Lost Marble
End User License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.
1. License. The software accompanying this License (the "LM Software") is licensed, not sold, to you by Lost Marble ("LM"). LM retains title to the LM Software. The LM Software accompanying this License and any copies which this License authorizes you to make are subject to this License. This License covers LM Software labeled as "Demo" ("Demo Software") or not labeled as such ("Commercial"). This License covers the single user version ("Single User") and multiple users upgrade ("Multiple Users Upgrade") of the LM Software. No other class of LM Software nor other class of license to LM Software is covered by this License.
2. Permitted Uses and Restrictions. Installation and use of the "Commercial" class of LM Software ("LM Commercial Software") is restricted by the license class you have purchased. If you have purchased the "Single User" version, you may install and use the LM Commercial Software on at most one computer at a time. If you have purchased a Multiple Users Upgrade, you may install and use the LM Commercial Software on as many computers indicated by the Multiple Users Upgrade. You may have received a serial number ("Serial Number") with the LM Commercial Software. You may not publish or otherwise make known the Serial Number to other parties.
You may install and use the "Demo" class of LM Software ("LM Demo Software") on any number of computers belonging to you or your organization. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the LM Software in whole or part. Your rights under this License will terminate automatically without notice from LM if you fail to comply with any term(s) of this License.
3. Redistribution. UNDER NO CIRCUMSTANCES SHALL YOU REDISTRIBUTE LM COMMERCIAL SOFTWARE OR LM DEMO SOFTWARE WITHOUT EXPRESS PRIOR WRITTEN CONSENT OF LM.
4. Support. E-mail and web-based support is provided only to the original licensees of LM Commercial Software. In the case where licensee is not a person, e-mail and web-based support will be provided to one contact person designated by licensee.
5. Disclaimer Of Warranty. Some of the LM Software may be designated as alpha, beta, development, pre-release, untested, or not fully tested versions of the LM Software. Such LM Software may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the LM Software, including LM Software designated as "release" quality, is at your sole risk. The LM Software is provided "AS IS" and without warranty of any kind and LM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LM SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE LM SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LM SOFTWARE WILL BE CORRECTED. FURTHERMORE, LM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE LM SOFTWARE OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LM OR AN LM AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE LM SOFTWARE PROVE DEFECTIVE, YOU (AND NOT LM OR AN LM AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE LICENSE FEES FOR THE LM SOFTWARE REFLECT THIS ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation Of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL LM BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE LM SOFTWARE, EVEN IF LM OR AN LM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall LM's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid for this License.
7. Export Law Assurances. You agree that the LM Software will not be exported outside the United States except as authorized by United States law. You also agree that LM Software that has been rightfully obtained outside of the United States shall not be re-exported except as authorized by the laws of the United States and of the jurisdiction in which the LM Software was obtained.
8. Government End Users. If the LM Software is supplied to the Department of Defense ("DoD") of the United States Government, the LM Software is classified as "Commercial Computer Software" and the DoD only acquires "restricted rights" as defined in Clause 252.227-7013(c)(1) of DFARS. If the LM Software is supplied to any other unit of the United States Government, the Government's rights are as defined in Clause 52.227-19(c)(2) of FAR or, in the case of NASA, as defined in Clause 18-52.227-86(d) of the NASA Supplement to the FAR.
9. Controlling Law and Severability. This License shall be governed by the laws of the United States and the State of Arizona. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
10. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the LM Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by LM.