Please read carefully the following licence agreement before downloading.
Masternaut M-Messenger licence agreement IMPORTANT - Read this licence Agreement carefully before clicking on the "I agree" button. By clicking on this button, you agree to be bound by the terms of this licence Agreement. THIS IS A LEGAL AGREEMENT between you (either an individual or an entity) and Masternaut UK Limited a company redgistered in the UK ("Masternaut"). By clicking on the "click here to install" button, you are agreeing to be bound by the terms and conditions of this licence Agreement. If you do not agree to the terms and conditions of this licence Agreement, do not click on any of such buttons. 1. Grant of Limited licence. Masternaut grants to you the non-exclusive right to use one copy of the Masternaut software program, M-Messenger (the "Software"). The Software is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device). 2. Copyright. The Software is owned by Masternaut and is protected by United Kingdom copyright laws and by international treaty provisions. You must, therefore, treat the Software like any other copyrighted material, for example, books or musical recordings, except that you may either (a) make one copy of the Software solely for backup purposes, or (b) transfer the Software to the hard disk of a single computer. You may not copy any written material that may accompany the Software. 3. Other Restrictions. You may not reverse-engineer, decompile, or disassemble the Software unless and only to the extent that such reverse engineering is explicitly authorized by law notwithstanding this licence restriction. You may not modify the Software in any way. You may not sublicence, rent or lease the Software. You must use the Software in a manner that is consistent with the software licences granted to you by other companies that have provided software for your computer. You acknowledge that information provided to you by entities and ("Content Providers") through their Web sites, by e-mail messages, or by any other means ("Content") may be protected by copyright, trademark or other proprietary rights. You must use the Software in a manner that is consistent with the rights of Content Providers. Your use of Content for any purpose that is inconsistent with Content Providers' rights is expressly prohibited by law, and may result in civil and criminal penalties. 4. Disclaimer of Warranties and Limitation of Liability. THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. MASTERNAUT FURTHER DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT MASTERNAUT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. IN NO EVENT SHALL MASTERNAUT, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, MARKETING, DISTRIBUTION, OR DELIVERY OF THE SOFTWARE, BE LIABLE FOR ANY DAMAGES WHATSOEVER; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, FOR BUSINESS INTERRUPTION, FOR LOSS OF BUSINESS INFORMATION, OR FOR OTHER MONETARY LOSS, ARISING OUT OF THE USE OF THE SOFTWARE OR THE INABILITY TO USE THE SOFTWARE, EVEN IF MASTERNAUT HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. MASTERNAUT AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OR THE ACCURACY OF CONTENT. SUCH CONTENT MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. IN NO EVENT SHALL MASTERNAUT OR ITS SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES WHATSOEVER, WHETHER IN A CONTRACT ACTION, NEGLIGENCE OR OTHER TORT ACTION, OR OTHER CLAIM OR ACTION, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF THE SOFTWARE, CONTENT, OR DOCUMENTS AND OTHER INFORMATION PROVIDED TO YOU BY MASTERNAUT, OR IN THE PROVISION OF, OR FAILURE TO PROVIDE, SERVICES OR INFORMATION. Because some countries do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above disclaimer may not apply to you. Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the date you downloaded or otherwise received the Software. 5. Third Party Sites and Links. MASTERNAUT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY WEBSITE MAINTAINED BY CONTENT PROVIDERS OR BY ANY OTHER THIRD PARTY. LINKS IN CONTENT PROVIDERS' WEBSITES, AND IN OTHER PARTIES' WEBSITES, MAY LET YOU LEAVE THE WEBSITES. LINKED-TO SITES ARE NOT UNDER THE CONTROL OF MASTERNAUT AND MASTERNAUT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED-TO SITE OR FOR ANY LINK CONTAINED IN A LINKED-TO SITE. THE INCLUSION OF ANY LINK IN MASTERNAUT'S WEBSITE DOES NOT IMPLY ENDORSEMENT BY MASTERNAUT OF THE SITE. 6. Your Warranty to Masternaut. You warrant that all individuals having access to the Software will observe and perform all the terms and conditions of this licence Agreement. You shall, at your own expense, promptly enforce the restrictions in this licence Agreement against any person who gains access to the Software while your employee and who violates such restrictions, by instituting and diligently pursuing all legal and equitable remedies against him or her. You agree to immediately notify Masternaut in writing of any misuse, misappropriation or unauthorized disclosure, display or copying of the Software that may come to your attention. 7. Terms of Service. During registration Masternaut collects basic contact information ("Information") from you. Information is stored on Masternaut servers. Masternaut reserves the right to use Information in conformity with the terms of this licence Agreement. Your personal information ("Personal Information") is stored locally on your computer in an encrypted file. To the extent Masternaut may access Personal Information, Masternaut will not transmit Personal Information voluntarily to any third party without your express consent. You access and utilize your Personal Information when you fill out an online form with the Software and you provide it to an on-line merchant or a website. This Personal Information remains in your full control, and you choose the extent and substance of the revelation of this Information to the websites that you visit. Masternaut may, on occasion, use your IP address to help diagnose problems with our server and to administer its website. Masternaut may provide aggregate statistics about its customers, traffic patterns, and related site information to reputable third-party vendors. In this process, Masternaut collects information on your web usage that remains anonymous to third parties. Masternaut may derive general information from your Personal Information and web usage. Masternaut will not voluntarily disclose, sell or trade your Personal Information to any third party without your consent 8. Injunctive Relief. Because of the unique nature of the Software, you understand and agree that Masternaut will suffer irreparable injury in the event you fail to comply with any of the terms of this licence Agreement and that monetary damages may be inadequate to compensate Masternaut for such breach. Accordingly, you agree that Masternaut will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive relief, without posting a bond, to enforce the terms of this licence Agreement. 9. Termination. You may terminate this licence Agreement at any time. Masternaut may immediately terminate this licence Agreement if you breach any representation, warranty, agreement or obligation contained or referred to in this licence Agreement. Upon termination, you must dispose of the Software and all copies or versions of the Software by destroying the Software. The provisions of Sections 3, 4, 5, 6, 7, 8 and 10 of this licence Agreement shall survive termination of this licence Agreement. 10. Miscellaneous. If any litigation is brought to enforce this licence Agreement, or arises out of this licence Agreement, the prevailing party shall be awarded its reasonable attorneys' fees together with expenses and costs incurred in such litigation. This licence Agreement shall be governed by the laws of the United Kingdom, but not including the 1980 United Nations Convention on Contracts for International Sale of Goods. Venue for any action under this licence Agreement shall be in English courts. You consent to the personal jurisdiction of the courts of such venue. This licence Agreement is the complete agreement between Masternaut and you and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. 11COPYRIGHT NOTICE. Copyright © Masternaut UK LimitedAll rights reserved. Any rights not expressly granted in this licence Agreement are reserved. TRADEMARKS. "Masternaut," "Masternaut M-Messenger," and "M-Messenger" are either trademarks or registered trademarks of Masternaut. Other product or service names are the trademarks or registered trademarks of their respective owners.