End User License Agreement for MinimServer 2
By downloading, installing or using this software, you accept the following license terms.IMPORTANT - READ CAREFULLY: This End User License Agreement ("EULA") is a legal agreement between you ("Licensee") and MinimWorld Ltd ("Licensor") to use the MinimServer software and its related components ("Software").
If you do not agree to all of the terms of this EULA, you should not download, install or use the Software. If you have already downloaded or installed the Software, you should remove it from your system and destroy all copies.
"Licensor" means MinimWorld Ltd, a company registered in England and Wales, registration number 12107733.
"Licensee" means an individual or a legal entity exercising rights under, and complying with all of the terms and conditions of this EULA or a future version of this EULA.
"Software" means the software programs known as MinimServer 2, MinimWatch 2 and MinimStreamer 2 in binary form, including their documentation, and any third-party software programs that are owned and licensed by parties other than Licensor and that are either integrated with or made part of Software (collectively, "Third Party Software").
"License Certificate" means evidence of a license provided by Licensor to Licensee in electronic or printed form, and defines the optional rights related to the Software.
"License Key" means a unique key code or key file, provided by Licensor or its authorized representatives, that enables the Licensee to use the Software.
The Software is the property of Licensor or its suppliers. The Software is licensed, not sold. Title and copyrights to the Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of the Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Licensor or its suppliers.
3. Grant of License
For MinimServer 2 Starter Edition, including MinimWatch 2:
Licensor grants Licensee a non-exclusive, non-transferable license to use the Software under certain obligations and limited rights as set forth in this EULA:
- Use the Software on any computer system or audio device.
- Make copies of the Software as reasonably necessary for the use authorized by this EULA, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software.
For the full version of MinimServer 2, including MinimWatch 2 and MinimStreamer 2:
According to the License Certificate, Licensor grants Licensee a non-exclusive, non-transferable license to use the Software, and subsequent versions thereof, under certain obligations and limited rights as set forth in this EULA:
- Use each License Key on more than one computer system or audio device, subject to the limitations specified in the License Certificate, as long as it is always used exclusively by Licensee. Each additional user of the Software requires an additional License Key.
- Make copies of the Software and the License Key as reasonably necessary for the use authorized by this EULA, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software.
To keep receiving new versions of the Software and continued support, Licensee must renew the license annually. If Licensee for any reason fails to renew, Licensee retains a perpetual license to continue to use the MinimServer 2 and MinimWatch 2 components of the Software at the feature versions they were at when the License expired. The MinimStreamer 2 component of the Software may not be used after the License has expired.
4. Trial License
A time-limited license to use the full version of the Software ("Trial License") is provided for a period of thirty (30) days ("Trial Period") from the date on which the user activates the Trial License. The time-limited version of the Software is subject to all terms set forth in this EULA.
The Software contains a feature that will automatically disable some features of the Software after the Trial Period has expired. All features provided by MinimServer 2 Starter Edition will continue to be available. Licensee may not disable, destroy, or remove this feature of the Software, and any attempt to do so will be in violation of this EULA and immediately terminate this agreement.
5. License Restrictions
Licensee may not:
- Reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software in whole or in part.
- Distribute, copy, publish, assign, sell, bargain, convey, transfer, pledge, lease or grant any further rights to use the Software.
- Modify or create any derivative work based on Software in whole or in part.
- Tamper with, alter, disable or circumvent the Software's built-in license verification and enforcement capabilities.
- Remove or alter any trademark, copyright, logo or other proprietary notices in the Software.
- Disclose the License Key in any way.
6. Disclaimer of Warranty
Unless specified in this EULA, all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement are disclaimed, except to the extent that these disclaimers are held to be legally invalid.
7. Limitation of Liability
To the extent not prohibited by law, in no event will Licensor (or any third-party-developer) be liable for any lost revenue, profit or data, or for special, indirect, consequential, incidental or punitive damages, however caused regardless of the theory of liability, arising out of or related to the use of or inability to use Software, even if Licensor has been advised of the possibility of such damages.
In no event will Licensor's liability to Licensee, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by Licensee for Software under this EULA. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to Licensee.
This EULA is effective until terminated. Licensee may terminate this EULA at any time by destroying all copies of Software.
This agreement may be terminated by either party if the other party commits a material breach. Either party will have thirty (30) calendar days following receipt of written notice to remedy any material breaches. Immediately upon termination, all copies of Software or any portions thereof in possession, custody or control of Licensee must be destroyed and written confirmation of such destruction provided to Licensor.
The following sections will survive any termination of this Agreement: 2 (Ownership), 3 (Grant of License), 4 (Trial License), 5 (License Restrictions), 6 (Disclaimer of Warranty), 7 (Limitation of Liability), 8 (Termination), 9 (Governing Law), 10 (Severability), 11 (Integration) and 13 (Reservation of Rights).
Licensee agrees that upon termination of this EULA for any reason, Licensor may take actions so that Software no longer operates.
9. Governing Law
This EULA will be governed by the laws of England, without reference to conflict of laws principles. Licensee agrees that any litigation relating to this EULA may only be brought in, and shall be subject to the jurisdiction of, any court of England.
If any provision of this EULA is held to be unenforceable, this EULA will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this EULA will immediately terminate.
This EULA, including License Certificate, is the entire agreement between Licensee and Licensor relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this EULA. No modification of this EULA will be binding, unless in writing and signed by an authorized representative of each party.
12. Third Party Software
Additional copyright notices and license terms applicable to portions of the Software are set forth on the Third Party Software page. By accepting this EULA, Licensee agrees to applicable license terms for third-party software included in or distributed with Software.
13. Reservation of Rights
All rights not expressly granted in this EULA are reserved by Licensor.Licensor reserves the right at any time to cease the support of the Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.