EZ Pinger 1.01.061220

EULA - End User License Agreement

EZ Pinger License Agreement

IMPORTANT - THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN
INDIVIDUAL OR AN ENTITY) AND MAXIMUM OUTPUT SOFTWARE. BY
INSTALLING AND/OR BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU
HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE
BOUND BY ITS TERMS. YOU FURTHER AGREE THAT IT IS THE FULL AND
COMPLETE AGREEMENT BETWEEN US, SUPERSEDING ALL PRIOR WRITTEN OR
VERBAL AGREEMENTS OF ANY KIND. IF YOU DO NOT UNDERSTAND OR DO NOT
AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST CEASE USING THIS
PRODUCT IMMEDIATELY AND PROMPTLY RETURN ALL MATERIALS (INCLUDING
DISK OR DISKS AND WRITTEN MATERIALS) TO MAXIMUM OUTPUT SOFTWARE.

Maximum Output Software Software License Agreement

1. GRANT OF LICENSE. This License Agreement permits you to use
one copy of the enclosed Maximum Output Software software program
(the "SOFTWARE") on a single computer (PRIMARY COMPUTER). The
SOFTWARE is in "use" on a computer when it, in usable form, is
loaded into temporary memory (i.e. random access memory) or
installed into permanent storage (e.g. hard disk drive, CD-ROM, or
other storage device) of that computer. However, the installation
files may be placed on a networked computer for the sole purpose
of internal distribution, and shall not constitute "use" for which
a separate license is required, provided you have purchased a
separate license for each computer to which the SOFTWARE is
installed.

2. COPYRIGHT. The SOFTWARE is owned by Maximum Output Software
and its author, Douglas Alan Johnson, and is protected by United
States copyright laws and international treaty provisions. The
SOFTWARE must be treated like all other copyrighted materials
(e.g. books or musical recordings), with the two following
exceptions: You may either (a) make copies of the SOFTWARE solely
for backup or archival purposes, or (b) transfer the SOFTWARE to a
single hard disk of each computer where the software is installed
provided you keep the original solely for backup or archival
purposes. You may not copy any written materials accompanying the
SOFTWARE.

3. OTHER RESTRICTIONS. Renting or leasing of the software is not
permitted. You may transfer the SOFTWARE and accompanying written
materials on a permanent basis provided you retain no copies and
the recipient agrees to the terms of this Agreement. You may not
decompile, reverse engineer, or disassemble the SOFTWARE. If the
SOFTWARE is an update or has been updated, any transfer must
include the most recent update and all prior versions.

LIMITED WARRANTY. This program is provided "as is" without any
warranty of any kind, either expressed or implied, including, but
not limited to, the implied warranties of merchantability and
fitness for a particular purpose. The entire risk as to the
quality and performance of the SOFTWARE is with you, the licensee.
Should the SOFTWARE prove defective, you assume the risk and
liability for the entire cost of all necessary repair, service, or
correction. Some states/jurisdictions do not allow the exclusion
of implied warranties, so the above exclusion may not apply to
you. This warranty gives you specific legal rights, and you may
have other rights, which vary from state/jurisdiction to
state/jurisdiction.

Maximum Output Software does not warranty the functions contained
in the SOFTWARE will meet your requirements, or that the operation
of the SOFTWARE will be error-free or uninterrupted. Maximum
Output Software does warrant that the disk(s) on which the program
is furnished shall be free from defects in materials and
workmanship for a period of ninety (90) days from the date of
purchase, so long as proof of purchase is provided.

CUSTOMER REMEDIES. Maximum Output Software's and its suppliers'
entire liability and your exclusive remedy shall be, at Maximum
Output Software's option, either (a) return of the price paid, or
(b) repair or replacement of the SOFTWARE that does not meet
Maximum Output Software's Limited Warranty and which is returned
to Maximum Output Software with proof of purchase. This Limited
Warranty is void if failure of the SOFTWARE has resulted from
accident, abuse, or misapplication. Any replacement SOFTWARE will
be warranted for the remainder of the original warranty period or
thirty (30) days, whichever is longer. Neither these remedies nor
any product support services are available outside the United
States without proof of purchase from an authorized non-U.S.
source.

NO OTHER WARRANTIES. To the maximum extent permitted by
applicable law, Maximum Output Software and its suppliers disclaim
all other warranties, either express or implied, including, but
not limited to, implied warranties of merchantability and fitness
for a particular purpose, with regard to the SOFTWARE, the
accompanying written materials, and any accompanying hardware.
This limited warranty gives you specific legal rights. You may
have others which vary from state/jurisdiction to
state/jurisdiction.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent
permitted by applicable law, in no event shall Maximum Output
Software or its suppliers be liable for any damages whatsoever
(including, without limitation, damages for loss of business
profits, business interruption, loss of business information, or
any other pecuniary loss) arising out of the use or inability to
use this Maximum Output Software product, even if Maximum Output
Software has been advised of the possibility of such damages or
for any claim by any other party. Because some
states/jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, the above
limitation may not apply to you.

U.S. Government Restricted Rights
The SOFTWARE and documentation are subject to export controls
under the United States Export Administration Act, as amended,
which Act prohibits exports of certain commodities and technical
data, including software, to specified countries. In particular,
the SOFTWARE may not be exported to Cuba, Iran, Iraq, Libya, North
Korea, Sudan, or Syria. You hereby certify that neither the
SOFTWARE nor the documentation will be transmitted or forwarded
outside of your country.

If you acquired this product in the United States, this Agreement
is governed by the laws of the State of Utah.