This Software License Agreement ("Agreement") is a legal agreement between you, the client ("Licensee" or "You"), and MoreBytes ("Licensor" or "We") for the custom software product developed by MoreBytes, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Software"). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Agreement.
Subject to the terms and conditions of this Agreement, Licensor grants to Licensee a non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Software solely for your own internal business purposes. This license is effective upon delivery of the Software and continues until terminated as set forth in this Agreement.
The Licensee shall not, and shall not permit any third party to:
Any rights to resell or redistribute the Software are strictly prohibited unless explicitly granted under a separate, duly executed Partnership or Reseller Agreement with MoreBytes.
The Licensee acknowledges and agrees that the Software is a proprietary product of the Licensor, protected under copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Licensor retains all right, title, and interest in and to the Software, including all copyrights, patents, trade secrets, trademarks, and other intellectual property rights. This Agreement does not grant the Licensee any ownership rights to the Software, but only a limited license to use it in accordance with these terms.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH THE LICENSEE. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.
IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE LICENSEE FOR THE SOFTWARE.
This license is effective until terminated. This license will terminate automatically without notice from the Licensor if the Licensee fails to comply with any provision of this Agreement. Upon termination, the Licensee shall immediately cease all use of the Software and destroy all copies, full or partial, of the Software.
This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Charleston, South Carolina, and the parties hereby consent to the personal jurisdiction and venue therein.
Should you have any questions concerning this Agreement, or if you desire to contact the Licensor for any reason, please contact us.