Software Product : magayo World Time Weather

IMPORTANT: READ CAREFULLY BEFORE INSTALLING, DOWNLOADING OR USING THE SOFTWARE

magayo
End-User Software License Agreement

This Software Agreement ('Agreement') is between You (either an individual or an entity), the End User, and magayo. The Agreement authorizes You to use the Software specified in Clause 1 below, which may be stored on a CD-ROM, sent to You by electronic mail, downloaded from a Web page or Servers or from other sources under the terms and conditions set forth below. This is an agreement on end user rights and not an agreement for sale. magayo continues to own the Software and the physical media contained in the sales package and any other copy that You are authorised to make pursuant to this Agreement.

Read this Agreement carefully before installing, downloading or using the Software. By clicking on the 'I Accept' or 'Accept' button, installing, downloading and/or using the Software, You agree to the terms and conditions of this Agreement. If You do not agree to all of the terms and conditions of this Agreement, promptly click on the 'Decline' or 'I Do Not Accept' or 'Don't Accept' button, cancel the installation or downloading, or uninstall or destroy or return the Software and accompanying documentation to magayo. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

1. SOFTWARE.
As used in this Agreement, the term 'Software' means, collectively: (i) the software product identified above (ii) all the contents of the disk(s), CD-ROM(s), electronic mail and its file attachments, or other media with which this Agreement is provided, including the object code form of the software delivered via a CD-ROM, electronic mail or web-page (iii) digital images, stock photographs, clip art or other artistic works ('Stock Files') (iv) related explanatory written materials and any other possible documentation related thereto ('Documentation'); (v) fonts, and (vi) upgrades, modified versions, updates, additions and copies of the Software (collectively 'Updates'), if any, licensed to You by magayo under this Agreement.

2. END USER RIGHTS AND USE.
magayo grants to You a non-exclusive, non-transferable end user right to install and use the Software. Every user license for the Pro Edition allows you to install and use the Software on a single computer only.

3. LIMITATIONS ON END USER RIGHTS.
You may not copy, distribute, or make derivative works of the Software.

(a) You may make one copy of the Software on magnetic media as an archival backup copy, provided Your archival backup copy is not installed or used on any computer. Any other copies You make of the Software are in violation of this Agreement.

(b) You may not use, modify, translate, reproduce or transfer the right to use the Software or copy the Software except as expressly provided in this Agreement.

(c) You may not resell, sublicense, rent, lease or lend the Software.

(d) You may not generate license key files for the Software Product.

(e) You may not reverse engineer, reverse compile, disassemble or otherwise attempt to discover the source code of the Software or create derivative works based on the Software.

(f) You agree that You shall only use the Software in a manner that complies with all applicable laws in the jurisdiction in which You use the Software, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

4. COPYRIGHT.
The Software and all rights, without limitation including proprietary rights therein, are owned by magayo and/or its licensors and affiliates and are protected by international treaty provisions and all other applicable national laws of the country in which it is being used. The structure, organization and code of the Software are the valuable trade secrets and confidential information of magayo and/or its licensors and affiliates. You must not copy the Software, except as set forth in clause 3 (Limitations On End User Rights). Any copies which You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on the Software.

5. INTELLECTUAL PROPERTY.
You acknowledge that you have only the limited, non-exclusive right to use and copy the Software as expressly stated in this license and that magayo retains title to the Software and all other rights not expressly granted. You agree not to remove or modify any copyright, trademark, patent or other proprietary notices that appear, on, in or with the Software.

6. MULTIPLE ENVIRONMENT SOFTWARE / MULTIPLE LANGUAGE SOFTWARE / DUAL MEDIA SOFTWARE / MULTIPLE COPIES / UPDATES.
If the Software supports multiple platforms or languages, if You receive the Software on multiple media, or if You otherwise receive multiple copies of the Software, the number of computers on which all versions of the Software are installed shall be one computer. You may not rent, lease, sublicense, lend or transfer versions or copies of the Software You do not use. If the Software is an Update to a previous version of the Software, You must possess a valid end user right to such previous version in order to use the Update and You may use the previous version for thirty (30) days after You receive the Update in order to assist You in the transition to the Update. After such time You no longer have a right to use the previous version, except for the sole purpose of enabling You to install the Update.

7. REGISTRATION.
YOU AGREE THAT UPON INSTALLING THE SOFTWARE, YOU SHALL REGISTER THE SOFTWARE BY ENTERING YOUR NAME, EMAIL ADDRESS, COUNTRY AND STATE AND SENDING THE REGISTRATION INFORMATION TO MAGAYO. THE SOLE PURPOSE OF CAPTURING THESE INFORMATION IS TO PREVENT ANY PIRACY OF THE SOFTWARE. THE REGISTRATION INFORMATION SENT IS ENCRYPTED AND WILL NEVER BE PROVIDED TO A THIRD-PARTY.

8. COMMENCEMENT & TERMINATION.
This Agreement is effective from the first date You install the Software. You may terminate this Agreement at any time by permanently deleting, destroying and returning, at Your own costs, the Software, all back up copies and all related materials provided by magayo. Your end user rights automatically and immediately terminate without notice from magayo if You fail to comply with any provision of this Agreement. In such event, You must immediately delete, destroy or return at Your own cost, the Software, all backup copies and all related material to magayo.

9. YOU ACKNOWLEDGE THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND EXPRESS OR IMPLIED AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER MAGAYO, ITS LICENSORS OR AFFILIATES NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY MAGAYO OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.

10. NO OTHER OBLIGATIONS.
This Agreement creates no obligations on the part of magayo other than as specifically set forth herein.

11. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAGAYO, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF MAGAYO OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, MAGAYO, ITS EMPLOYEES OR LICENSORS OR AFFILIATES' LIABILITY SHALL BE LIMITED TO US$5/-.

Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer. Nothing contained in this Agreement limits magayo's liability to You in the event of death or personal injury resulting from magayo's negligence. magayo is acting on behalf of its employees and licensors or affiliates for the purpose of disclaiming, excluding and/or restricting obligations, warranties and liability as provided in this clause 9, but in no other respects and for no other purpose.

12. AUDIT.
You agree that on magayo's request you will certify in writing your compliance with the terms of this license, including your use of the Software only on the number of computers licensed.

13. TECHNICAL SUPPORT.
magayo has no obligation to furnish You with technical support unless separately agreed in writing between You and magayo. magayo reserves the right to discontinue the provision and support of this Software at any time and without any notice. There will be no refund for any paid products should the provision and support of this Software be discontinued.

14. EXPORT RESTRICTIONS.
You may not export or re-export the Software in violation of the export laws of the United States, or the applicable laws of any other jurisdiction. Among other things, U.S. laws provide that the Software may not be exported or re-exported to certain countries that are embargoed or restricted or to certain restricted persons. You agree to comply strictly with all applicable import and export regulations and acknowledge that You have the responsibility to obtain licenses to export, re-export, transfer or import the Software.

This is the entire agreement between magayo and You relating to the Software and it supersedes any prior representations, discussions, undertakings, end user agreements, communications or advertising relating to the Software.