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MIB Browser License Agreement (Personal Edition)
PLEASE READ CAREFULLY THROUGH THE FOLLOWING SOFTWARE LICENCE AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT
INSTALL OR USE THE PRODUCT, AND YOU DO NOT BECOME A LICENSEE UNDER THIS
This free Personal Edition is intended exclusively for private use on a
single workstation. You may copy the complete program package and pass
it on to others for private use only.
The free Personal Edition may not be used for commercial or professional
1. License Agreement. As used in this Agreement, "iReasoning" shall mean
iReasoning, Inc. iReasoning grants Licensee a non-exclusive and non-transferable
license to reproduce and use for personal or internal business purposes the
executable code version of the Product, provided any copy must contain all of
the original proprietary notices. This license does not entitle Licensee to
receive from iReasoning hard-copy documentation, technical support, telephone
assistance, or enhancements or updates to the Product. iReasoning may terminate
this Agreement at any time, for any reason or no reason. iReasoning may also
terminate this Agreement if Licensee breaches any of its terms and conditions.
Upon termination, Licensee shall destroy all copies of the Product.
2. Restrictions. Without iReasoning's prior written consent, Licensee may not:
(i) modify or create any derivative works of the Product or documentation,
including customization, translation or localization; (ii) decompile,
disassemble, reverse engineer, or otherwise attempt to derive the source code
for the Product (except to the extent applicable laws specifically prohibit such
restriction); (iii) redistribute, encumber, sell, rent, lease, sublicense, or
otherwise transfer rights to the Product; (iv) remove or alter any trademark,
logo, copyright or other proprietary notices, legends, symbols or labels in the
Product; or (v) publish any results of benchmark tests run on the Product to a
third party .
3. Fees. There is no license fee for the Product. If Licensee wishes to receive
the Product on media, there may be a small charge for the media and for shipping
and handling. Licensee is responsible for any and all taxes.
4. Proprietary Rights. Title, ownership rights, and intellectual property rights
in the Product shall remain in iReasoning and/or its suppliers. The Product is
protected by copyright and other intellectual property laws and by international
5. Disclaimer of Warranty. THE PRODUCT IS PROVIDED FREE OF CHARGE, AND, THEREFORE,
ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO
OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
6. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT WILL IREASONING OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY
TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND
REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH
THE CLAIM IS BASED. IN ANY CASE, IREASONING’S COLLECTIVE LIABILITY UNDER ANY
PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES
LICENSEE PAID FOR THIS LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS
EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
7. Export Control. Licensee agrees to comply with all export laws and restrictions and
regulations of the United States or foreign agencies or authorities, and not to export
or re-export the Product or any direct product thereof in violation of any such
restrictions, laws or regulations, or without all necessary approvals. As applicable,
each party shall obtain and bear all expenses relating to any necessary licenses and/or
exemptions with respect to its own export of the Product from the U.S. By installing or
using the Product, Licensee agrees to the foregoing and represents and warrants that it
complies with these conditions.
8. U.S. Government End-Users. The Product is a "commercial item," as that term is
defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software"
and "commercial computer software documentation," as such terms are used in 48 C.F.R.
12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4 (June 1995), all U.S. Government End-Users acquire the Product with only
those rights set forth herein.
9. Miscellaneous. This Agreement constitutes the entire agreement between the parties
concerning the subject matter hereof, and may be amended only by a writing signed by both
parties. This Agreement shall be governed by the laws of the State of California, U.S.A.,
excluding its conflict of law provisions. All disputes relating to this Agreement are
subject to the exclusive jurisdiction of the courts of California and you expressly
consent to the exercise of personal jurisdiction in the courts of California in connection
with any such dispute including any claim involving iReasoning. This Agreement shall not be
governed by the United Nations Convention on Contracts for the International Sale of Goods.
If any provision in this Agreement should be held illegal or unenforceable by a court of
competent jurisdiction, such provision shall be modified to the extent necessary to render
it enforceable without losing its intent, or severed from this Agreement if no such
modification is possible, and other provisions of this Agreement shall remain in full force
and effect. A waiver by either party of any term or condition of this Agreement or any breach
thereof, in any one instance, shall not waive such term or condition or any subsequent breach
thereof. If any dispute arises under this Agreement, the prevailing party shall be reimbursed
by the other party for any and all legal fees and costs associated therewith
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