END USER LICENSE AGREEMENT FOR MACHINE MANUAL SERVICES
SOFTWARE
IMPORTANT - PLEASE READ THE FOLLOWING CAREFULLY BEFORE
CONTINUING or "Submit" BELOW: You are installing the Machine Manuals™
software. This license agreement ("License Agreement") is a legal
agreement between you (either an individual or entity) and Machine Manual
Services “Machine Manuals™ “for the software and any associated materials
or documentation Machine Manuals™. YOU UNDERSTAND THAT THIS IS SECURITY
SOFTWARE THAT PERMITS DIGITAL INFORMATION TO BE PROTECTED AND USE TO OCCUR ONLY
AS PERMITTED BY PROVIDER RULES. AS SUCH, CERTAIN SPECIAL CONSIDERATIONS APPLY.
By "Submitting or continuing below, or by running, installing, or otherwise
using the Machine Manuals™ Software, you acknowledge that you have read and
understood this License Agreement and agree to be bound by its terms and
conditions. If you do not agree to these terms and conditions, do not "Submit"
and do not purchase or use the Machine Manuals™ Software.
SOFTWARE PRODUCT LICENSE
United States copyright laws and international copyright
treaties, trademark laws, and other intellectual property laws and treaties
protect the SOFTWARE PRODUCT. Machine
Manual Service™ retains copyright to the SOFTWARE PRODUCT.
The term "COMPUTER" as used herein shall mean the HARDWARE, if
the HARDWARE is a single computer system, or shall mean the computer system with
which the HARDWARE operates, if the HARDWARE is a computer system component.
The term "WEB SITE" as used herein shall mean the computer or
hardware that stores the source of the directory file structure of a single
numeric IP address space, which is recorded under a single domain name in the
Internet's domain name system.
1. GRANT OF
LICENSE. This EUA grants you the following rights:
(a) Software Installation and Use.
Machine Manual
Service™ hereby grants you a single, non-exclusive, non-transferable license
to use one copy of the SOFTWARE PRODUCT in accordance with the terms and
conditions of the EUA. Any rights
not expressly granted are reserved. This
license authorizes you to use a single copy of the SOFTWARE PRODUCT.
(b) Source Code Usage
This license prohibits selling, licensing, giving away, or
otherwise distributing the source code for any of the PDF, jpeg, jpg, script,
gif, etc. etc. etc. contained in this SOFTWARE PRODUCT, either in full or any
subpart thereof. Nor may you use
this source code, in full or any subpart thereof, as part of another program
that you either sell, license, give away, or otherwise distribute via any
method. You may modify the source
code to customize the "look and feel" of the SOFTWARE PRODUCT for your
personal usage only.
(c) Co-branding and ASP Hosting Prohibited.
Except as provided for by any "affiliate"
functionality built into the SOFTWARE PRODUCT, the SOFTWARE PRODUCT may not be
co-branded or otherwise extended to any other web site.
You are prohibited from allowing access to features of the SOFTWARE
PRODUCT such that the SOFTWARE PRODUCT appears to reside on servers or be part
of a web site in any way other than the computer or hardware for which the
license to use the SOFTWARE PRODUCT has been granted.
The prohibited conduct includes but is not limited to using the SOFTWARE
PRODUCT. Such usage is expressly prohibited under this EUA.
If you are interested in such usage of this program, you must contact
Machine Manual Service™ to make arrangements for obtaining a license for this
type of usage. Machine Manual
Service™ shall have no obligation to grant you a license for such usage.
(d) You may not otherwise make copies of the SOFTWARE
PRODUCT, including the printed materials accompanying the SOFTWARE.
2. DESCRIPTION
OF OTHER RIGHTS AND LIMITATIONS.
(a) Separation of Components.
The SOFTWARE PRODUCT is licensed as a single product. Its
component parts may not be separated for use on more than one computer or
hardware.
(b) Rental.
You may not rent, lease or lend the SOFTWARE PRODUCT.
(c) Software Product Transfer.
You may not assign all or any part of your rights or
obligations under this EUA without the prior written consent of Machine Manual
Service™, and any attempt to the contrary will be void and a material breach
of this EUA. Machine Manual Service™
may withhold such consent in its sole discretion.
A transfer of this EUA will terminate any right to your continued
possession or use of the SOFTWARE PRODUCT and you must promptly destroy all
remaining copies of the SOFTWARE PRODUCT in your possession or under your
control. No transfer shall be
allowed unless the recipient agrees to the terms of this EUA.
