*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using MWF Calculator 1.0 ("Software") containing this software, you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Motivation With Flavor your use of MWF Calculator 1.0 indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Motivation With Flavor grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use MWF Calculator 1.0 in accordance with this Agreement and any other written agreement with Motivation With Flavor. Motivation With Flavor does not transfer the title of MWF Calculator 1.0 to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Motivation With Flavor and the purchasers or users of MWF Calculator 1.0.
If you do not agree to be bound by this agreement, remove MWF Calculator 1.0 from your device now and, if applicable, promptly return to Motivation With Flavor by mail any copies of MWF Calculator 1.0 and related documentation and packaging in your possession.
MWF Calculator 1.0 and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of MWF Calculator 1.0 contact Motivation With Flavor.
Your license to use MWF Calculator 1.0 is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of MWF Calculator 1.0.
You shall use MWF Calculator 1.0 in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of MWF Calculator 1.0 together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of MWF Calculator 1.0 may be used on one single device location by one user. Use of MWF Calculator 1.0 means that you have loaded, installed, or run MWF Calculator 1.0 on a device. If you install MWF Calculator 1.0 onto a multi-user platform, server or network, each and every individual user of MWF Calculator 1.0 must be licensed separately.
You may make one copy of MWF Calculator 1.0 for backup purposes, providing you only have one copy installed on one device being used by one person. Other users may not use your copy of MWF Calculator 1.0 . The assignment, sublicense, networking, sale, or distribution of copies of MWF Calculator 1.0 are strictly forbidden without the prior written consent of Motivation With Flavor. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of MWF Calculator 1.0. If any person other than yourself uses MWF Calculator 1.0 registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile MWF Calculator 1.0. Nor can you create any derivative works or other works that are based upon or derived from MWF Calculator 1.0 in whole or in part.
Motivation With Flavor's name, logo and graphics file that represents MWF Calculator 1.0 shall not be used in any way to promote products developed with MWF Calculator 1.0 . Motivation With Flavor retains sole and exclusive ownership of all right, title and interest in and to MWF Calculator 1.0 and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of MWF Calculator 1.0, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Motivation With Flavor.
You will indemnify, hold harmless, and defend Motivation With Flavor , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Motivation With Flavor's Software.
In no event (including, without limitation, in the event of negligence) will Motivation With Flavor , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, MWF Calculator 1.0 or the use or inability to use MWF Calculator 1.0 or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Motivation With Flavor's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Motivation With Flavor) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Motivation With Flavor.
Except as expressly stated in writing, Motivation With Flavor makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of MWF Calculator 1.0 and destroy all copies of MWF Calculator 1.0 supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
The use of MWF Calculator is voluntary and is at will, Motivation with Flavor reserves the right to Ban any user with or without notice even with an Active Membership.
Motivation With Flavor reserves the right to change or discontinue any content, products and services made available through the site at any time and without any notice to you.
Any violation of any provision hereof, any incomplete or mistaken performance any failure to perform any covenants provided hereunder by any Party shall constitute a breach of this Agreement. The breaching Party shall be liable for any such breach pursuant to the applicable laws.
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY MWF Calculator 1.0 AS WELL.
You agree that Motivation With Flavor may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to MWF Calculator 1.0. Motivation With Flavor may also use this information to provide notices to you which may be of use or interest to you.