0% found this document useful (0 votes)
3 views

Eula

The End User License Agreement (EULA) for MindMaple software outlines the terms under which users may install and use the software, including restrictions on modification, redistribution, and liability disclaimers. Users must agree to the terms to proceed with installation, and the company retains ownership and copyright of the software. The agreement also details data collection practices, termination conditions, and the exclusive nature of the agreement between the user and the company.

Uploaded by

Liên Trương
Copyright
© © All Rights Reserved
Available Formats
Download as RTF, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
3 views

Eula

The End User License Agreement (EULA) for MindMaple software outlines the terms under which users may install and use the software, including restrictions on modification, redistribution, and liability disclaimers. Users must agree to the terms to proceed with installation, and the company retains ownership and copyright of the software. The agreement also details data collection practices, termination conditions, and the exclusive nature of the agreement between the user and the company.

Uploaded by

Liên Trương
Copyright
© © All Rights Reserved
Available Formats
Download as RTF, PDF, TXT or read online on Scribd
You are on page 1/ 5

You must accept the License Agreement outlined below to continue the installation.

END USER LICENSE AGREEMENT

By installing or using the MindMaple Inc. (the “Company”) product MindMaple (the “Software”) you
indicate your agreement to the terms of this End User License Agreement (the “Agreement”). If you do not
agree to the terms herein, you are not authorized to copy or use the Software. The Software, all images,
photographs, icons and text incorporated in the Software, are owned by Company or its third party
suppliers (“Third Party Supplier”) and are protected by United States copyright laws and international
treaty provisions. Except to the extent expressly licensed herein, all rights are reserved to Company and
its Third Party Suppliers. You may not reverse engineer, decompile or disassemble the Software.

ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE TERMS SET FORTH BELOW. USING
THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT
THESE TERMS YOU ARE NOT AUTHORIZED TO USE THIS SOFTWARE.

LICENSE GRANT
The Company grants you a non-exclusive, royalty-free, worldwide right and license to use the
executable version of the Software, where “use” in this Agreement means storing, loading, installing or
executing the Software. You may not modify the Software or disable any licensing or control features of
the Software. You agree that you may not copy the written materials accompanying the Software. You
may copy the software for archival purposes so long as the copy is unmodified from the original
distribution and the copy retains all of the original Software’s proprietary notices. You may not redistribute
this software except as provided herein. You may not rent or lease your rights to the Software or
documentation.

You shall not use the Software in any manner that could damage, disable, overburden or impair any
features or services provided through the Software.

OWNERSHIP
All right, title and interest in and to the Software is owned and copyrighted by the Company or its
Third Party Suppliers. Your license confers neither title to nor ownership in the Software and is not a sale
of any rights in the Company. Company Third Party Suppliers may protect their rights in the event of any
violation of this License Agreement as if such Third Party Suppliers were parties to this License
Agreement. No license is given to you under any patent or patent application of Company.

COPIES, ADAPTATIONS AND DISTRIBUTION


Other than as provided in the License Grant section of this agreement and herein below, you may
only make copies or adaptations of the Software for archival purposes or when copying or adaptation is
an essential step in the authorized use of the Software. You must reproduce all copyright notices in the
original Software on all copies or adaptations. Except as provided in the Assignment and Non-assignment
section of this Agreement you may not distribute a license key, license code, serial code or other licensing
device for the Software to any third party unless you obtain written permission from Company.
You may freely redistribute the Software provided that you do not charge a fee, whether for
distribution or the media containing the Software, except as permitted herein.

ISPs, technology publications, non-profit organizations, charities or charitable organizations, and


educational organizations such as schools or universities may distribute the Software for free to home
users, volunteers, or students for non-commercial private use provided that they do not charge a fee for
the Software, but may charge reasonable handling and duplication fees provided that the recipient is
explicitly made aware that they are not being charged for the Software and that the token fee associated
is exclusively to cover handling and duplication fees. If the Software is included as part of a distribution
package for which a fee is being charged, you may include the Software provided that you do not levy
charges for the distribution package beyond reasonable additional handling and duplication fees and that
the recipient is explicitly made aware that they are not being charged for the Software.

If the Software is distributed as a part of another package or software bundle or in association with
services for which a fee is being levied, Company permission must first be obtained.

In all cases where this Software is distributed, it must remain complete and unchanged in its original
EXE package with all messages intact. You may rename the distributable EXE file for management
purposes provided that the Software name and version number remain clear in the new file name.

You may create a translated adaptation of the Software and its accompanying documentation
(“Documentation”) into another human language. If you submit a translation of all or any of the Software
or Documentation, you agree that the translation and its copyright is the exclusive property of Company.
You also agree that compensation or non-compensation for your translation submission of the Software or
Documentation is solely at the discretion of Company.

NO DISASSEMBLY, RECOMPILATION OR DECRYPTION


You may not disassemble or decompile the Software unless Company prior written consent is
obtained. In some jurisdictions, Company consent may not be required for limited disassembly or
decompilation. Upon request, you will provide Company with reasonably detailed information regarding
any disassembly or decompilation. You may not decrypt the Software unless decryption is an essential
step in the authorized use of the Software.

