End-User License Agreement for yamiMFTX Server

Under the terms of this Software End User License Agreement (hereinafter referred to as “the Agreement”) executed by and between author of yamiMFTX Server (hereinafter referred to as “the Software Vendor”) and you, a physical person or legal entity (hereinafter referred to as “You' or 'the End User”), You are entitled to use the Software defined in Article 1 of this Agreement. The Software defined in Article 1 of this Agreement can be stored on a data carrier, sent via electronic mail, downloaded from the Internet, downloaded from the Software Vendor's servers or obtained from other sources, subject to the terms and conditions specified below.

By installing, copying, or otherwise using the SOFTWARE, you agree to be bounded by the terms of this EULA.
If you do not agree to the terms of this EULA, do not install or use the SOFTWARE.

1. SOFTWARE. As used in this Agreement the term 'Software' means: (a) the “yamiMFTX Server” computer program and all components thereof; (b) all the contents of the disks, CD-ROMs, DVDs, e-mails and any attachments, or other media with which this Agreement is provided, including the object code form of the Software supplied on a data carrier, via electronic mail or downloaded via the Internet; (c) any related explanatory written materials and any other possible documentation related to the Software, above all any description of the Software, its specifications, any description of the Software properties or operation, any description of the operating environment in which the Software is used, instructions for use or installation of the Software or any description of how to use the Software (hereinafter referred to as “Documentation”); (d) copies of the Software, patches for possible errors in the Software, additions to the Software, extensions to the Software, modified versions of the Software and updates of Software components, if any, licensed to You by the Software Vendor pursuant to Article 3 of this Agreement. The Software shall be provided exclusively in the form of executable object code.

2. INSTALLATION. Software supplied on a data carrier, sent via electronic mail, downloaded from the Internet, downloaded from the Software Vendor's servers or obtained from other sources requires installation. You must install the Software on a correctly configured computer, complying at least with requirements set out in the Documentation. The installation methodology is described in the Documentation. No computer programs or hardware which could have an adverse effect on the Software may be installed on the computer on which You install the Software.

3. LICENSE. Subject to the condition that You have agreed to the terms of this Agreement, You pay the License Fee and You comply with all the terms and conditions stipulated herein, the Software Vendor shall grant You the following rights ('the License'):

a) Installation and use. You shall have the non-exclusive, non-transferable right to install the Software on the hard disk of a computer or other permanent medium for data storage, installation and storage of the Software in the memory of a computer system and to implement, store and display the Software.

b) Stipulation of the number of licenses. The Software may not be used on, distributed to, or installed on a greater number of computers than you have license keys.

4. RESTRICTIONS TO RIGHTS . You may not copy, distribute, extract components or make derivative works of the Software. When using the Software You are required to comply with the following restrictions:

(a) You may make one copy of the Software on a permanent storage medium as an archival back-up copy, provided your archival back-up copy is not installed or used on any computer. Any other copies You make of the Software shall constitute breach of this Agreement.

(b) You may not use, modify, translate or reproduce the Software or transfer rights to use the Software or copies of the Software in any manner other than as provided for in this Agreement.

(c) You may not sell, sub-license, lease or rent or borrow the Software or use the Software for the provision of commercial services.

(d) You may not reverse engineer, reverse compile or disassemble the Software or otherwise attempt to discover the source code of the Software, except to the extent that this restriction is expressly prohibited by law.

(e) You agree that You will 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.

5. COPYRIGHT.
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, clipart, libraries, and examples incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by the Author of this Software. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material.

6. LIMITED WARRANTY
NO WARRANTIES.
The Author of this Software expressly disclaims any warranty for the SOFTWARE. The SOFTWARE and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE remains with you.
NO LIABILITY FOR DAMAGES.
In no event shall the author of this Software be liable for any special, consequential, incidental or indirect 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 of or inability to use this product, even if the Author of this Software is aware of the possibility of such damages and known defects.