Você está na página 1de 3

LICENSE AGREEMENT

THIS AGREEMENT PERMITS YOU TO USE (i) a free, limited-use copy of EasyFit for y
our own personal evaluation purposes; (ii) to purchase a licensed copy of EasyFi
t and unlock its full functionality. If you are acquiring a license to a free, l
imited-use copy of EasyFit, limitations will be placed on the software's functio
nality unless you order and pay for your copy of the software within 30 days. Fo
r more information, please see http://www.mathwave.com/order.html
THIS SOFTWARE IS FOR PERSONAL USE ONLY. If you are interested in licensing Eas
yFit for any other purpose, please contact us at info@mathwave.com.
THE SOFTWARE AND ITS ACCOMPANYING DOCUMENTATION ARE PROTECTED BY UNITED STATES
AND INTERNATIONAL COPYRIGHT LAW, TRADEMARK LAW AND INTERNATIONAL TREATY AND ARE
THE SUBJECT MATTER OF PATENTS AND PENDING PATENTS. UNAUTHORIZED REPRODUCTION OR
DISTRIBUTION OF THE SOFTWARE AND RELATED DOCUMENTATION MAY RESULT IN CIVIL AND/O
R CRIMINAL PENALTIES.
INTRODUCTION.
This Agreement is between MathWave Technologies ("MathWave"), and you ("you") (
including the company or enterprise you represent or which employs you), the use
r of EasyFit only as authorized hereunder and the accompanying documentation (co
llectively "EasyFit"). This copy of EasyFit is intended for your personal use on
ly. For information about site licenses, please contact MathWave at info@mathwav
e.com.
Based on the foregoing and other good and valuable consideration, you agree:
1. LICENSE GRANT.
Subject to the restrictions below, MathWave grants you a personal, non-exclusiv
e, non-transferable, royalty-free, revocable license ("License") to use EasyFit
for personal uses only. This license permits you to make up to two object code c
opies of EasyFit during the term of this Agreement, installed on up to two perso
nal computers or archival digital storage devices, but for use only by you, and
only on a single personal computer concurrently. You must reproduce on all copie
s of EasyFit the copyright, trademark and patent notices and other proprietary l
egends that appear on the original copy of EasyFit.
2. EVALUATION LICENSE.
If you have downloaded an unregistered copy of EasyFit, your copy is intended f
or your personal evaluation use only during a 30-day trial period. Unless you pa
y for your copy of EasyFit following this trial period you will see a reminder w
indow every time EasyFit is started or exited. After the conclusion of the 30-da
y trial period EasyFit will stop functioning and you will not be able to use it.
3. REGISTRATION.
To remove these limitations, you must order and pay for your licensed copy of E
asyFit. To order EasyFit please visit the following link and follow the instruct
ions provided: http://www.mathwave.com/order.html
Once you pay for your copy of EasyFit, you will receive a unique and secret reg
istration number enabling you to unlock the full functionality of EasyFit. The r
egistration number you receive is a valuable trade secret belonging to MathWave.
You agree not to disclose that serial number to any other person under any circ
umstances.