(d) Termination.
This EUA shall continue in full force and effect in
perpetuity unless terminated earlier in accordance with this or another section
of this EUA. This EUA will terminate automatically if you breach any provision
of it. In such event, you must
destroy all copies of the SOFTWARE PRODUCT and all of its component parts and
cease all further use of it. You
agree that Machine Manual Service™ shall have the sole discretion of
determining whether you are in material breach of this agreement.
You further agree that Machine Manual Service™ has the right to use any
and all means necessary to enforce its rights if you are in material breach of
this agreement, including but not limited to the right to repossess the software
and disabling it, and that termination will not entitle you to a refund of the
purchase price or any other amounts paid under any circumstances whatsoever.
Termination will have no effect on your obligation to safeguard and
protect proprietary rights of Machine Manual Service™, disclaimers and
warranties, export restrictions, the Conflict of Law Provisions, the
Nondisclosure Agreement, the Enforcement Costs section, the Copyright
Infringement section, or the Refund Policy.
(e) Trademarks.
This EUA does not grant you any rights in connection with
any trademarks or service marks of this product or of Machine Manual Service™.
Machine Manual Service™ is the trademark of .
You are prohibited from removing the trademark or trademark logo,
"Machine Manual Service™", by modifying the source code of the
SOFTWARE PRODUCT in any manner.
(f) Copyright Notice.
Unless you have purchased a waiver from Machine Manual
Service™, you are prohibited from removing the "Machine Manual Service™"
logo and the link to the Machine Manual Service™ web site from the software.
Under all circumstances, including purchase of the waiver for the logo
requirement above, you are prohibited from removing any of the copyright notices
from the software, whether contained in the program code or within the HTML
pages that the program generates. You
are specifically prohibited from altering or removing any of the copyright
notices contained within the HTML pages generated by the program, including any
"Powered by" notices, such that they are no longer visible to the
human eye in normal usage on web pages generated by the software (e.g., using a
white font for the copyright notice on a white background).
Removal or alteration of said copyright notices by User such that they
are no longer visible to the human eye in normal usage on pages generated by the
software should constitute a material breach of this EUA.
You agree that if you remove the "Powered by Machine Manual Service™"
logo or copyright notice in violation of this section, Machine Manual Service™
shall have the option of assessing a monetary penalty against you for such
violation in lieu of terminating your license to use the SOFTWARE PRODUCT.
Exercise of this option by Machine Manual Service™ shall in no way
authorize you to continue such violation or limit the right of Machine Manual
Service™ to terminate your license for subsequent violations.
(g) Nondisclosure Agreement.
As additional consideration for the license granted to you
under this EUA, and due to the proprietary and confidential nature of the
SOFTWARE PRODUCT and the valuable trade secrets of Machine Manual Service
Software contained therein, you specifically agree not to disclose or divulge
any information whatsoever about the SOFTWARE PRODUCT or the related business
practices of Machine Manual Service Software, or to post or print any reviews,
ratings, comments, articles or other information of any kind about the SOFTWARE
PRODUCT or the related business practices of Machine Manual Service Software on
or within any web sites, newsgroups, chat rooms, e-mail messages, newsletters,
newspapers, magazines, or any other media of any kind, whether printed,
electronic, or other formats either now known or hereafter developed, or to
cause or direct any other individual, company, organization, or other entity to
undertake the activities outlined above, without the prior express written
consent of Machine Manual Service Software, if such reviews or comments are
intended to slander Machine Manual Service Software or to harm its reputation
for failure to accede to demands or requests by you that are outside the scope
of the legal rights and obligations of the parties under this license agreement.
You further stipulate that in the event that you (or any other
individual, company, organization, or other entity that you cause or direct to
engage in the activities outlined above) post any such reviews, ratings,
comments, articles, or other information about the SOFTWARE PRODUCT or the
related business practices of Machine Manual Service Software that are, in the
sole judgment of Machine Manual Service Software, intended to slander Machine
Manual Service Software or to harm its reputation for failure to accede to
demands or requests by you that are outside the scope of the legal rights and
obligations of the parties under this license agreement, you shall automatically
be liable to Machine Manual Service Software in the amount of $25,000 (U.S.
Dollars) per incident, and that you shall pay Machine Manual Service Software
$10,000 per day for each additional day that the review, rating, comment,
article, or other communication remains displayed in any electronic, print, or
other medium. The parties
understand that these amounts are intended to compensate Machine Manual Service
Software for its damages and thus constitute a remedy and not a penalty.
