*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using MACS lite("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Lumiring Technology Ltd your use of MACS lite indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Lumiring Technology Ltd grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use MACS lite in accordance with this Agreement and any other written agreement with Lumiring Technology Ltd. Lumiring Technology Ltd does not transfer the title of MACS lite to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Lumiring Technology Ltd and the purchasers or users of MACS lite.
If you do not agree to be bound by this agreement, remove MACS lite from your computer now and, if applicable, promptly return to Lumiring Technology Ltd by mail any copies of MACS lite and related documentation and packaging in your possession.
MACS lite and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of MACS lite contact Lumiring Technology Ltd.
Your license to use MACS lite is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of MACS lite.
You shall use MACS lite in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of MACS lite together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of MACS lite may be used on one single computer location by one user. Use of MACS lite means that you have loaded, installed, or run MACS lite on a computer or similar device. If you install MACS lite onto a multi-user platform, server or network, each and every individual user of MACS lite must be licensed separately.
You may make one copy of MACS lite for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of MACS lite . The assignment, sublicense, networking, sale, or distribution of copies of MACS lite are strictly forbidden without the prior written consent of Lumiring Technology Ltd. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of MACS lite. If any person other than yourself uses MACS lite registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile MACS lite. Nor can you create any derivative works or other works that are based upon or derived from MACS lite in whole or in part.
Lumiring Technology Ltd's name, logo and graphics file that represents MACS lite shall not be used in any way to promote products developed with MACS lite . Lumiring Technology Ltd retains sole and exclusive ownership of all right, title and interest in and to MACS lite and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of MACS lite, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Lumiring Technology Ltd.You will indemnify, hold harmless, and defend Lumiring Technology Ltd , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Lumiring Technology Ltd's Software.
In no event (including, without limitation, in the event of negligence) will Lumiring Technology Ltd , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, MACS lite or the use or inability to use MACS lite or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Lumiring Technology Ltd's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Lumiring Technology Ltd ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Lumiring Technology Ltd.
Except as expressly stated in writing, Lumiring Technology Ltd makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
This Agreement shall be governed by the law of the China applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of China therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of MACS lite and destroy all copies of MACS lite supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY MACS lite AS WELL.
You agree that Lumiring Technology Ltd may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to MACS lite.Lumiring Technology Ltd may also use this information to provide notices to you which may be of use or interest to you.