Mondo! E-Journal 1.1

EULA - End User License Agreement

Mondo! Evaluation Installation

THIS IS NOT FREE SOFTWARE.

It is an opportunity to try our product before you buy. We are making Mondo! available to try for 30 days. If you enjoy Mondo! and want to continue using all the features, then you will need to visit our web site at http://www.myworldsoftware.com and purchase a permanent license. When you make the purchase through our online store, we will email you an activation code which when entered into your copy of Mondo! will convert it from an evaluation copy to a fully licensed, full featured copy registered to you.

If you choose not to purchase Mondo! then certain features will be locked after 30 days and you will be unable to:

- create new accounts
- save new entries
- print any entries youve already created
- export any entries to HTML
- add new events to the Calendar

Thank you for trying Mondo!

My World Software, Inc.

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END USER LICENSE AGREEMENT

My World Software, Inc. ("LICENSOR") LICENSES THE ENCLOSED SOFTWARE TO YOU ONLY IF YOU ACCEPT ALL OF THE TERMS IN THIS LICENSE AGREEMENT ("AGREEMENT"). THIS END USER LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU, THE USER, INDIVIDUAL OR ENTITY, ("USER") AND THE LICENSOR. PLEASE READ THE TERMS CAREFULLY BEFORE YOU INSTALL THE SOFTWARE, BECAUSE BY INSTALLING THIS SOFTWARE YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, LICENSOR WILL NOT LICENSE THIS SOFTWARE TO YOU, AND YOU MAY NOT ACCESS, USE OR INSTALL ANY PART OF THIS SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS, YOU SHOULD RETURN THIS PRODUCT PROMPTLY FOR A FULL REFUND (CONTACT MY WORLD SOFTWARE, INC. FOR RETURN DETAILS).

1. OWNERSHIP OF THE SOFTWARE

The enclosed Licensor software program ("Software") and the accompanying written materials are owned by Licensor or its suppliers and are protected by United States intellectual property laws, by laws of other nations, and by international treaties. All rights not granted by this license are specifically reserved by Licensor.

2. GRANT OF LICENSE AND RESTRICTIONS ON USE

a. This license provides the user with limited, non-exclusive use of this Software.

b. Licensor grants to you, the user, the right to use one copy of the Software on a single computer. You may load one copy into permanent memory of one computer and may use that copy only on that same computer. You may not use or transfer the Software over a network.

c. You, the user, may not copy the Software, except that (1) you may make one copy solely for backup or archival purposes, and (2) you may transfer the Software to a single hard disk provided that you keep the original solely for backup or archival purposes.

d. You, the user, may permanently transfer the Software to another person if you retain no copies and the transferee agrees to be bound by the terms of this Agreement. Such a transfer terminates your license. You may not rent or lease the Software or otherwise transfer or assign the right to use the Software, except as stated in this paragraph.

e. You may not reverse engineer, decompile, or disassemble the Software.

3. LIMITED WARRANTY

a. Licensor warrants that the Software will perform satisfactorily for a period of ninety (90) days from the date of your receipt of the Software. Any implied warranties on the Software are limited to ninety (90) days.

b. LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF , MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

c. This Limited Warranty is void if failure of the Software has resulted from modification, accident, abuse, or misapplication. This Limited Warranty is void if any of the terms of this Agreement have been violated.
4. LIMITATION OF LIABILITY

a. LICENSORS ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT LICENSORS CHOICE, EITHER (A) RETURN OF THE PRICE PAID OR (B) REPLACEMENT OF THE SOFTWARE THAT DOES NOT MEET LICENSORS LIMITED WARRANTY AND WHICH IS RETURNED TO LICENSOR WITH A COPY OF YOUR RECEIPT. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.

b. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES, INCLUDING INCIDENTAL, CONSEQUENTIAL OR PUNATIVE DAMAGES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE FROM ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, DAMAGES TO OTHER SOFTWARE OR HARDWARE OR INCIDENTAL OR CONSEQUENTIAL DAMAGES THERETO.

c. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES, INCLUDING INCIDENTAL, CONSEQUENTIAL OR PUNATIVE DAMAGES ARISING OUT OF THIS AGREEMENT.

5. INDEMNIFICATION

You, the user, agree to indemnify, hold harmless and defend Licensor and its employees, officers, agents and/or shareholders against any action, cause or claim, including reasonable costs and attorneys fees, asserted by any person, arising out of or relating to your use of this Software.

6. WAIVER AND SEVERABILITY

No failure, delay in exercising or enforcing any right or remedy hereunder by Licensor shall constitute a waiver of any other right or remedy or future exercise thereof.
If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.

7. ACCEPTABLE USE

You, the user, are solely responsible for any and all acts and omissions that occur through your use of this Software, and you agree not to engage in any unlawful or otherwise unacceptable use of this Software that may be deemed to be in conflict with the spirit or intent of this Agreement. This Software is intended to assist the user in the making of personal e-journals and scrapbooks composed of original media and expressions, public domain materials and otherwise legally obtained media.
You agree not to use this Software to compile, transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of anothers privacy, hateful, or racially, ethnically or otherwise objectionable. You agree not to use this Software in any manner that might harm minors in any way. You agree not to use this Software to transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships.
You agree not to use this Software to compile, transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or to intentionally or unintentionally violate any applicable local, state, national or international law, including securities exchange and any regulations requirements, procedures or policies. As a condition of using this Software, you agree that you must not use the Software to infringe the intellectual property or other rights of others, in any way. The unauthorized reproduction, distribution, modification, public display, communication to the public or public performance of copyrighted works is an infringement of copyright. Users are entirely responsible for their conduct and for ensuring that it complies with all applicable copyright and data-protection laws. In the event a user fails to comply with laws regarding copyrights or other intellectual property rights and data-protection, privacy and obscenity laws, such a user may be exposed to civil and criminal liability.

8. LAW

This Agreement is governed by the laws of the State of Connecticut and the United States of America without reference or giving effect to principles of conflicts of laws. You, the user, hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Connecticut or the federal courts in Connecticut to resolve any disputes arising under this Agreement.