In the event that you violate this section, you hereby agree to waive all
rights to any judicial appeal of this section and this determination, and you
hereby stipulate that a court of competent jurisdiction shall enter judgment
against you in the relevant amounts as determined above.
You further acknowledge and agree that this section shall in no way
infringe upon the rights of Machine Manual Service Software to pursue other
legal remedies against you or to collect other damages for additional causes of
action, including but not limited to libel, defamation, tortuous interference
with business, fraud, theft, copyright infringement, trademark infringement, or
other legal causes of action, and that this section shall be applicable and
enforceable regardless of whether Machine Manual Service Software pursues any
other such legal remedies, and regardless of the outcome of any such actions.
(h) Enforcement Costs.
In the event that you breach any provision of this EUA,
including but not limited to the sections regarding Termination, Copyright
Infringement, the Copyright Notice, the Nondisclosure Agreement, and the Refund
Policy, you agree that you shall reimburse Machine Manual Service™ for all
expenses related to the enforcement by Machine Manual Service™ of its legal
rights under this agreement, including but not limited to its attorneys' fees,
court costs, administrative fees, and all other costs, fees, and expenses
incurred by Machine Manual Service™ that are associated with enforcing its
legal rights under this Agreement.
(i) Copyright Infringement.
For the purposes of this EUA, copyright infringement
includes the acts of selling, licensing, giving away, or otherwise distributing
all or any part of the source code contained in this SOFTWARE PRODUCT, or using
all or any part of the source code to create derivative works.
Copyright infringement for purposes of this EUA shall also include using
all or any part of the source code of the SOFTWARE PRODUCT as part of another
program that you or any subsequent party either sells, licenses, gives away, or
otherwise distributes via any method. Copyright
infringement under this EUA shall also include the act of appropriating any of
the concepts, techniques, programming methods, or algorithms contained in the
source code for the SOFTWARE PRODUCT if the infringing party viewed or otherwise
had access to the source code in any way, even if the source code of the
infringing product has been modified or obfuscated so as to appear different
from the source code of the SOFTWARE PRODUCT.
Access to the source code of the SOFTWARE PRODUCT by the infringing party
shall constitute proof of copyright infringement under this EUA if any of the
other conditions above have been satisfied.
In the event that you, or any third party or subsequent
entity as defined in subsection (i) above (hereinafter, the "infringing
party"), unlawfully infringes upon the copyright, ownership, or other
intellectual property rights of Machine Manual Service™ in the SOFTWARE
PRODUCT, the infringing party hereby agrees that it shall automatically be
liable to Machine Manual Service™ in the amount of $100,000 (U.S. Dollars) per
incident, and that the infringing party shall pay Machine Manual Service™
$25,000 per day for each additional day that the copyright infringement
continues after having received notice of such infringement from Machine Manual
Service™. The parties understand
that these amounts are intended to compensate Machine Manual Service™ for its
damages and thus constitute a remedy and not a penalty.
The infringing party shall also be liable to Machine Manual Service™
for all enforcement costs as defined in section 2(h) above.
Any such copies, customizations, modifications, or revisions of the
source code of the SOFTWARE PRODUCT by the infringing party, as well as any
other programs that contain any such copies, customizations, modifications, or
revisions of the source code of the SOFTWARE PRODUCT, shall immediately become
the intellectual property of Machine Manual Service™.
In the event that this section is violated, the infringing party hereby
agrees to waive all rights to any judicial appeal of this section and this
determination, and such party hereby stipulates that a court of competent
jurisdiction shall enter judgment against such party in the relevant amounts as
determined above. The infringing
party further acknowledges and agrees that this section shall in no way limit
the rights of Machine Manual Service™ to pursue other legal remedies against
the infringing party or to collect other damages for additional causes of
action, including but not limited to libel, defamation, tortuous interference
with business, fraud, theft, copyright infringement, trademark infringement, or
other legal causes of action, and that this section shall be applicable and
enforceable regardless of whether Machine Manual Service™ pursues any other
such legal remedies, and regardless of the outcome of any such actions.
(l) Amendments.
You agree that, in order to maintain your ongoing license
to use the SOFTWARE PRODUCT, Machine Manual Service™ shall have the right to
post reasonable amendments to this EUA online from time to time at its web
sites, and that you shall be bound by such amendments.
