Monkey Byte Development License
Monkey Byte Development, llc
LIMITED USE SOFTWARE LICENSE AGREEMENT
P.O.Box 15959
San Luis Obispo, CA, 93406-5959
This Limited Use Software License Agreement (this "Agreement") is a legal
agreement between you, the end-user, and Monkey Byte Development, llc.
("MBD"). BY CONTINUING THE INSTALLATION OF THIS SOFTWARE, BY LOADING OR
RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO ANY STORAGE
MEDIUM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. GRANT OF LICENSE
MBD, having rights to the software accompanying this license (the "Software"),
hereby grants to you a non-exclusive limited right of use for the Software in
executable or object code form only, and only for non-commercial, personal
purposes. "Software" includes all elements of the distribution, such as (but
not limited to) data files and screen displays. The Software may not be sent
into (or to a national or resident of) any country to which the U.S. has
embargoed goods or to anyone or into any country who/which are prohibited, by
applicable law, from receiving such property. You are not receiving any
ownership, title or interest in or to the Software, copyrights, trademarks or
other rights belonging to MBD.
2. NO WARRANTIES.
MBD DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE WITH RESPECT TO THE SOFTWARE. MBD DOES NOT WARRANT THAT THE OPERATION
OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL
MEET YOUR SPECIFIC OR GENERAL REQUIREMENTS. IN NO EVENT WILL MBD, IT'S
OFFICERS, AGENTS, OR EMPLOYEES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT ARE IN ANY WAY RELATED TO THIS
SOFTWARE.
3. PROHIBITIONS
Whether directly or indirectly, you are prohibited from doing any and all of
the following:
3a. rent, lease, or sell the Software
3b. distribute the Software (except by electronic means, as permitted by
section 4.) including, but not limited to direct mail, retail, mail
order or other means
3c. disassemble, reverse engineer, decompile, or alter the software
3d. reproduce or copy the Software (except as permitted by section 4.)
3e. commercially exploit the Software, or use the Software for any
commercial purpose in any manner and through any medium whatsoever
3f. prepare or develop derivative works based upon the Software or any MBD
property.
4. PERMITTED DISTRIBUTION AND COPYING
Distribution in any form is PROHIBITED. If you would like to distribute a demo
version of the product, please contact our offices at the address above or
send e-mail to with subject title "DISTRIBUTION
REQUEST".
5. COPYRIGHTS AND TRADEMARKS
The Software and all copyrights, trademarks and all other intellectual
property rights related to the Software are owned by MBD and are protected by
United States copyright laws, international treaty provisions and other
applicable law. The Software must be treated like any other copyrighted
material; you agree to use your best efforts to see that any user of the
Software licensed hereunder complies with this Agreement. You agree that you
are receiving a copy of the Software by license only and not by sale and that
the "first sale" doctrine of 17 U.S.C. section 109 does not apply to your
receipt or use of the Software.
6. APPLICABLE LAW
This Agreement shall be construed in accordance with and governed by the laws
of the State of California and U.S. federal law. Copyright and other
proprietary matters will be governed by United States laws and international
treaties.
7. ASSIGNMENT OF RIGHTS
Neither this Agreement nor any part or portion hereof shall be assigned or
sublicensed by you. MBD may assign its rights under this Agreement at its sole
discretion.
8. TERMINATION
If you fail to comply with any term of this Agreement, your license is
automatically terminated. In the event this Agreement is terminated, you shall
have no right to use the Software, in any manner and you shall immediately
destroy all copies of the Software in your possession or control. You agree
that any unauthorized use of any MBD property, in whole or in part, would
immediately and irreparably damage MBD such that MBD could not be adequately
compensated by an award of monetary damages. You also agree that in the event
of such threatened or actual unauthorized use MBD shall be entitled to an
injunctive order appropriately restraining and/or prohibiting such
unauthorized use without the necessity of MBD posting bond or other security.
9. ENTIRE AGREEMENT
This agreement contains the entire agreement of the parties, and there are no
other promises or conditions in any other agreement whether written or oral.
Should any provision of this Agreement be held to be void, invalid,
unenforceable or illegal by a court, the validity and enforceability of the
other provisions shall not be affected thereby. If any provision is determined
to be unenforceable, you agree to a modification of such provision to provide
for enforcement of the provision's intent, to the extent permitted by
applicable law. Failure of MBD to enforce any provision of this Agreement
shall not constitute or be construed as a waiver of such provision or of the
right to enforce such provision.