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These license terms are an agreement between you and the Mindjet affiliate applicable
to you. Please read them. They apply to the software that accompanies these license
terms, which includes the media on which you received it, if any. The terms also apply to
any Mindjet updates, supplements and support services for this software, unless other
terms accompany those items. If so, those terms apply.
The Mindjet entity that is applicable to you depends on where you maintain your primary
residence:
Europe (excluding the UK and Ireland), the Middle East or Africa: Mindjet GmbH
UK or Ireland: Mindjet (UK) Ltd.
Japan: Mindjet Co. Ltd. (KK)
Anywhere else, including the United States: Mindjet LLC
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM,
DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO MINDJET OR THE RETAILER
IMMEDIATELY FOR A REFUND OR CREDIT.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH
LICENSE YOU ACQUIRE.
1. OVERVIEW. These license terms permit installation and use of one copy of the
software on one device, along with other rights, all as described below.
2. INSTALLATION AND USE RIGHTS. Before you use the software under a license, you
must assign that license to one device. That device is the “licensed device.” A
hardware partition or blade is considered to be a separate device. You may install
and use one copy of the software on the licensed device. You may install another
copy on a second device for your exclusive use, provided that a copy is never
loaded in the RAM of the second device at the same time it is loaded in the RAM of
the licensed device. You may reassign the license to a different device any
number of times, but not more than one time every 90 days. If you reassign, that
other device becomes the “licensed device.” If you retire the licensed device due
to hardware failure, you may reassign the license sooner.
a. Media Elements and Templates. You may copy and use images,
clip art, animations, sounds, music, shapes, video clips and
templates provided with the software and identified for such use
in maps that you create. Unless otherwise specified in a license
unique to a map or map template you purchase, you may
distribute your maps.
5. SCOPE OF LICENSE. The software is licensed to you, so this agreement only gives
you some rights to use it. Mindjet reserves all other rights. Unless applicable law
gives you more rights despite this limitation, you may use the software only as
expressly permitted in this agreement. You may not
• make more copies of the software than specified in this agreement or allowed
by applicable law;
6. BACKUP COPY. You may make one backup copy of the media. You may use it only
to reinstall the software.
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7. DOCUMENTATION. Any person that has valid access to your computer or internal
network may copy and use the documentation for your internal, reference
purposes.
9. EXPORT RESTRICTIONS. The software is subject to United States export laws and
regulations. You must comply with all domestic and international export laws and
regulations that apply to the software. These laws include restrictions on
destinations, end users and end use.
10.SUPPORT SERVICES. Mindjet provides free online support services for the software
as described at www.mindjet.com/us/support/support_center/index.php. Mindjet
provides additional support services, including telephone support, for an additional
fee. Paid maintenance and support services are described at
www.mindjet.com/pdf/eng/Mindjet_Support_Guide.pdf. The terms of these
maintenance and support services may be updated from time to time by Mindjet.
Legal terms related to paid maintenance and support services are set forth at
http://www.mindjet.com/legal/terms-maintenance-support. In particular, please
note that by purchasing maintenance and support, you consent to Mindjet
automatically renewing your maintenance and support subscription annually and
invoicing you (or charging your credit card, as applicable) annually for such
renewal.
12.GOVERNING LAW. If you obtained your license in Europe (excluding the UK and
Ireland), the Middle East or Africa, this agreement shall be governed by the laws of
Germany. If you obtained your license in the United Kingdom or Ireland, this
agreement shall be governed by the laws of the United Kingdom. If you obtained
your license in Japan, this agreement shall be governed by the laws of Japan. If
you obtained your license anywhere else, these Terms shall be governed by the
laws of the State of California. This agreement will not be governed by the conflict
of law rules of any jurisdiction or the United Nations Convention on Contracts for
the International Sale of Goods, the application of which is expressly excluded.
13.LEGAL EFFECT. This agreement describes certain legal rights. You may have
other rights under the laws of your state or country. You may also have rights with
respect to the party from whom you acquired the software. This agreement does
not change your rights under the laws of your state or country if the laws of your
state or country do not permit it to do so.
14.LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MINDJET
AND ITS RESELLERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR
THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING
CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to (i) anything related to the software, services, content
(including code) on third party Internet sites, or third party programs, and (ii)
claims for breach of contract, breach of warranty, guarantee or condition, strict
liability, negligence, or other tort to the extent permitted by applicable law. It also
applies even if (i) repair, replacement or a refund for the software does not fully
compensate you for any losses, or (ii) Mindjet knew or should have known about
the possibility of the damages. Some countries and states do not allow the
exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
15.LIMITED WARRANTY. Except with respect to the trial version and software in
Viewer status, Mindjet warrants that the media on which the software is
distributed, if applicable, will be free from defects, and that the software shall
perform substantially as described in its documentation for a period of sixty (60)
days from purchase unless otherwise required by applicable law. Your sole remedy
in the event of a breach of this warranty will be that Mindjet will replace any
defective media returned to Mindjet within the warranty period. THE ABOVE
WARRANTY APPLIES ONLY TO THE SOFTWARE, AND NOT TO THE TRIAL VERSION
OR TO THE VIEWER, AND IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
17.PUBLICITY. Mindjet may use your corporate logo on client lists in various forms
(e.g., a printed list, an online list, etc.) and in other marketing materials, for the
sole purpose of identifying you (or your employer, as the case may be) as a
customer of Mindjet. In any use of your logo, we will comply with any logo usage
guidelines that you may provide and we will promptly fix any defect that you bring
to our attention. Mindjet may use your name, logo, website link, quote, and any
other information that you may provide to develop case studies, press releases,
and other marketing pieces in any form (e.g., print, audio, video, and other
formats) that pertain to your use of Mindjet products or services. Mindjet may
publish and freely distribute all such information, quote(s) or input. Mindjet will
never broadly publish your individual contact information (i.e., it will not appear on
our customer list or in a case study) without your prior written consent. Mindjet is
not obligated to publish or otherwise use any information or logo that you may
provide. The rights that you grant to Mindjet are without any fee or royalty.
18.SHARE FUNCTIONALITY.
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entitled – by way of re-performance and at its own discretion – to
repair or replace the software. If this fails, you are entitled to a
reduction of the purchase price (reduction) or to cancel the
purchase agreement (rescission).
20.http://www.mindjet.com/legal/thirdpartyreadme