Such amendments must be designed to protect the intellectual property
rights of Machine Manual Service™ in the SOFTWARE PRODUCT and may not impose
additional or ongoing fees for using the SOFTWARE PRODUCT other than those that
you agreed to or that were in effect at the time that you licensed the SOFTWARE
PRODUCT. You agree that it shall be
your responsibility to monitor the license agreement posted online and ensure
ongoing compliance with its terms. If
you disagree with any amendments posted under this section, your sole recourse
shall be to terminate this license and your usage of the SOFTWARE PRODUCT,
subject to the terms of the Termination clause in section 2(d) above.
(m) Indemnity.
You agree to indemnify Machine Manual Service™ and to
hold it harmless against all losses sustained by any third parties as a result
of the terms of this EUA, including but not limited to the right of Machine
Manual Service™ to terminate this license under the provisions of section 2(d)
above. You agree that You, and not
Machine Manual Service™, shall be responsible for reimbursing all third
parties against any such losses. Such
third parties may include your customers, your business partners, or any other
party that is harmed in any way during the course of Machine Manual Service
enforcement of its rights under this EUA.
(n) Marketing.
Unless you submit to Machine Manual Service™ a signed and
written request that your company is to be used for marketing purposes, you
hereby grant to Machine Manual Service™ the right to mention your company
and/or your web site as a customer site in its marketing materials, such as on
Machine Manual Service™ web sites, in product brochures, or in other media.
Such usage may include listing your web site, linking to your web site,
and/or displaying your company's logo as part of such listings or links.
3. UPGRADES.
If the SOFTWARE PRODUCT is an upgrade of a component of a
package of software programs that you were granted a license for as a single
product, the SOFTWARE PRODUCT may be used and transferred only as part of that
single product package and may not be separated for use on more than one
computer. You may use a single copy
of the complete, upgraded SOFTWARE PRODUCT on a single server for usage on a
single web site. You may not
continue to use the original SOFTWARE PRODUCT if you accept and use the upgraded
SOFTWARE PRODUCT.
Machine Manual Service™ does not warrant or guarantee any
upgrades to the SOFTWARE PRODUCT whatsoever.
Machine Manual Service™ may provide upgrades for the SOFTWARE PRODUCT
at its option, but the User hereby acknowledges and agrees that this license
does not require Machine Manual Service™ to provide any upgrades whatsoever,
which are provided solely at the discretion of Machine Manual Service™.
User agrees to pay any applicable upgrade fees as a condition of
accepting any upgraded products offered by Machine Manual Service™.
User further acknowledges and agrees that by accepting any offers from
Machine Manual Service™ of upgraded products, the User is hereby accepting all
terms of the End User Agreement that shall accompany such products.
Acceptance by User of the End User Agreement for the upgraded products,
including any modifications thereto, is an essential condition of Machine Manual
Service™ offer to User of such products.
4. COPYRIGHT.
(a) Ownership.
Except as noted below, all title and intellectual property
rights in and to the SOFTWARE PRODUCT (including but not limited to any source
code, images, photographs, animations, video, audio, music, text and
"applets," incorporated into the SOFTWARE PRODUCT), the accompanying
printed materials, and any copies of the SOFTWARE PRODUCT, are owned by Machine
Manual Service™. You may not copy the printed materials accompanying the
SOFTWARE PRODUCT. Any
customization, translation, modification, or revision of the source code of the
SOFTWARE PRODUCT by you immediately becomes the intellectual property of Machine
Manual Service™. The creation of
derivative works based on or through the use of the source code of the SOFTWARE
PRODUCT is prohibited. All title
and intellectual property rights in and to the content that may be accessed
through use of the SOFTWARE PRODUCT is the property of the respective content
owner. This EUA grants you no rights to use such content. All rights not
expressly granted under this EUA are reserved by Machine Manual Service™.
(b) Your Responsibilities.
You agree to use due diligence to safeguard and protect the
SOFTWARE PRODUCT and all source code as the valuable trade secret and exclusive
property of Machine Manual Service™. You will at all times use due diligence
to safeguard and protect all such confidential and proprietary information
pertaining to the SOFTWARE PRODUCT. You will ensure that all marks, notices or
legends pertaining to the origin, identity or ownership of the SOFTWARE PRODUCT
remain intact and clearly legible. You
specifically agree to indemnify Machine Manual Service™ for all losses that it
may incur due to the theft of all or any part of the source code of the SOFTWARE
PRODUCT while in your possession.
