connectDaily Web Calendar 5.0.0

EULA - End User License Agreement

This license permits you to use the software (connectDaily) under the specific terms of this license. Ownership of the software including the programs, documentation, and any other materials provided with the program, and any components thereof ("LICENSED SOFTWARE") remains with MH Software, Inc. ("LICENSOR"). IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.

1. LICENSE TO USE. Licensor grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation and any error corrections provided by Licensor (collectively "Software"), by the number of installations and servers for which the corresponding fee has been paid.

2. EVALUATION LICENSE. If you received the software for evaluation purposes you may install the software on one computer system for evaluation purposes for a period not to exceed 90. If at the end of the evaluation period you should decide not to license the software you agree to destroy all copies of Software.

3. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Licensor. You may not make copies of Software, other than a single copy of Software for archival purposes. You may not share, post on any bulletin board system, newsgroup, website, or otherwise distribute your Software license key. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. Portions of this program Copyright 1995-2001 The Cryptix Foundation Limited. All rights reserved. Portions of this program Copyright 1995-2002 Sun Microsystems. All rights reserved.

4. SOURCE LICENSE TERMS. Licensor's copyright notices may not be removed from the source code. Licensee recognizes and agrees that the source code represents valuable intellectual property that is the property of Licensor and will take reasonable care to assure the security of the source code.

With the exception of the previous paragraph, Licensee may use software developed using the source code internally within their division or company site without restriction.

If the licensee wishes to incorporate the source code as part of an application that is distributed to others, licensee agrees that they will either:

a) Enter into a royalty payment agreement with Licensor

or

b) Inform and require each of Licensee's application clients to purchase a license for use of the software from Licensor

If licensee incorporates the source as part of an application that uses the business model commonly known as "Application Service Provider" in which the Licensee effectively rents the derivative software as a service to clients, Licensee must enter into an ASP
Royalty agreement with Licensor.

Licensee may incorporate the source code as part of an application sold to others, provided the following requirements are met:

i. Your software has clearly distinct and added functionality.
ii. You are responsible for all technical support.
iii. To the maximum extent permitted by law, your license must prohibit reverse engineering or decompiling of your application.
iv. The appplication licensee distributes shall not be a software development tool intended for distribution to other software developers or programmers.
v. Attribution is given to MH Software, Inc. (http://www.mhsoftware.com/) in any documentation or screen displays where other third-party software credits appear.
vi. The licensee may not resell, rent, lease, or distribute the products created from the source in any way that would compete with Licensor
vii. Licensee my not resell, rent, lease, or distribute the source code, only object code generated by compiling the source code may be distributed as a component of an application.

5. LIMITED WARRANTY. Licensor warrants to you that for a period of ninety (90) days from the date of purchase the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Licensor's entire liability under this limited warranty will be at Licensor's option to replace Software media or refund the fee paid for Software.

6. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
7. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Licensor if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software.
8. LIMITS OF LIABILITY. LICENSOR makes no warranty of any kind, expressed or implied, with regard to the program or documentation contained in this product. EXCEPT AS EXPRESSLY SET FORTH HEREIN, LICENSOR DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES WITH RESPECT TO THE LICENSED SOFTWARE, INCLUDING THE CONDITION, THE CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY ERRORS OR OTHER LATENT OR PATENT DEFECT, ANY INFRINGEMENT OF ANYONE ELSE'S INTELLECTUAL PROPERTY RIGHTS, ANY NEGLIGENCE, THE MERCHANTABILITY OF THE LICENSED SOFTWARE, AND FITNESS FOR ANY PARTICULAR USE. LICENSOR SHALL NOT BE LIABLE IN ANY EVENT FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER LOSS) IN CONNECTION WITH OR ARISING OUT OF THE USE OF THIS PROGRAM. UNDER NO CIRCUMSTANCES SHALL LICENSOR'S LIABILITY EXCEED THE COST PAID FOR THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THIS POSSIBILITY.

9. U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).

10. GOVERNING LAW. Any action related to this Agreement will be governed by Colorado law and controlling U.S. federal law. Any action or proceeding brought by either party against the other arising out of or related to the Agreement shall be brought only in a State or Federal Court of competent jurisdiction located in the City and County of, Colorado. The parties hereto agree to in personam jurisdiction of said courts.

You agree that should you breach this agreement, said breach will cause imminent harm to LICENSOR and that LICENSOR has no adequate remedy at law, and that injunctive relief is appropriate. You also agree that if you should breach this agreement, LICENSOR shall be entitled to reasonable costs including attorneys' fees in any action to enforce any provision of the agreement.

11. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.

12. INTEGRATION. This Agreement is the entire agreement between you and Licensor relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.