This is a legally binding agreement between you and Mach5 Development, LLC ("Mach5"). By installing and/or using this software, you are agreeing to become bound by the terms of this agreement.
If you do not agree to the terms of this agreement, do not use this software. Because the software is distributed as a fully-functional trial version, simply delete it. If you've already purchased the software, you may request a refund as long as you agree to destroy all copies of the software you have made.
Grant of License. Mach5 grants to you a non-exclusive right to use this software program (hereinafter the "Software") in accordance with the terms contained in this Agreement. You may use the Software on a single computer. If you have purchased a site license, you may use the Software on the number of computers defined by and in accordance with the site license.
Upgrades. If you acquired this software as an upgrade of a previous version, this Agreement replaces and supercedes any prior Agreements. You may not continue to use any prior versions of the Software, and nor may you distribute prior versions to other parties.
Ownership of Software. Mach5 retains the copyright, title, and ownership of the Software and the written materials.
Copies. You may make as many copies of the software as you wish, as long as you guarantee that the software can only be used on one computer in any one instance. You may not distribute copies of the Software or accompanying written materials to others.
Transfers. You may transfer the Software to another person provided that you notify Mach5 of the transfer and the person to whom you transfer the Software agrees to be bound by this Agreement. You may also transfer the Software from one of your computers to another. Upon a transfer, you must remove all copies of the Softare from the computer from which it was transferred. Upon a transfer to a third party you must remove the software from your computer. In no event may you transfer, assign, rent, lease, sell, or otherwise dispose of the Software on a temporary basis.
Termination. This Agreement is effective until terminated. This Agreement will terminate automatically without notice from Mach5 if you fail to comply with any provision of this Agreement. Upon termination you sahll destroy the written materials and all copies of the Software, including modified copies, if any.
Disclaimer of Warranty. Mach5 disclaims all other warranties, express or implied, including, but not limted to, any implied warranties of merchantability, fitness for a particular purpose and noninfringement.
Other Warranties Excluded. Mach5 shall not be liable for any direct, indirect, consequential, exemplary, punitive or incidental damages arising from any cause even if Mach5 has been advised of the possibility of such damages. Certain jurisdictions do not permit the limitation or exclusion of incidental damages, so this limitation may not apply to you.
In no event will Mach5 be liable for any amount greater than what you actually paid for the Software. Should any other warranties be found to exist, such warranties shall be limited in duration to ninety (90) days following the date you install the Software.
Export Laws. You agree that you will not export the Software or documentation except in compliance with the laws and regulations of the United States.
US Government Restricted Rights. The Software and any accompanying materials are provided with Restricted Rights. Use, duplication or disclosure by the 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. Contractor / manufacturer is Mach5 Development, LLC, in the state of Tennessee.
General. This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee and the Federal Arbitration Act and shall benefit Mach5, its successors and assigns. Any claim or disupte between you and Mach5 or against any agent, employee, successor or assign of Mach5 related to this Agreement or the Software shall be resolved by binding arbitration in Chattanooga, TN by and under the rules of the American Arbitration Association. Any award of the arbitrator(s) may be entered as a judgement in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.