Magic
Fingers Hot Key Launcher ® (MFingers) Version 1.1
Copyright
2010 © MicroMighty, Inc. All rights reserved.
YOUR
AGREEMENT TO THIS LICENSE
You
should carefully read the following terms and conditions before using,
installing or distributing this software.
Unless you have a different license agreement signed by MicroMighty,
Inc., your use, distribution, or installation of MFingers indicates your
acceptance of this agreement ("License").
If you
do not agree to all of the terms and conditions of this License, then: do not
copy, install, distribute or use any copy of MFingers with which this License
is included.
The
terms and conditions of this License describe the permitted use and user(s) of
each Licensed Copy of MFingers. For
purposes of this License, if you have a valid single-copy license, you have the
right to use a single "Licensed Copy" of MFingers; if you or your
organization has a valid multi-user license, then you or your organization
have/has the right to use up to a number of "Licensed Copies" of MFingers
equal to the number of copies indicated in the documents issued by MicroMighty,
Inc. when granting the license.
MicroMighty,
Inc. reserves its basic right to permanently cancel without any warnings
neither refund a license that is suspected of being used illegitimately or
exceeds the limit of workstations allowed simultaneously.
SCOPE
OF LICENSE
(Personal
version):
Each
Licensed Copy of MFingers may either be used by a single person who uses the
software personally on one or more computers, or installed on a single
workstation used non-simultaneously by multiple people.
(Commercial
version):
A
Licensed Copies of MFingers may be installed on a limited number of
workstations used by the organization as agreed explicitly and signed with MicroMighty,
Inc..
Each
Licensed Copy of MFingers includes copyrighted software, proprietary notices,
and identifying information. You may not alter or modify the Software, nor
permit anyone else to do so.
All
rights of any kind in MFingers which are not expressly granted in this License
are entirely and exclusively reserved to and by MicroMighty, Inc.. You may not
rent, lease, modify, translate, reverse, engineer, decompile, disassemble, or
create derivative works based on, MFingers, nor permit anyone else to do so.
You may not make access to MFingers available to others in connection with a
service bureau, application service provider, or similar business, nor permit
anyone else to do so.
WARRANTY
DISCLAIMERS AND LIABILITY LIMITATIONS
MFingers,
AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE
DISTRIBUTED AND PROVIDED "AS IS" AND WITH NO WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED. You acknowledge that good data processing procedure
dictates that any program, including MFingers, must be thoroughly tested with
non-critical data before there is any reliance on it, and you hereby assume the
entire risk of all use of the copies of MFingers covered by this License.
THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. IN NO
EVENT SHALL MicroMighty, Inc., OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS,
EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
WHATSOEVER RELATING TO THE USE OF MFingers, OR TO YOUR RELATIONSHIP WITH
MicroMighty, Inc..
IN
ADDITION, IN NO EVENT DOES MicroMighty, Inc. AUTHORIZE YOU OR ANYONE ELSE TO
USE MFingers IN APPLICATIONS OR SYSTEMS WHERE MFingers'S FAILURE TO PERFORM CAN
REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR IN LOSS
OF LIFE. ANY SUCH USE IS ENTIRELY AT
YOUR OWN RISK, AND YOU AGREE TO HOLD MicroMighty, Inc. HARMLESS FROM ANY AND
ALL CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.
GENERAL
This
License is the complete statement of the agreement between the parties on the
subject matter, and merges and supersedes all other or prior understandings,
purchase orders, agreements and arrangements.
This License shall be governed by the laws of the State of California.
Exclusive jurisdiction and venue for all matters relating to this License shall
be in courts located in Las Vegas, and you consent to such jurisdiction and
venue. There are no third party beneficiaries of any promises, obligations or
representations made by MicroMighty, Inc. herein.
Any waiver by MicroMighty, Inc. of any violation of this License by you shall not constitute, nor contribute to, a waiver by MicroMighty, Inc. of any other or future violation of the same provision, or any other provision, of this License.