License Agreement For MiaBella, LLC Statistical Visualization Software
IMPORTANT – READ CAREFULLY: THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR SINGLE LEGAL ENTITY) AND MIABELLA, LLC (“US”, “OUR”, OR “MIABELLA”) GOVERNING THE USE OF THE SOFTWARE PRODUCT IDENTIFIED ABOVE (“SOFTWARE”). MIABELLA IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT (“AGREEMENT”). IF YOU INSTALL, COPY, ACTIVATE OR OTHERWISE USE THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL THE TERMS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, ACTIVATE OR USE THE SOFTWARE.
BY INSTALLING AND/OR USING THE SOFTWARE, YOU AGREE THAT THIS AGREEMENT APPLIES TO YOU; AND IF THE SOFTWARE IS ACQUIRED, INSTALLED AND/OR USED ON BEHALF OF ANY OTHER PERSON OR ENTITY (FOR EXAMPLE, YOUR EMPLOYER), YOU AFFIRM THAT YOU HAVE BEEN AUTHORIZED BY SUCH PERSON OR ENTITY TO ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT ON THEIR BEHALF.
YOU HAVE PURCHASED AND/OR OBTAINED ONLY A LICENSE TO USE THIS SOFTWARE IN ACCORDANCE WITH THE APPLICABLE TERMS CONTAINED IN THIS AGREEMENT. YOU DO NOT OWN THIS SOFTWARE. YOU DO NOT HAVE, ACQUIRE OR OBTAIN ANY OWNERSHIP, PROPERTY RIGHTS OR TANGIBLE INTEREST IN THIS SOFTWARE. YOU DO NOT HAVE, ACQUIRE OR OBTAIN ANY RIGHTS TO SELL OR RESELL THIS SOFTWARE.
Use of the MiaBella software is subject to the following software license. Use the software only after you have agreed to abide by the terms and conditions of the software license agreement. By installing the software, you indicate acceptance of the software license agreement.
(A) Disclaimer and Liability Limitations
The software is designed and offered as a general-purpose software, not for any user’s particular purpose. You accept that no software is error free and you are strongly advised to back-up your files regularly. To the maximum extent permitted by applicable law MiaBella disclaims all warranties, conditions and other terms, either express or implied (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness for particular purpose with respect to the software and the written materials that accompany the software.
MiaBella makes no claims as to the accuracy, completeness, timeliness or fitness for any particular purpose of any results produced by any of our calculators or other applications. If you use the results for any purpose the responsibility of that use is entirely with you the user.
MiaBella and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use or inability to use the software. In any case MiaBella’s entire liability under any provision of this Agreement shall be limited to the amount actually paid by you for the software. This license agreement may change without notice.
MIABELLA DOES NOT GIVE ANY WARRANTY OR OTHER ASSURANCES AS TO THE OPERATION, QUALITY OR FUNCTIONALITY OF THE MIABELLA SOFTWARE. ACCESS TO THE SOFTWARE MAY BE INTERRUPTED, RESTRICTED OR DELAYED FOR ANY REASON.
YOUR USE OF THE AFOREMENTIONED SOFTWARE IS AT YOUR SOLE RISK. THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES (EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE MIABELLA SOFTWARE ; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE USE OF MIABELLA SOFWARE; OR (iii) ANY OTHER MATTER RELATING TO THE SERVICE IN CONNECTION WITH THE AFOREMENTIONED SOFTWARE.
(B) Grant of License
The software is owned by MiaBella, LLC and is protected by United States copyright laws and international treaty provisions. By purchasing a single-user MiaBella license, you obtain a non-transferrable right to install the software on your computer not serving as a network server, and use the software on this computer. The software can be used on a network server when you purchase a network license for the required number of concurrent users. You may not share, sell, rent or lease the software. You may not transfer ownership of your license, user name and product key. You may not reverse engineer, decompile, disassemble, or create derivative works from the software. All material contained in this software is the property of MiaBella. All rights are reserved and any unauthorized use or reproduction is strictly prohibited. MiaBella reserves all rights not expressly granted to you in this license agreement.
No waiver by MiaBella or any of its affiliates of any right under or term or provision of these terms and conditions will be deemed a waiver of any other right, term or provision of these terms and conditions at that time or a waiver of that or any other right, term or provision of these terms and conditions at any other time.
(D) Governing Law and Consent to Jurisdiction
THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO. YOU AGREE THAT ANY DISPUTE OR ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL BE COMMENCED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN DENVER, COLORADO AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF ANY SUCH DISPUTE OR ACTION.
MiaBella does not provide technical support. Moreover, MiaBella makes no guarantee that software maintenance updates will be distributed, even if MiaBella is notified of flaws in MiaBella software. MiaBella reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the software distributed by MiaBella, with or without notice. You agree that we are not liable to you or to any third party for any modification, suspension or discontinuance of the aforementioned software or software updates.
You may not assign your rights or delegate your duties or obligations under this agreement. MiaBella, LLC may, at any time, assign its rights or delegate any or all of its obligations under this agreement without prior notice. If any provision of these terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The preceding terms and conditions represent the entire agreement between MiaBella, LLC, on the one hand, and you, on the other, relating to the subject matter hereof.