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Terms

MindMaple Pro

  • By installing or using the MindMaple Inc. (the "Company") product MindMaple (the "Software") you indicate your agreement to the terms of this End User License Agreement (the "Agreement"). If you do not agree to the terms herein, you are not authorized to copy or use the Software. The Software, all images, photographs, icons and text incorporated in the Software, are owned by Company or its third party suppliers ("Third Party Supplier") and are protected by United States copyright laws and international treaty provisions. Except to the extent expressly licensed herein, all rights are reserved to Company and its Third Party Suppliers. You may not reverse engineer, decompile or disassemble the Software.

    ATTENTION : USE OF THE SOFTWARE IS SUBJECT TO THE TERMS SET FORTH BELOW. USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS YOU ARE NOT AUTHORIZED TO USE THIS SOFTWARE.

    LICENSE GRANT

    The Company grants you a non-exclusive, royalty-free, worldwide right and license to use the executable version of the Software, where "use" in this Agreement means storing, loading, installing or executing the Software, for the period of time determined in your purchasing agreement for the Software. If no period of time is mentioned in your purchasing agreement, your license for the software is permanent. You may not modify the Software or disable any licensing or control features of the Software. You agree that you may not copy the written materials accompanying the Software. You may copy the software for archival purposes so long as the copy is unmodified from the original distribution and the copy retains all of the original Software's proprietary notices. You may not redistribute this software except as provided herein. You may not rent or lease your rights to the Software or documentation.

    This License Agreement will expire at the end of your predetermined license term, if a license term is specified in your purchasing agreement.

    If you are an individual and this Agreement is for a single license, you may install the Software on multiple computers provided that not more than one of those computers is in use simultaneously and that those computers are solely for your own use. If the Software license you have is for a single user license then the Software may be installed on a computer that is for multiple users but it may not be installed on more than one computer regardless of whether those computers are operated simultaneously or not. If this Agreement is for a multi-user (site) license, the number of computers on which the Software is installed may not exceed the number of licenses purchased, regardless of whether the computer is used by multiple users or not. You may use this software in a networked environment on computers other than the computer on which the software is installed provided that you have purchased licenses for each computer that will use the software, regardless of whether those computers will use the software at the same time or not.

    You shall not use the Software in any manner that could damage, disable, overburden or impair any features or services provided through the Software.

    SCOPE OF LICENSE

    (a) The Software is not free. If you want to use the software, you may acquire a license from the Software website (www.mindmaple.com).

    (b) Annual license is valid for one year from the purchased date. After the expiration of the annual license, the Software will work without any function limits. However, you will need to purchase another license for valid use.

    (c) The Software will allow you to update for minor versions. Major version updates will require an additional license, EXCEPT the license is an annual license which can be used in all versions of the Software within the period.

    OWNERSHIP

    All right, title and interest in and to the Software is owned and copyrighted by the Company or its Third Party Suppliers. Your license confers neither title to nor ownership in the Software and is not a sale of any rights in the Company. Company Third Party Suppliers may protect their rights in the event of any violation of this License Agreement as if such Third Party Suppliers were parties to this License Agreement. No license is given to you under any patent or patent application of Company.

    COPIES, ADAPTATIONS AND DISTRIBUTION

    Other than as provided in the License Grant section of this agreement and herein below, you may only make copies or adaptations of the Software for archival purposes or when copying or adaptation is an essential step in the authorized use of the Software. You must reproduce all copyright notices in the original Software on all copies or adaptations. Except as provided in the Assignment and Non-assignment section of this Agreement you may not distribute a license key, license code, serial code or other licensing device for the Software to any third party unless you obtain written permission from Company.

    You may freely redistribute the Software provided that you do not charge a fee, whether for distribution or the media containing the Software, except as permitted herein.

    ISPs, technology publications, non-profit organizations, charities or charitable organizations, and educational organizations such as schools or universities may distribute the Software for free to home users, volunteers, or students for non-commercial private use provided that they do not charge a fee for the Software, but may charge reasonable handling and duplication fees provided that the recipient is explicitly made aware that they are not being charged for the Software and that the token fee associated is exclusively to cover handling and duplication fees. If the Software is included as part of a distribution package for which a fee is being charged, you may include the Software provided that you do not levy charges for the distribution package beyond reasonable additional handling and duplication fees and that the recipient is explicitly made aware that they are not being charged for the Software.

    If the Software is distributed as a part of another package or software bundle or in association with services for which a fee is being levied, Company permission must first be obtained.

    In all cases where this Software is distributed, it must remain complete and unchanged in its original EXE package with all messages intact. You may rename the distributable EXE file for management purposes provided that the Software name and version number remain clear in the new file name.

