USER AGREEMENT AND SOFTWARE LICENSE
THIS END USER LICENSE AGREEMENT (“EULA”) DESCRIBES THE TERMS BY WHICH MYKEY TECHNOLOGY, INC. (“MYKEY”) PROVIDES CERTAIN SOFTWARE NECESSARY TO OPERATE THE NOWRITE™. BY INSTALLING THE SOFTWARE AND USING NOWRITE, WHICH CONTAINS PROPRIETARY FIRMWARE, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO ABIDE BY THE PROVISIONS OF THIS EULA, PLEASE RETURN BOTH NOWRITE AND THE ACCOMPANYING SOFTWARE TO MYKEY TECHNOLOGY FOR A REFUND. By installing, copying, downloading, accessing or otherwise using NOWRITE or its utilities, you agree to be bound by the terms of this EULA. If you have any questions regarding these terms and conditions, please contact customer service at 888-892-9081.
A COPY OF THIS EULA CAN BE FOUND ON WWW.MYKEYTECH.COM/NOWRITE/EULA.HTML
1. GRANT OF LICENSE
· This EULA permits you to use the Firmware and Software on any computer with a NOWRITE installed. You may also store or install a copy of the SOFTWARE on a storage device, such as a network server, used only to install or run the SOFTWARE on your other computers over an internal network; however, each separate computer on or from which the SOFTWARE is installed, used, accessed, displayed or run must have a NOWRITE installed. A license for the SOFTWARE may not be shared or used concurrently on different computers.
· This Agreement does not entitle you to any subsequent releases of the Software or Firmware, or to any ancillary products. You understand that we may update or otherwise enhance the Software at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement.
· Subject to the terms of this Agreement, we hereby grant to you a non-exclusive license to use the Software solely in connection with using NOWRITE. You may not copy (except to make one necessary back-up copy or install on other computers with a NOWRITE attached), distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer the Software. You may not copy any of the written materials accompanying NOWRITE. You may not reverse engineer, disassemble or decompile or otherwise reverse engineer or attempt to reverse engineer or derive source code from, all or any portion of the Firmware or Software or anything incorporated therein or permit any third party to do so except to the extent that this restriction is expressly prohibited by applicable law. The Software may contain license management software that restricts your use of the Software. If the Software is an update, any transfer must include the update and all prior revisions.
2. Other Rights and Limitations
· This EULA does not grant you any rights in connection with any trademarks, patents or service marks of Mykey.
· We and our suppliers shall retain ownership of all intellectual property rights relating to or residing in the CD-ROM, the Software, the Firmware and NOWRITE. The Software is a commercial item.
This SOFTWARE and FIRMWARE is owned by Mykey Technology and is protected by the United States copyright laws and international treaty provisions. Mykey retains all rights not expressly granted. Therefore, you must treat the SOFTWARE like any other copyrighted material (for example, a movie or book) except that you may make either (a) make one copy of the NOWRITE solely for backup or archival purposes, or (b) transfer the NOWRITE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the NOWRITE in whole or in part without the express written permission of Mykey.
4. Hacks, Modifications and/or Changes to the NOWRITE
You may not make any modifications to the NOWRITE FIRMWARE. You may not use our intellectual property rights contained in NOWRITE or the SOFTWARE.
We may terminate this Agreement (including your Software license) immediately and without notice if you breach this Agreement.
WE PROVIDE THE CD-ROM, THE SOFTWARE, THE FIRMWARE, NOWRITE AND ALL OTHER SERVICES "AS IS." WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You acknowledge that because of the complexity of computer technology, Mykey cannot and does not warrant that this product’s operation will be uninterupted and error-free. Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the CD-ROM, the Software, or NOWRITE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. We do not warrant that the enclosed product or documentations will satisfy the requirements of your computer systems or that the enclosed product or documentations are without defect or error. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control.
IN NO EVENT SHALL WE, OUR AFFILIATES OR OUR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH NOWRITE, THE SOFTWARE OR THIS AGREEMENT. YOUR REMEDY IS LIMITED TO A REPLACEMENT DISK IN THE EVENT THAT THIS DISK MALFUNCTIONS. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
The warranty and remedies set forth herein are exclusive and in lieu of all others, oral or written, express or implied. No distributor, agent or employee of Mykey is authorized to make any modifications or addition to this warranty.
You shall comply with all applicable laws regarding your use of the Software and your use of NOWRITE. Without limiting the foregoing, you may not download, use or otherwise export or re-export the Software and/or Hardware except in full compliance with all applicable laws and regulations.
Your use of NOWRITE and/or its Software constitutes your agreement to defend, indemnify and hold harmless Mykey and its affiliated companies, employees, contractors, officers and directors from any claim or demand, including reasonable attorney’s fees arising out of your use or misuse of NOWRITE.
This Agreement is governed in all respects by the laws of State of Maryland as such laws are applied to agreements entered into and to be performed entirely within Maryland between Maryland residents, including the provisions of the Uniform Computer Information Transaction Act ("UCITA") as adopted by the State of Maryland (MD. Code. Ann. Com. Law I, §21-101, et seq. (2000)). The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any dispute arising out of this Agreement shall be subject to binding arbitration under the American Arbitration Association ("AAA") Commercial Arbitration Rules with Expedited Procedures in effect on the date hereof. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Except as provided above, this Agreement may not be amended except in a writing signed by both parties.
All services hereunder are offered by Mykey Technology, Inc., 7851-C Beechcraft Avenue, Gatihersburg, MD 20879. You can reach us during the hours of 12pm EST to 4pm EST by calling 888-892-9081 or by emailing support@MykeyTech.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.