4. NO IMPLIED LICENSE.
You acknowledge that this License in no way shall be construed to provide an ex
press or implied license to use, modify or improve any of MathWave's copyrights,
trademarks, trade secrets and/or patents.
5. RESTRICTIONS.
EasyFit contains proprietary information, which is protected by a combination o
f copyright, trademark, patent, trade secret and/or other proprietary rights, an
d constitutes valuable property of MathWave. You acknowledge that MathWave is di
sclosed to you only for purposes consistent with the terms and conditions of thi
s License and that you do not acquire any rights of ownership or title in MathWa
ve. You may not (i) translate, modify, disassemble, decompile or reverse-engine
er EasyFit; (ii) rent, lease, loan, sell, sublicense, grant a security interest
in, distribute or otherwise transfer EasyFit to any third party; (iii) create de
rivative works of EasyFit, except in accordance with this Agreement; or (iv) rem
ove any copyright, patent, trademark or other proprietary notice or label from E
asyFit or any accompanying documentation or materials.
6. OWNERSHIP.
MathWave owns all right, title and interest in and to all Intellectual Property
Rights subsisting in EasyFit and all portions thereof. For purposes of this Agr
eement, "Intellectual Property Rights" means any and all rights affecting intell
ectual or industrial property existing now or in the future in the United States
or anywhere in the universe. Intellectual Property Rights include, without limi
tation, any and all rights (i) under the laws of copyright, patent, trade secret
, trademark, trade dress, unfair competition, "droit moral" or moral rights, or
other similar laws; (ii) of publicity or privacy; (iii) relating to the developm
ent and use of databases, or know-how; and (iv) subsisting in any and all applic
ations, registrations, renewals, extensions, restorations, continuations, divisi
onals, or foreign counterparts of any of the foregoing. Unauthorized copying of
EasyFit will cause MathWave great and irreparable harm. MathWave is entitled to
receive immediate equitable relief from any court of competent jurisdiction to p
revent or stop your threatened or actual infringement of any of those rights.
7. MAINTENANCE SERVICES.
After you pay a registration fee, you will receive one year of free software up
grades and technical support via electronic mail.
8. DISCLAIMER OF WARRANTIES.
All products and services relating to this Agreement ("Services") including, wi
thout limitation, EasyFit, MathWave's Web site, and Maintenance Services are pro
vided "AS IS," without warranty of any kind. MATHWAVE EXPRESSLY DISCLAIMS ANY AN
D ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING EasyFit, INCLUDING BUT NOT LIMIT
ED TO ANY IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULA
R PURPOSE, OR TITLE, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR
TRADE PRACTICE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD PARTY'S PATEN
T(S), TRADE SECRET(S), COPYRIGHT(S) OR OTHER INTELLECTUAL PROPERTY RIGHTS. MATHW
AVE DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH USES. MATHWAVE
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN EasyFit WILL MEET YOUR REQUIRE
MENTS, OR THAT THE OPERATION OF EasyFit WILL BE UNINTERRUPTED OR ERROR-FREE, OR
THAT DEFECTS IN EasyFit WILL BE CORRECTED. FURTHERMORE, MATHWAVE DOES NOT WARRAN
T OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF Eas
yFit IN TERMS OF IT'S CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL
OR WRITTEN INFORMATION OR ADVICE GIVEN BY MATHWAVE OR MATHWAVE'S AUTHORIZED REPR

ESENTATIVE SHALL CREATE ANY WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WA
RRANTY. SHOULD EasyFit PROVE DEFECTIVE, YOU (AND NOT MATHWAVE OR MATHWAVE'S AUTH
ORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RI
GHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MATHWAVE BE LIABLE FOR ANY
LOST REVENUE OR PROFITS OR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL D
AMAGES THAT RESULT FROM THE USE OR INABILITY TO USE EasyFit OR ANY SERVICES RELA
TING TO THIS AGREEMENT REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES AND EVE
N IF MATHWAVE OR MATHWAVE'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE PO
SSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MATHWAVE'S TOTAL LIABILITY TO
YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (IN
CLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT MATHWAVE RECEIVED FOR USE OF
EasyFit.
10. PRIVACY.
MathWave may collect information ("Consumer Information") about visitors to its
Web site and their activities while visiting the Web site. MathWave may use you
r Consumer Information to improve your experience with the Web site and MathWave
products and services. MathWave will not disclose or sell your Consumer Inform
ation to any third party. MathWave may use your Consumer Information in the aggr
egate to compile demographic information for potential customers, business partn
ers and advertisers. For more information on MathWave's Privacy Policy, please s
ee http://www.mathwave.com/privacy.html
11. TERMINATION.
This Agreement will commence upon installation of EasyFit. Your rights under Se
ction 1 and/or 2 will immediately and automatically terminate upon your breach o
f any provision of this Agreement, at which time you must destroy all copies of
EasyFit in your possession.

Você também pode gostar