    You may create a translated adaptation of the Software and its accompanying documentation ("Documentation") into another human language. If you submit a translation of all or any of the Software or Documentation, you agree that the translation and its copyright is the exclusive property of Company. You also agree that compensation or non-compensation for your translation submission of the Software or Documentation is solely at the discretion of Company.

    NO DISASSEMBLY, RECOMPILATION OR DECRYPTION

    You may not disassemble or decompile the Software unless Company prior written consent is obtained. In some jurisdictions, Company consent may not be required for limited disassembly or decompilation. Upon request, you will provide Company with reasonably detailed information regarding any disassembly or decompilation. You may not decrypt the Software unless decryption is an essential step in the authorized use of the Software.

    NO WARRANTIES

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

    NO LIABILITY FOR DAMAGES

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY NOR ITS THIRD PARTY SUPPLIERS SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS SOFTWARE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHERMORE, THE COMPANY'S LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED THE LICENSE FEE, IF ANY, PAID BY YOU DIRECTLY TO THE COMPANY FOR USE OF THE PRODUCT OR ANY LICENSE FEE RECEIVED BY THE COMPANY FOR THE USE OF THE PRODUCT IF PURCHASED THROUGH AN AUTHORIZED THIRD PARTY.

    CUSTOMER REMEDIES

    YOUR EXCLUSIVE REMEDY SHALL BE, AT COMPANY OPTION, REPAIR OR REPLACEMENT OF THE SOFTWARE OR REFUND OF PART OR ALL OF THE LICENSE FEE, IF ANY, PAID BY YOU FOR THE SOFTWARE.

    INDEMNIFICATION

    This Software is intended for use with media, files, and content for which you have sufficient rights to, authority for, or ownership of. It is your responsibility to ascertain whether copyrights, patents, or other licenses are needed for the content that you use in conjunction with the Software. You agree to hold harmless, indemnify and defend the Company, their officers, directors, employees and Third Party Suppliers against any loss, damage, fine, or expense (including attorney's fees) arising out of or related to any claim that you have used this Software in violation of applicable laws in your jurisdiction. It is your responsibility to abide by the laws of whichever jurisdiction you reside in.

    DATA COLLECTION AND USAGE

    As part of the Software, additional software components ("Software Components") authored by Company and the Company's partner ESTsoft Corp. ("ESTsoft") may be incorporated into the Software or installed alongside the Software for the purpose of Software maintenance, updates, advertisements via banners and aggregate usage statistics.

    The Software includes a MindMaple Error Reporting Tool to collect data of an unexpected error. MindMaple Error Reporting Tool requires user action and explicit consent to report Software errors to Company. Information transmitted by MindMaple Error Reporting Tool may include Software name, Software version, stack dump, loaded modules, crash address, operating system information and a non-personally identifying unique ID.

    Updates will only send the Software version. If you have decided to use automatic update notification, MindMaple will attempt to send the data to our server once every 7 days.

    All information collected is aggregated then deleted. Company may disclose aggregate information at its sole discretion.

    TERMINATION

    This Agreement shall continue for the duration of Company copyright in the Software, unless earlier terminated as provided herein. The Company may terminate your license immediately without notice to you for your failure to comply with any of the terms set forth in this Agreement. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions thereof in any form. Obligations to pay accrued charges or fees shall survive the termination of this Agreement.

    You may terminate this Agreement at any time by uninstalling the Software and deleting all copies of it.

    U.S. GOVERNMENT RESTRICTED RIGHTS

    The Software and any accompanying documentation have been developed entirely at private expense. They are delivered and licensed as "commercial computer software." If this Software is acquired under the terms of a DOD or civilian agency contract, use, reproduction or disclosure of the Software by the Government is subject to the restrictions set forth in this License Agreement in accordance with 48 C.F.R. 227.7202 or 48 C.F.R. 12.212, respectively.

    COPYRIGHTS

    Copyright ownership of the program and all attachments contained in ths product are exclusively owned by MindMaple Inc. The Software and contents in the Software are protected by copyright laws and international copyright agreements as well as other intellectual property rights and other international agreements.

    ENTIRE AGREEMENT

    Unless otherwise expressly agreed in writing, this License Agreement constitutes the sole and exclusive agreement between you and Company with regard to the Software, and supersedes all prior agreements, whether oral or written, and other communications between the parties relating to the subject matter set forth herein.

    If you have any questions regarding this License Agreement or if you wish to request any information from Company, please contact the firm at the e-mail address below.

    Website : http://www.mindmaple.com
    E-mail : support@mindmaple.com

    Copyright (c) 2011-present MindMaple Inc. All rights reserved. MindMaple is a trademark of MindMaple Inc.