5. DUAL-MEDIA
SOFTWARE PRODUCT.
You may receive the SOFTWARE PRODUCT in more than one
medium. Regardless of the type or size of medium you receive, you may use only
one medium that is appropriate for the COMPUTER. You may not use or install the
other medium on another computer. You may not loan, rent, lease, lend or
otherwise transfer the other medium to another user, except as part of the
permanent transfer (as provided above) of the SOFTWARE PRODUCT.
6. PRODUCT
SUPPORT.
Machine Manual Service™ does not warrant or guarantee any
product support whatsoever. Machine
Manual Service™ may provide support for the SOFTWARE PRODUCT at its option,
but the User hereby acknowledges and agrees that this license does not require
Machine Manual Service™ to provide any support whatsoever, which is provided
solely at the discretion of Machine Manual Service™.
7. PRICE / PAYMENT.
(a) Price.
You agree to pay Machine Manual Service™ the applicable
fee determined by reference to Machine Manual Service™ published prices at the
time the SOFTWARE PRODUCT was ordered. Payment of the license fee entitles you
to use the licensed program in accordance with this EUA during the stated term.
If the license fee is based on usage, then you will maintain any necessary usage
records for calculating fees according to the documentation.
(b) Payment.
Unless otherwise stated on Machine Manual Service™
invoice, the applicable fees and shipping charges are payable by you promptly
upon delivery. You will pay all sales, use, value-added, GST, personal property
or other governmental tax or levy associated with this transaction (including
interest and penalties imposed thereon) other than taxes based on the net income
or profits of Machine Manual Service™. You
also agree to pay any applicable fees for installation, customization, or other
product support. If you fail to pay
any amount when due, your license to use the SOFTWARE PRODUCT will automatically
terminate and you will pay all costs of enforcement, including reasonable legal
fees.
8. EXPORT RESTRICTIONS.
You agree that you will not export or re-export the
SOFTWARE PRODUCT to any country, person, or entity subject to U.S. export
restrictions. You specifically agree not to export or re-export the SOFTWARE
PRODUCT: (i) to any country to which the U.S. has embargoed or restricted the
export of goods or services, which as of March 1998 include, but are not
necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or
to any national of any such country, wherever located, who intends to transmit
or transport the products back to such country; (ii) to any person or entity who
you know or have reason to know will utilize the SOFTWARE PRODUCT or portion
thereof in the design, development or production of nuclear, chemical or
biological weapons; or (iii) to any person or entity who has been prohibited
from participating in U.S. export transactions by any federal agency of the U.S.
government.
9. CONFLICT OF LAW PROVISIONS
The laws of the county of Wright, Missouri, U.S.A, govern
this End User Agreement and Warranty. As
additional consideration for the license granted to you in this EUA, you agree
that all disputes regarding this contract shall be governed solely and
exclusively by the laws of the county of Wright, Missouri, U.S.A., and that the
agreement shall be deemed to have been made in the county of Wright, Missouri.
You further agree that any action relating to the terms and provisions of this
EUA shall be commenced in the county of Wright, Missouri in any court of
competent jurisdiction. You further
agree that any proceeding instituted by either party, whether as a Claim,
Counterclaim or otherwise, shall be resolved solely by a Judge of any county of
Wright, Missouri court of competent jurisdiction and that you agree to waive any
claims or rights under the laws of your state or country of domicile, or under
the laws of any other state or country other than the county of Wright,
Missouri. In addition, by licensing the SOFTWARE PRODUCT under this EUA, you
represent and warrant that you are legally authorized to and hereby do waive all
claims to legal rights or protections under the laws of your state or country of
domicile, or the laws of any other state or country other than the county of
Wright, Missouri, including but not limited to any applicable "consumer
protection" laws, and to subject yourself under this EUA to the laws of the
county of Wright, Missouri. Since
this representation on your part is an essential element of the consideration
necessary for Machine Manual Service™ to license the SOFTWARE PRODUCT to you,
should this representation prove to be incorrect, you hereby agree to reimburse
Machine Manual Service™ for $25,000 (U.S. Dollars), plus all losses incurred
by Machine Manual Service™ as a result of this misrepresentation and for all
expenses related to the enforcement by Machine Manual Service™ of its legal
rights under this agreement, including but not limited to its attorneys' fees,
court costs, administrative fees, and all other costs, fees, and expenses
incurred by Machine Manual Service™
This representation on your part, and the contractual
provisions governing your breach of this representation, are basic contract
provisions that are valid and enforceable under international treaties governing
the law of contracts, as well as other laws and treaties.
DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE LICENSED TO
YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED
OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
does not warrant that the functions of the SOFTWARE PRODUCT will meet
your requirements or that operation of the SOFTWARE PRODUCT will be
uninterrupted or error free. You assume all responsibility for selecting the
SOFTWARE PRODUCT to achieve your intended results, and for the use and results
obtained from the SOFTWARE PRODUCT. is
not responsible if the SOFTWARE PRODUCT does not operate on your computer, nor
is responsible for making the
SOFTWARE PRODUCT operational. Should the Program prove defective, you and not
Machine Manual Service™ assume the entire risk of using the program and the
entire cost of any service and repair. Failure to install the program is not a
valid reason for requesting a refund of the purchase price.
This disclaimer of warranty constitutes an essential part of this
agreement.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
To the maximum extent permitted by applicable law, in no
event shall Machine Manual Service™ be liable for any damages whatsoever
(including without limitation, special, incidental, consequential, or indirect
damages for personal injury, loss of business profits, business interruption,
loss of business information, or any other pecuniary loss) arising out of the
use of or inability to use this product, even if Machine Manual Service™ has
been advised of the possibility of such damages. In any case, Machine Manual
Service™ entire liability under any provision of this agreement shall be
limited to the amount actually paid by you for the SOFTWARE
REFUND POLICY
THE SOFTWARE PRODUCT AND THE ACCOMPANYING FILES ARE
LICENSED TO YOU "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR
MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED.
BY PURCHASING OR USING THE SOFTWARE PRODUCT, YOU ACKNOWLEDGE AND AGREE
THAT THERE SHALL BE ABSOLUTELY NO REFUNDS FOR ANY REASON WHATSOEVER, INCLUDING
FAILURE TO RUN THE PROGRAM, A CHANGE IN MARKET CONDITIONS, A CHANGE IN BUSINESS
OR WEB SITE STRATEGY, A CLAIM THAT THE PRODUCT DOES NOT SUIT YOUR NEEDS OR IS
NOT WHAT YOU EXPECTED, MODIFICATIONS OF THE SOURCE CODE IMPLEMENTED BY THE USER
THAT ALTER THE FUNCTIONALITY OF THE SOFTWARE PRODUCT OR THAT ARE NOT IN
ACCORDANCE WITH THE DOCUMENTATION ACCOMPANYING THE SOFTWARE PRODUCT, THE
UNAVAILABILITY OF Machine Manual Service™ FOR CUSTOMIZATIONS TO THE SOFTWARE
PRODUCT, OR FOR ANY OTHER REASON.
BY PURCHASING OR USING THE SOFTWARE PRODUCT, YOU
ACKNOWLEDGE THAT YOU HAVE EXERCISED DUE DILIGENCE IN ASCERTAINING THAT THE
SOFTWARE PRODUCT WILL RUN ON YOUR WEB SERVER AND THAT IT WILL MEET YOUR NEEDS.
U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE PRODUCT and documentation are provided with
RESTRICTED RIGHTS. Use,
duplication, or disclosure by the United States Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)
and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR
52.227-19, as applicable. Manufacturer is POB
2 Grovespring, MO 65662
The laws of the county of Wright, Missouri U.S.A, govern
this End User Agreement and Warranty.
This document constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all other communications, whether written or oral. Any provision found by a tribunal of competent jurisdiction to be illegal or unenforceable shall be automatically conformed to the minimum requirements of law and all other provisions shall remain in full force and effect. Waiver of any provision hereof in one instance shall not preclude enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect
10. Intellectual Property
Notices. Copyright (c) 2001-2004 Machine Manual Services. All rights reserved.
One or more of the following patents may cover The Machine Manuals™ Software
and its use: Additional U.S. and foreign patents are pending. Machine Manuals™,
Machine Trader™, Machine Message Boards™, and the Machine Manual Logo are
trademarks in the U.S. and other countries of Machine Manual Services, and are
used by you under license.
11. Machine Manuals Customer Contact. If you have any questions regarding this License Agreement, or if you would like to contact Machine Manuals™, for any other reason, fax (417) 462-3316, DO NOT FAX AFTER 8:00 pm CST. Write to Machine Manual Services, POB 2 Grovespring, MO 65662, or visit our website at www.machinemanuals.net
End User
Agreement
Machine Manual Services