METAGEEK, LLC ("MetaGeek") LICENSES THIS SOFTWARE PRODUCT TO YOU SUBJECT TO THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT (THIS "AGREEMENT"). READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING, COPYING AND/OR USING THIS COMPUTER SOFTWARE AND THE ACCOMPANYING DOCUMENTATION (THE "SOFTWARE"). BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT DO NOT INSTALL, COPY OR USE THE SOFTWARE.
THE SOFTWARE AND DOCUMENTATION ARE LICENSED "AS IS", AND METAGEEK DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT AUTHORIZED BY LAW. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS.
Subject to the terms and conditions of this Agreement, MetaGeek hereby grants to you a non-exclusive, non-transferable license (without the right to sublicense) (i) to use the Software solely for purposes of testing and evaluation, and (ii) to copy Software for archival or backup purposes, provided that all titles and trademarks, copyright, and restricted rights notices are reproduced on such copies.
Licensee agrees to treat Software as confidential and will not without the express written authorization of MetaGeek (i) demonstrate, copy, sell or market Software to any third party, (ii) publish or otherwise disclose information relating to performance or quality of the Software to any third party or (iii) modify, reuse, disassemble, decompile, reverse engineer or otherwise translate Software or any portion thereof.
Licensee agrees to notify MetaGeek of all problems and ideas for enhancements which come to Licensee's attention during the period of this Agreement, and hereby assigns to MetaGeek all right, title and interest to such enhancements and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights. The Licensee agrees to provide material, statistics, or information that is not deemed confidential to Licensee’s business for use in press releases, customer testimonials, and as a reference in marketing and sales initiatives by MetaGeek.
MetaGeek is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Software will be corrected.
Title to the Software and all copies thereof remain with MetaGeek. The Software is copyrighted and is protected by United States copyright laws and international treaty provisions. Licensee agrees to prevent any unauthorized copying of the Software. Except as expressly provided herein, MetaGeek does not grant any express or implied right to you under MetaGeek patents, copyrights, trademarks, or trade secret information.
Your rights with respect to the Beta Software will terminate upon the earlier of (i) the initial commercial release by MetaGeek of a generally available version of the Software or (ii) six months after the last date you receive the Software or any update thereto. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof. Upon any expiration or termination of this Agreement, the rights and licenses granted to you under this Agreement shall immediately terminate, and you shall immediately cease using the Software, Documentation, and all other tangible items in your possession or control that are proprietary to or contain Confidential Information.
IN NO EVENT WILL METAGEEK, LLC BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR DAMAGES RESULTING FROM LOSS OF USE, OR LOSS OF ANTICIPATED PROFITS RESULTING FROM ANY DEFECT IN THE PROGRAM, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITIES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY.
This license agreement shall be governed, construed and enforced in accordance with the laws of the United States of America and the State of Idaho, and shall inure to the benefit of MetaGeek, LLC or its assigns. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts.
This Agreement constitutes the complete and exclusive agreement between you and MetaGeek with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. This Agreement may not be amended except in writing by an authorized representative of MetaGeek.