NO WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY
DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED
DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD
PARTY PROPRIETARY RIGHTS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF
THE SOFTWARE REMAINS WITH YOU.

NO LIABILITY FOR DAMAGES


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY NOR ITS
THIRD PARTY SUPPLIERS SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL 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 OR RELATING TO THE USE OR INABILITY TO
USE THIS SOFTWARE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. FURTHERMORE, THE COMPANY’S LIABILITY FOR DIRECT DAMAGES SHALL
NOT EXCEED THE LICENSE FEE, IF ANY, PAID BY YOU DIRECTLY TO THE COMPANY FOR USE OF
THE PRODUCT OR ANY LICENSE FEE RECEIVED BY THE COMPANY FOR THE USE OF THE
PRODUCT IF PURCHASED THROUGH AN AUTHORIZED THIRD PARTY.

CUSTOMER REMEDIES
YOUR EXCLUSIVE REMEDY SHALL BE, AT COMPANY OPTION, REPAIR OR REPLACEMENT OF
THE SOFTWARE OR REFUND OF PART OR ALL OF THE LICENSE FEE, IF ANY, PAID BY YOU FOR
THE SOFTWARE.

INDEMNIFICATION
This Software is intended for use with media, files, and content for which you have sufficient rights to,
authority for, or ownership of. It is your responsibility to ascertain whether copyrights, patents, or other
licenses are needed for the content that you use in conjunction with the Software. You agree to hold
harmless, indemnify and defend the Company, their officers, directors, employees and Third Party
Suppliers against any loss, damage, fine, or expense (including attorney’s fees) arising out of or related to
any claim that you have used this Software in violation of applicable laws in your jurisdiction. It is your
responsibility to abide by the laws of whichever jurisdiction you reside in.

DATA COLLECTION AND USAGE


As part of the Software, additional software components (“Software Components”) authored by
Company and the Company's partner ESTsoft Corp. ("ESTsoft") may be incorporated into the Software or
installed alongside the Software for the purpose of Software maintenance, updates, advertisements via
banners and aggregate usage statistics.

During the installation, you will be prompt to check for updates automatically. If you agree, the
Software will connect to the server in order to check if a new version is available. An XML file from the
server will be downloaded to your system as a temporary file in order the Software to compare the
version.

In addition to the update, the Software will send the time, Software name, Software version, language
of Software, license type of Software, run count, version and language of the operating system, MAC
address and IP address in order to improve the Software. The information will only be used to improve the
product of the Software and will not be used for any other purposes. If you do not wish to send the
information along with the automatic update check, you can uncheck checking for automatic updates
during the installation or from the options dialogue within the Software.
TERMINATION
This Agreement shall continue for the duration of Company copyright in the Software, unless earlier
terminated as provided herein. The Company may terminate your license immediately without notice to
you for your failure to comply with any of the terms set forth in this Agreement. Upon termination, you
must immediately destroy the Software, together with all copies, adaptations and merged portions thereof
in any form. Obligations to pay accrued charges or fees shall survive the termination of this Agreement.

You may terminate this Agreement at any time by uninstalling the Software and deleting all copies of
it.

ASSIGNMENT AND NON-ASSIGNMENT


If you are an individual and this Agreement is for a single license, then this license is personal to you
but you may assign your rights under this Agreement to a third party who agrees in writing to be bound to
this Agreement prior to the assignment and provided that you transfer all copies of the Software,
registration keys and/or codes, and related documentation to the third party and destroy any copies not
transferred. If you are an individual and this Agreement is for a multi-user license, or you are not an
individual and are an entity, then you may not assign your rights under this Agreement without the prior
written permission of the Company. If you are an entity that merges with or is acquired by another entity
then your rights under this Agreement shall be deemed to be temporarily assigned to the resulting entity
of that merge or acquisition provided that you supply the Company with written notice not later than the
date on which any public announcement of that merger or acquisition is made. Upon receipt of written
notice, the Company shall have thirty (30) days to either accept or reject the assignment of rights.

U.S. GOVERNMENT RESTRICTED RIGHTS


The Software and any accompanying documentation have been developed entirely at private
expense. They are delivered and licensed as “commercial computer software.” If this Software is
acquired under the terms of a DOD or civilian agency contract, use, reproduction or disclosure of the
Software by the Government is subject to the restrictions set forth in this License Agreement in
accordance with 48 C.F.R. 227.7202 or 48 C.F.R. 12.212, respectively.

COPYRIGHTS
Copyright ownership of the program and all attachments contained in ths product are exclusively
owned by MindMaple Inc. The Software and contents in the Software are protected by copyright laws and
international copyright agreements as well as other intellectual property rights and other international
agreements.

ENTIRE AGREEMENT

Unless otherwise expressly agreed in writing, this License Agreement constitutes the sole and
exclusive agreement between you and Company with regard to the Software, and supersedes all prior
agreements, whether oral or written, and other communications between the parties relating to the subject
matter set forth herein.

If you have any questions regarding this License Agreement or if you wish to request any information from
Company, please contact the firm at the e-mail address below.

Website: http://www.mindmaple.com
E-mail: support@mindmaple.com

Copyright (c) 2011-present MindMaple Inc. All rights reserved. MindMaple is a trademark of MindMaple
Inc.

You might also like