Molten 0.15.1 License Agreement

Copyright (c) 2014-2017 The Brenwill Workshop Ltd. All rights reserved.

The standard Markdown markup symbols used in this document are intended for use by a Markdown reader tool and, unless otherwise noted, are not intended to signify contractual meaning.

CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. BY INSTALLING OR OTHERWISE USING THE Molten DISTRIBUTION PACKAGE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, DO NOT INSTALL THE Molten DISTRIBUTION PACKAGE. If You have paid a License Fee and have determined that You do not want to accept the terms and conditions of this agreement, You may contact Us within 30 days of purchase for a refund.

Definitions

For the purposes of this Agreement, the following terms are defined and used in this document:

License Grant, Title and Term

We hereby grant You a non-exclusive license for use of the Software by a single Developer.

We retain all ownership, right, title, copyright, naming rights, trademarks, and interest in the Software and Documentation, including all component source code, compiled code, Libraries, documents, examples, tutorials, images, photographs, videos, and any other components of the Software and Documentation.

From time to time, We may make available updates and upgrades to the Software and Documentation and, unless otherwise indicated, this License will apply to the original version of the Software obtained by You, and to all updates and upgrades, until such time as We, at Our sole discretion, determine that an upgrade contains enough significant additional functionality as to require the acquisition of a separate License. This License will continue to apply to the original version and any updates and upgrades previously acquired by You.

As the requirements for future versions of the Software may change, We reserve the right to unilaterally modify the terms and conditions of this Agreement for any future version, update, or upgrade of the Software.

Unless identified otherwise, this Agreement is effective immediately and will remain in effect in perpetuity. You may terminate this Agreement at any time by immediately destroying all copies of the Software and Documentation in Your possession or control. This Agreement will automatically terminate if You fail to comply with any material term or condition of this Agreement. You agree, upon termination of this Agreement, by either You or Us, and for any reason, to immediately destroy all copies of the Software and Documentation in Your possession or control.

All restrictions listed in the What You May Not Do section of this Agreement will survive the termination of this Agreement.

This Agreement may be modified only by a writing signed by You and Us. This Agreement and all related actions and proceedings will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to conflicts of laws provisions, and without regard to the United Nations Convention on the International Sale of Goods, and the parties consent to the jurisdiction of the courts in the City of Toronto in the Province of Ontario, Canada. In the event of litigation between You and Us concerning this Agreement, the prevailing party in the litigation will be entitled to recover legal fees and expenses from the other party.

If any provision of this Agreement will be adjudged by any court of competent jurisdiction to be unenforceable or invalid, then that provision will be stricken from this Agreement without affecting the rest of this Agreement, and the remaining provisions of this Agreement will continue to be valid and enforceable.

What You May Do

What You May Not Do

The Software and Documentation remain Our proprietary intellectual property and are protected by copyright laws and international treaties.

Limited Warranty and Remedy

We warrant that for a period of 90 days after delivery of this copy of the Software to You, the Software will perform in material compliance with the Documentation.

We represent and warrant that We are the copyright holder of the Software and Documentation, that the granting of this License does not violate any other agreement, copyright, or ownership right, and that We are not aware of any claims or allegations that any or all of the Software infringes, violates, or misappropriates the intellectual property rights of any third party.

To the maximum extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether We know or had reason to know of Your particular needs. No employee, agent, dealer or distributor of Ours is authorized to modify this limited warranty, nor to make any additional warranties.

Our entire liability and Your exclusive remedy for breach of the foregoing warranty will be, at Our option, to repair or replace the Software or refund the purchase price.

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to You.

You may not use the Software in a situation where the Software's failure to perform can reasonably be expected to result in physical injury or loss of life. Any such use by You is entirely at Your own risk, and You agree to hold Us harmless from any claims or losses relating to such unauthorized use.

Confidentiality and Indemnification

The Software and Documentation contain trade secrets and proprietary intellectual property that belong to Us and it is being made available to You in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET OR PATENT RIGHTS.

To the maximum extent permitted by law, You agree to defend, indemnify and hold harmless Us, Our affiliates, and Our and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses arising out of or accruing from Your use of the Software in a way that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any third party, or defames any third party or violates their rights of publicity or privacy.