Copyright (C) 2003-2004 Method Labs. All rights reserved.
PLEASE CAREFULLY REVIEW THE TERMS AND CONDITIONS IN THIS LEGAL AGREEMENT BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING OR USING THE SOFTWARE, YOU ARE ACCEPTING THE TERMS AND CONDITIONS IN THIS AGREEMENT BETWEEN YOU AND METHOD LABS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST DELETE ALL COPIES OF THE SOFTWARE.
The following definitions shall apply to this Agreement:
"Software" is defined as the ReadySET Pro document templates with which this Agreement is included, and any updates or maintenance releases thereto.
"Licensee", "you", and "your" refer to someone who purchases a license for the Software from Method Labs or any agent, reseller or distributor.
"Developer" means any person who participates in software development, including programmers, designers, analysts, managers, testers, technical writers, technical support engineers, operations engineers, release engineers, database administrators, and other technical or non-technical roles.
"Derived Template" refers to a modified version of a ReadySET Pro template that is intended to be further reused as a template to create Specific Documents.
"Specific Documents" are technical documents created and used during software development to describe a particular software development project.
"License Certificate" is an electronic document indicating the specific identity of the Licensee, the number of Developers that may use the Software, the number of computers that may be used, the duration of the license, and other parameters.
"Use" means the editing of ReadySET Pro templates, Derived Templates, or Specific Documents derived from them.
Method Labs hereby grants to Licensee a non-exclusive, non-transferable license to use the Software, subject to the terms and conditions hereinafter set forth. The Software may be installed and used within the limits indicated in the License Certificate.
Licensee may use the Software to create documents describing specific software development activity conducted by the Licensee. The resulting Specific Documents are the property of the Licensee.
Licensee may modify the Software to create Derived Templates for the sole purpose of later creating Specific Documents.
Licensee may make one backup copy of the Software for use as permitted under this License.
The Software is protected by United States copyright laws and international treaties. Licensee must treat the Software like any other copyrighted material. Licensee may not:
A. Copy the Software except to make Derived Templates, Specific Documents, or backup copies as provided above;
B. Place the Software or Derived Templates onto a server so that they are accessible to persons who are outside the limits indicated on the License Certificate;
C. Sublicense, rent, lease, resell, translate, summarize, give or lend any portion of the Software or Derived Templates; or
D. Use the names "ReadySET", "ReadySET Pro", "readysetpro.com", or "Method Labs" to characterize or promote products developed with the aid of the Software without prior written permission. For written permission, please contact email@example.com.
Method Labs warrants that for a period of 60 days after delivery of the Software to Licensee:
A. The physical media on which this copy of the Software is distributed, if any, will be free from defects in materials and workmanship under normal use, and
B. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SOFTWARE AND SERVICES ARE PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, METHOD LABS, ITS AFFILIATES, LICENSORS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, "REPRESENTATIVES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE OR SERVICES, DISK AND RELATED MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT, regardless of whether Method Labs knows or had reason to know of Licensee's particular needs.
Method Labs does not warrant that the Software is secure, or free from defects or viruses. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In that event, any implied warranties are limited in duration to 60 days from the date of purchase or delivery of the Software, as applicable. However, some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may have other rights that vary from state to state.
Licensee agrees to exercise normal professional diligence when using the Software, including review of all documents based on ReadySET Pro templates for indications of errors prior to further use. Method Labs disclaims any responsibility for the accuracy or adequacy of any professional software development decisions made or actions taken by Licensee.
Method Labs' entire liability and Licensee exclusive remedy shall be:
A. The replacement of any CD-ROM(s) or other media not meeting the Limited Warranty which is returned to Method Labs, or
B. If Method Labs is unable to deliver a replacement CD-ROM(s) or other media that is free of defects in materials or workmanship, Licensee may terminate this Agreement by returning the Software and Licensee's money will be refunded. IN NO EVENT WILL METHOD LABS BE LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS, CORRUPTION OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF METHOD LABS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT DOES METHOD LABS ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN THE LICENSEE ARISING OUT OF YOUR OR THEIR USE OR NON-USE OF THE SOFTWARE.
Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The limitations of damages or liability and the disclaimers of warranties set forth in this Agreement are fundamental elements of the basis of the bargain between Method Labs and you. You acknowledge and agree that Mewthod Labs would not be able to provide this product on an economic basis without such limitations and that Method Labs has set its prices for the Software in reliance upon such limitations of damages and liability and disclaimers of warranties.
This License Agreement takes effect upon Licensee's use of the software and remains effective until terminated. Licensee may terminate it at any time by destroying all copies of the Software and Derived Templates in its possession.
The license granted under this Agreement shall terminate immediately if Licensee breachs any of the terms or conditions of the Agreement, and Method Labs is entitled to enforce its rights hereunder by an action for damages or by specific performance, injunctive or other equitable relief. Upon such termination, Licensee must immediately remove all copies of the Software and Derived Templates from your computers, return the Software to Method Labs and destroy all backup copies.
Each party agrees that it shall not disclose to any third party any information concerning the customers, trade secrets, methods, processes or procedures or any other confidential, financial or business information of the other party which it learns during the course of its performance of this Agreement, without the prior consent of such other party. This obligation shall survive the cancellation or other termination of this Agreement.
The Software contains trade secrets and proprietary know-how that belong to Method Labs and it is being made available to Licensee in strict confidence.
This Agreement does not limit any rights that Method Labs may have under trade secret, copyright, patent or other laws. Method Labs retains title to and ownership of the Software and all enhancements, modifications and updates to the Software made by Method Labs. The Software is licensed, not sold. Purchase of a license does not convey ownership of the Software.
ANY USE OR DISCLOSURE OF THE SOFTWARE, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF METHOD LABS' TRADE SECRET RIGHTS.
This Agreement sets forth the entire liability of Method Labs and its representatives and your exclusive remedy with respect to the Software and its use, and is a complete statement of the agreement between you and Method Labs. The failure by any party to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The agents, employees, distributors, and dealers of Method Labs are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Method Labs.
If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
This Agreement will be governed by California law as applied to agreements entered into and to be performed entirely within California, without regard to its choice of law or conflicts of law principles, and applicable federal law.
Headings in this Agreement are included for convenience only, and shall not be considered in interpreting this Agreement.
These common questions and answers help to explain the agreement, but they do not add to, subtract from, or change the terms of the agreement.