This License Agreement ("Agreement") is a legal agreement between Woodman Designs ("Licensor"), a Canadian company, principally located at 120C Beckwith St. E., Perth, Ontario, Canada K7H 1E1 and you, the user ("Licensee").
This Agreement covers all materials associated with SoapMaker, including the software product in object code format either downloadable or provided on CD or DVD media, electronic documentation files, and any additional supporting electronic files (collectively, "SoapMaker ").
1. GRANT OF LICENSE
Licensor hereby grants to you, and you accept, a nonexclusive, non-assignable and non-transferable license to use SoapMaker on one or two computers owned, leased, or otherwise controlled by you for your personal or business purposes, and only as authorized in this License Agreement.
2. LICENSOR'S RIGHTS
Licensee acknowledges and agrees that SoapMaker is proprietary to Licensor and protected under international copyright law. Licensee further acknowledges and agrees that all right, title, and interests in and to SoapMaker, including associated intellectual property rights, are and shall remain with Licensor. This License Agreement does not convey to Licensee an interest in or to SoapMaker, but only a limited right of use that may be revoked in accordance with the terms of this License Agreement. Any and all moral rights in SoapMaker are hereby reserved exclusively to and for the benefit of the Licensor and nothing in this Agreement shall be construed or interpreted as a waiver by the Licensor of its moral rights in SoapMaker.
3. OTHER RESTRICTIONS
You may install SoapMaker on one or two computers for your own use. You may make a copy of the SoapMaker CD or downloadable installation package only for backup purposes. This License Agreement does not grant Licensee the right to grant further licenses of SoapMaker, and Licensee shall not grant any such license. Licensee may not rent, lease or lend SoapMaker. Licensee shall not reverse engineer, disassemble, decompile or otherwise attempt to discover the source code of SoapMaker or any portion of it.
4. NO WARRANTY; LIMITATION OF LIABILITY
Licensee acknowledges that SoapMaker is provided on an "as is" basis without warranty of any kind. Licensor makes no representations or warranties, express, implied or statutory, regarding the use or performance of SoapMaker. Licensor expressly disclaims the warranties of merchantability and fitness for a particular purpose. Licensor shall have no liability to licensee or any third party for any loss or damage caused, directly or indirectly, by SoapMaker, including, but not limited to, any unsatisfactory soap or other products made, loss of business, loss of data, or special, consequential or incidental damages.
5. GOVERNING LAW
This License Agreement shall be construed and governed in accordance with the laws of the Province of Ontario, Canada, excluding the application of its conflict of laws rules.
6. COSTS OF LITIGATION
If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
Should any court of competent jurisdiction declare any term of this License Agreement void or unenforceable, such declaration will have no effect on the remaining terms hereof.
8. NO WAIVER
The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
Subject to the terms and conditions of this Agreement, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns.
The ownership rights of the Licensor set out in Section 2 of this Agreement, and Section 5 of this Agreement, shall continue in force even after any termination of the Agreement.
11. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof.