EZ Pinger 1.01.061220

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

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.