LICENSE AGREEMENT FOR Macaw SharePoint.DesignFactory.ContentFiles
IMPORTANT-READ CAREFULLY: This End User License Agreement (this "LICENSE AGREEMENT") contains the terms and conditions regarding your use of the SOFTWARE (as defined below). This LICENSE AGREEMENT contains material limitations to your rights in that regard. You should read this LICENSE AGREEMENT carefully and treat it as valuable property.
I. This License Agreement.
Software covered by this LICENSE AGREEMENT. This LICENSE AGREEMENT governs your use of the Macaw SharePoint.DesignFactory.ContentFiles software product(s) enclosed or otherwise accompanied herewith (individually and collectively, the "SOFTWARE"). The term "SOFTWARE" includes, to the extent provided by Macaw Nederland B.V.:
1. Any revisions, updates and/or upgrades thereto;
2. Any data, image or executable files, databases, data engines, computer software, or similar items customarily used or distributed with computer software products;
3. Anything in any form whatsoever intended to be used with or in conjunction with the SOFTWARE; and
4. Any associated media, documentation.
This LICENSE AGREEMENT is a Legally Binding Agreement between You and Macaw Nederland B.V..
If you are acting as an agent of a company or another legal person, such as an officer or other employee acting for your employer, then "you" and "your" mean your principal, the entity or other legal person for whom you are acting. However, importantly, even if you are acting as an agent for another, you may still be personally liable for violation of federal and State laws, such as copyright infringement.
This LICENSE AGREEMENT is a legally binding agreement between you and Macaw Nederland B.V.. You intend to be legally bound to this LICENSE AGREEMENT to the same extent as if Macaw Nederland B.V. and you physically signed this LICENSE AGREEMENT. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms and conditions contained in this LICENSE AGREEMENT. If you do not agree to all of the terms and conditions contained in this LICENSE AGREEMENT, you may not install or use the SOFTWARE. If, for whatever reason, installation has begun or has been completed, you should cancel installation or un-install the SOFTWARE, as the case may be. (You may click on the "exit" button or its equivalent to immediately abort installation.) If you do not agree to all of these terms and conditions, then you must promptly return the SOFTWARE to the place of business from which you obtained it in accordance with any return policies of such place of business.
II. YOUR LICENSE TO INSTALL AND TO USE.
This LICENSE AGREEMENT grants you a free license. The license for this version of the SOFTWARE requires no payment by the user to Macaw or any other party. However, Macaw or another party may require the user to purchase the computer media and pay service charges related to providing the SOFTWARE to the user. Because this license is granted to the user for no cost, the user is not entitled to free technical support from Macaw Nederland B.V..
You agree that you will not reverse engineer, decompile or disassemble any portion of the SOFTWARE.
In all cases, you may not use Macaw's name, logo, or trademarks to market your Web Site without the express written consent of Macaw Nederland B.V.; You agree to indemnify, hold harmless, and defend Macaw Nederland B.V., its suppliers and resellers, from and against any claims or lawsuits, including attorney's fees that may arise from the use or distribution of your Web Site; You may use the SOFTWARE only to create Web Sites.
You may use the SOFTWARE to create and deploy packages on SharePoint Servers in both non-commerncial and commercial projects.
III. INTELLECTUAL PROPERTY.
Copyright. You agree that all right, title, and interest in and to the SOFTWARE (including, but not limited to, any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the SOFTWARE), and any copies of the SOFTWARE, and any copyrights and other intellectual properties therein or related thereto are owned exclusively by Macaw Nederland B.V., except to the limited extent that Macaw Nederland B.V.may be the rightful license holder of certain third-party technologies incorporated into the SOFTWARE. The SOFTWARE is protected by copyright laws and international treaty provisions. The SOFTWARE is licensed to you, not sold to you. Macaw Nederland B.V. reserves all rights not otherwise expressly and specifically granted to you in this LICENSE AGREEMENT.
IV. WARRANTIES AND REMEDIES.
Macaw Nederland B.V. expressly disclaims any warranty for the software, documentation and anything else provided by Macaw Nederland B.V. hereby and Macaw Nederland B.V. provides the same in “as is” condition without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose. The entire risk arising out of use or performance of the software and documentation remains with you.
in no event shall Macaw Nederland B.V. be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use the software, even if Macaw Nederland B.V. has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages in certain cases, the above limitation may not apply to you.
Any disputes arising from and/or related to and/or in connection with the LICENSE AGREEMENT, the formation and/or performance thereof as well as these General Terms and Conditions shall in the first instance be dealt with exclusively by the competent court in Amsterdam. However, the Parties may agree in writing that disputes will be settled by means of arbitration in compliance with the Arbitration Regulations of the Foundation for the Settlement of Automation Disputes (SGOA: Stichting Geschillenoplossing Automatisering) in The Hague.
The Parties shall not go to court until they have exerted their best efforts to settle a dispute in mutual consultation.