NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE REPLACE PIONEER SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.
1. GRANT OF LICENSE. MIND PIONEER SOFTWARE grants you a license to use one copy of the version of this SOFTWARE on any one system for as many licenses as you purchase. "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE's programming features. When you first obtain a copy of the SOFTWARE, you are granted an evaluation period of not more than 21 days, after which time you must pay for the SOFTWARE, or you must remove the SOFTWARE from your system. This license is not transferrable to any other system, or to another organization or individual. You are expected to use the SOFTWARE on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This "try before you buy" approach is the ultimate guarantee that the SOFTWARE will perform to your satisfaction; therefore, you understand and agree that there is no refund policy for any purchase of the SOFTWARE.
2. COPYRIGHT. The SOFTWARE is protected by international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of MIND PIONEER SOFTWARE and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
3. NON PERMITTED USES. You may not translate, reverse program, disassemble, decompile or otherwise reverse engineer the SOFTWARE.
4. LIMITED WARRANTY. THIS SOFTWARE IS LICENSED TO YOU "AS IS," AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MIND PIONEER SOFTWARE DOES NOT WARRANT THAT THIS SOFTWARE DOES NOT INFRINGE ANY RIGHTS OF THIRD PARTIES.
5. LIMITATION OF LIABILITY. MIND PIONEER SOFTWARE grants the license to the SOFTWARE hereunder and you accept the use hereof on an "AS IS" and "WITH ALL FAULTS" basis. Furthermore, you understand and agrees that IN NO EVENT WILL MIND PIONEER SOFTWARE OR ANY OF ITS SUPPLIERS BE LIABLE TO LICENSEE FOR SPECIAL OR CONSEQUENTIAL DAMAGES which might arise out of or in connection with the performance or non-performance of this Agreement or of the SOFTWARE hereunder, even if MIND PIONEER SOFTWARE has been advised of the possibility of such damages, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS due to errors, inaccuracies, omissions, incompleteness or insufficiency of the SOFTWARE or materials, nor for the usefulness of the SOFTWARE to you. In no event shall MIND PIONEER SOFTWARE 'S liability related to any of the SOFTWARE exceed the license fees, if any, actually paid by you for the SOFTWARE. MIND PIONEER SOFTWARE shall not be liable for any damages whatsoever arising out of or related to the use of or inability to use the SOFTWARE, including but not limited to direct, indirect, special, incidental, or consequential damages.