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LICENSE AGREEMENT
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MAINSTAY LICENSE AGREEMENT -- JustEdit
IMPORTANT: The enclosed program is licensed by Mainstay to customers for their use only according to the terms and conditions set forth below. Use of this product indicates acceptance of these terms. If you do not agree to the terms of this license, do not use this product and promptly return it to the place where you obtained it for a full refund.
LICENSE Mainstay agrees to license, not sell you, the JustEdit computer software Program for use only under the terms of this license, and Mainstay reserves any rights not expressly granted to you. This is a nonexclusive license to use the enclosed computer software Program and is subject to all the terms and conditions of this license agreement. You own the media (i.e., hard disk(s) or CD ROM) on which the Program is recorded or fixed, but Mainstay and its licensors retain the ownership of the Program itself.
COPYRIGHT The JustEdit Program and User Guide are copyrighted. You may not copy or otherwise reproduce the Program or User Guide except for personal archival copies or as indicated below in the Restrictions on Use and Transfer.
RESTRICTIONS on USE and TRANSFER You may use one copy of the Program for a single Web site at a time. To "use" the Program means that the Program is either loaded in the temporary memory (i.e., RAM) of a computer acting as a server for a single Web site or installed on the permanent memory of a computer (i.e., hard disk, CD ROM, etc.) acting as a server for a single Web site. This is a single user license where only you, the purchaser, may access the Program using a web browser. You may permanently transfer all your rights under this License to another party provided that the original licensee has registered the license with Mainstay; the entire contents of the package including disk, manual, archival copies, and packaging, if any, are included; and the original licensee informs Mainstay of the transfer in writing within 30 days of the transfer.
NO PERFORMANCE WARRANTY MAINSTAY MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE ENCLOSED COMPUTER SOFTWARE PACKAGE, ITS MERCHANTABILITY, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME STATES. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY PROVIDES YOU WITH SPECIFIC LEGAL RIGHTS. THERE MAY BE OTHER RIGHTS THAT YOU MAY HAVE WHICH VARY FROM STATE TO STATE. The entire risk as to the results and performance of the program is assumed by you. Should the program prove defective, you and not Mainstay (or its dealer) shall assume the entire cost of all necessary service, repair or correction.
LIMITATION OF LIABILITY Neither Mainstay nor anyone else who has been involved in the creation, production, or distribution of this Program shall be liable for any direct, incidental, or consequential damages, such as, but not limited to, loss of anticipated profits or benefits, resulting from the use of the Program or as the result of a breach of warranty. Some states do not allow the exclusion or limitation of direct, incidental, or consequential damages, so the above limitation may not apply to you.
TERM This license is effective until terminated. You may terminate it at any time by destroying the Program and any related paper documents, together with all copies, modifications, and merged portions in any form. The license also terminates if you fail to comply with any term or condition of this license agreement. You agree upon such termination to destroy the Program with all copies, modifications, and merged portions in any form. Your use of this Program indicates that you have read this customer license agreement and agree to its terms. You further agree that the license agreement is the complete and sole statement of the agreement between you and Mainstay and supersedes any oral or written proposal or prior agreement and any other communication between you and Mainstay concerning the subject of this agreement.
EXPORT LAW ASSURANCES You agree that neither the Program nor any direct product thereof is being or will be shipped, transferred or reexported directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder or will be used for any purpose prohibited by the Act.
US GOVERNMENT RIGHTS This software qualifies for commercial computer software for purposes of FAR 52.227-19 and DFARS 252.227-7013. Accordingly, if the Program is acquired by a civilian government agency, it is furnished with only the minimum Restricted Rights provided by FAR 52.227-19. If the software is acquired by a military agency, it is furnished with only the minimum Restricted Rights provided by DFARS 252.227-7013(c)(1)(ii). Manufacturer is Mainstay/591-A Constitution Avenue/Camarillo, CA 93012.
SUPPORT POLICY Mainstay intends to provide quality support to bona fide licensees who respect our license agreement. Support, however, will not be provided unless we receive the completed product registration card.