reverse engineer, decompile,
disassemble, modify,
2.
translate, make
any attempt to discover the source code of the Software, or create derivative
works from the
3.
Software;
4.
C. use the
Software as part of a facility management, timesharing, service provider, or
service bureau
5.
arrangement;
6.
D. use a
previous version or copy of the Software after You have received and installed
a disk replacement
7.
set or an
upgraded version. Upon upgrading the Software, all copies of the prior version
must be destroyed;
F.
use a later
version of the Software than is provided herewith unless You have purchased
upgrade insurance or have otherwise separately acquired the right to use such
later version; use, if You received
the software distributed on media containing multiple M3LGS products, any M3LGS
software on the media for which You have not received a permission in a License
Module;
G.
use the
Software in any manner not authorized by this license; nor
H.
use the
Software in any manner that contradicts any additional restrictions set forth
below.
2.
Content Updates:
Certain
Software utilize content that is updated from time to time (including but not
limited to the following Software: antivirus software utilize updated virus
definitions; content filtering software utilize updated URL lists; some
firewall software utilize updated firewall rules; and vulnerability assessment
products utilize updated vulnerability data; these updates are collectively
referred to as “Content Updates”). You shall have the right to obtain Content
Updates for any period for which You have purchased maintenance, except for
those Content Updates that M3LGS elects to make available by separate paid
subscription, or for any period for which You have otherwise separately
acquired the right to obtain Content Updates. M3LGS reserves the right to
designate specified Content Updates as requiring purchase of a separate
subscription at any time and without notice to You; provided, however, that if
You purchase maintenance hereunder that includes particular Content Updates on
the date of purchase, You will not have to pay an additional fee to continue
receiving such Content Updates through the term of such maintenance even if
M3LGS designates such Content Updates as requiring separate purchase. This
License does not otherwise permit the licensee to obtain and use Content
Updates.
3.
Product Installation and Required Activation:
There
are technological measures in this Software that are designed to prevent
unlicensed or illegal use of the Software. You agree that M3LGS may use these
measures to protect M3LGS against software piracy. This Software may contain
enforcement technology that limits the ability to install and uninstall the
Software on a computer to not more than a finite number of times for a finite
number of computers. This License and the Software containing enforcement
technology require activation as further set forth in the documentation. The
Software will only operate for a finite period of time prior to Software
activation by You. During activation, You will provide Your unique product key
accompanying the Software and computer configuration in the form of an
alphanumeric code over the Internet to verify the authenticity of the Software.
If You do not complete the activation within the finite period of time set
forth in the documentation, or as prompted by the Software, the Software will
cease to function until activation is complete, which will restore Software
functionality. In the event that You are not able to activate the Software over
the Internet, or through any other method specified during the activation
process, You may contact M3LGS Customer Support using the information provided
by M3LGS during activation, or as may be set forth in the documentation. 4.
thirty (30) Day Money Back Guarantee: If You are the original licensee of this
copy of the Software and are not completely satisfied with it for any reason,
please contact M3LGS Customer Service for a refund of the money You paid for
the Software (less shipping, handling, and any applicable taxes except in
certain states and countries where shipping, handling and taxes are refundable)
at any time during the thirty (30) day period following the date of purchase.
5.
Limited Warranty:
M3LGS
warrants that the media on which the Software is distributed will be free from
defects for a period of thirty (30) days from the date of delivery of the
Software to You. Your sole remedy in the event of a breach of this warranty
will be that M3LGS will, at its option, replace any defective media returned to
M3LGS within the warranty period or refund the money You paid for the Software.
M3LGS does not warrant that the Software will meet Your requirements or that
operation of the Software will be uninterrupted or that the Software will be
error-free.
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE
AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO
STATE AND COUNTRY TO COUNTRY.
6.
Disclaimer of Damages:
SOME
STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA,
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF
WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT
WILL M3LGS OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL,
INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING
OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF M3LGS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL M3LGS’S OR ITS LICENSORS’
LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE. The disclaimers and
limitations set forth above will apply regardless of whether You accept the
Software.
7.
U.S.
Government Restricted Rights:
RESTRICTED
RIGHTS LEGEND. All M3LGS products and documentation are commercial in nature.
The software and software documentation are “Commercial Items,” as that term is
defined in 48 C.F.R. section 2.101, consisting of “Commercial Computer
Software” and “Commercial Computer Software Documentation,” as such terms are
defined in 48 C.F.R. section 252.227-7014(a)(5) and 48 C.F.R. section
252.227-7014(a)(1), and used in 48 C.F.R. section 12.212 and 48 C.F.R. section
227.7202, as applicable. Consistent with 48 C.F.R. section 12.212, 48 C.F.R.
section 252.227-7015, 48 C.F.R. section 227.7202 through 227.7202-4, 48 C.F.R.
section 52.227-14, and other relevant sections of the Code of Federal
Regulations, as applicable, M3LGS's computer software and computer software
documentation are licensed to United States Government end users with only
those rights as granted to all other end users, according to the terms and
conditions contained in this license agreement. Manufacturer is M3LGS LLC.,
6833 Cheatham Dr, Watauga,
TX, 76148.
8.
Export Regulation:
Certain
M3LGS products are subject to export controls by the U.S. Department of
Commerce (DOC), under the Export Administration Regulations (EAR) (see
www.bxa.doc.gov). Violation of
U.S.
law is strictly prohibited. You agree to comply with the requirements of the
EAR and all applicable international, national, state, regional and local laws,
and regulations, including any applicable import and use restrictions. M3LGS
products are currently prohibited for export or re-export to
Cuba,
North Korea,
Iran,
Iraq,
Libya,
Syria
and
Sudan
or to any country subject to applicable trade sanctions. You agree not to
export, or re-export, directly or indirectly, any product to any country
outlined in the EAR, nor to any person or entity on the DOC Denied Persons,
Entities and Unverified Lists, the U.S. Department of State’s Debarred List, or
on the U.S. Department of Treasury's lists of Specially Designated Nationals,
Specially Designated Narcotics Traffickers, or Specially Designated Terrorists.
Furthermore, You agree not to export, or re-export, M3LGS products to any
military entity not approved under the EAR, or to any other entity for any
military purpose, nor will You sell any M3LGS product for use in connection
with chemical, biological, or nuclear weapons or missiles capable of delivering
such weapons.
9.
General:
If
You are located in North America or Latin America, this Agreement will be
governed by the laws of the State of
California,
United States of America
. Otherwise, this Agreement will be governed by the laws
of
England
and
Wales
. This Agreement and any related License Module is the
entire agreement between You and M3LGS relating to the Software and: (i)
supersedes all prior or contemporaneous oral or written communications,
proposals, and representations with respect to its subject matter; and (ii)
prevails over any conflicting or additional terms of any quote, order,
acknowledgment, or similar communications between the parties. This Agreement
shall terminate upon Your breach of any term contained herein and You shall 4
cease use of and destroy all copies of the Software. The disclaimers of
warranties and damages and limitations on liability shall survive termination.
Software and documentation is delivered Ex Works California,
U.S.A.
or
Dublin, Ireland
respectively (ICC INCOTERMS 2000). This Agreement may only be modified by a
License Module that accompanies this license or by a written document that has
been signed by both You and M3LGS. Should You have any questions concerning
this Agreement, or if You desire to contact M3LGS for any reason, please write
to: M3LGS Customer Service -
6833 Cheatham Dr, Watauga,
TX, 76148,
U.S.A.,
10.
Additional Uses and Restrictions:
A.
In the event this Software contains the
Norton
Security
Center
component, any disclaimer of damages herein shall apply to such component.
