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This License Agreement is a legal agreement between you (either an individual or legal entity) and us, Mountee’s owners (Hop Studios) in Vancouver, B.C., Canada, (www.hopstudios.com) for the use of Mountee.
The software program marketed under the name Mountee, together with the Documentation and other related materials pertaining to the Mountee software is licensed, not sold, to you by Mountee’s owners, and Mountee’s owners reserve all rights not expressly granted to you within this license agreement. Under no circumstances shall source code of Mountee be made available to you by Mountee’s owners. The Mountee software and Documentation are collectively referred to as ‘Mountee’.
By downloading, installing, copying or otherwise using all or any portion of the Mountee software you agree to be bound by the terms of this License Agreement. If you do not agree to this License Agreement, do not use the Mountee software. If you purchased Mountee and do not agree to this License Agreement, you may obtain a refund of the purchase price provided that you cease to use the Mountee software.
1. License Grant
Mountee’s owners may, at its sole discretion, grant you a Trial License, and/or a Commercial License. Unless otherwise stated, the Trial License Terms as set out under (A) are applicable to your use of Mountee if you have not purchased or otherwise rightfully obtained a Commercial License for Mountee. The Trial License Terms are also applicable to your use of Mountee on any computers that are not covered under a Commercial License. The Commercial License Terms as set out under (B) are applicable to your use of Mountee if you have rightfully obtained a Commercial License for Mountee.
A. Trial License Terms
Mountee’s owners grant you a non-exclusive, non-transferable license to use Mountee for time-limited evaluation purposes, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend Mountee to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void. Mountee may be used for 14 days from the first time you run Mountee. Upon lapse of such period all of or part of the functionality of Mountee will be disabled automatically. Mountee’s owners may, at its sole discretion, decide to prolong the tryout period and will inform you thereof via the website www.hellomountee.com or by contacting you by email, by phone or in writing. If you wish to use Mountee after the tryout period, you will need to purchase a Commercial License.
B. Commercial License Terms
Mountee’s owners grant you a non-exclusive license to use Mountee, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend Mountee to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void.
A Commercial License grants you permission to install the Mountee application one person’s computer(s) i.e. a computer that they are the primary and majority user of, such as a laptop, a home computer, a backup computer. A license may not be used by more than one person at a time. A Commercial License also grants you permission to install the Mountee add-on files on one production (i.e. live) installation of ExpressionEngine, and any development sites related to it. Additional add-on licenses are required if you would like to install the add-on files on multiple live ExpressionEngine installations. For the purposes of these terms, an ExpressionEngine site running Multi Site Manager counts as one site.
2. General Terms
These General Terms are applicable on the Trial License and the Commercial License.
Copyright And Restrictions
Copyright and other intellectual, industrial and/or proprietary rights to Mountee and to any whole or partial copies that you make are owned by Mountee’s owners or its licensors. Mountee’s owners permit you to use Mountee only in accordance with the terms of this License Agreement. All rights not specifically granted by Mountee’s owners are reserved by Mountee’s owners. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of Mountee except for those uses allowed in this License Agreement. Mountee’s owners are willing to provide you the necessary information to be able to perform tasks regarding compatible programming at reasonable terms. You agree not to remove any label indicating that Mountee is the subject of copyright and other intellectual, industrial or proprietary rights of Mountee’s owners and/or third parties.
Limitation Of License Validity
Any license to use Mountee granted to you under this License Agreement is limited to the release of Mountee which you rightfully obtained on the basis of this License Agreement. Mountee’s owners may offer free updates to Mountee. Mountee’s owners do not guarantee that any other releases of Mountee will be made available to you free of charge or that your rights under this License Agreement will automatically be applicable to any future releases of Mountee.
Fees may apply for additional services and products offered by Mountee’s owners and others, including, but not limited to, services that integrate with Mountee or extend the functionality of Mountee.
Mountee’s owners are providing you Mountee on an “as-is” basis without warranty of any kind. Mountee’s owners do not and cannot warrant the performance or results you may obtain by use of Mountee. Mountee’s owners do not and cannot warrant that Mountee operates error-free.
The above warranty does not apply if the Mountee software a) has been altered, except by Mountee’s owners, b) has not been installed, operated, repaired or maintained in accordance with the instructions supplied by Mountee’s owners.
Limitation Of Liability
To the maximum extent permitted by applicable law, Mountee’s owners are not liable to you or to any third party for any damages, either direct, indirect, incidental, consequential or otherwise (including in each case, but not limited to damages rising from inability to use Mountee or access data, loss of data, loss of business, loss of profits, business interruptions or the like) arising out of the use or inability to use Mountee even if Mountee’s owners have been advised of the possibility of such damages. In no event shall Mountee’s owners’ total liability to you exceed the amount of 39 Dollars ($ 39.-) or the amount for which you purchased a Mountee Commercial License or Site License if less than $ 39. If you purchased your license in another currency, a fair estimation of the purchase price will be made by Mountee’s owners or its subsidiaries. Notwithstanding the above, or anything else contained in this License Agreement, neither party’s liability for death or personal injury resulting from its own negligence shall be limited. Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
This agreement shall be governed, interpreted and enforced in accordance with applicable laws of Vancouver, B.C., Canada and exclusive jurisdiction shall be in the appropriate Canadian federal courts. If you are a state or municipal entity and legally or constitutionally cannot agree to this Governing Law provision, it is hereby waived.
Limitation Of Support
Mountee’s owners will make an effort to provide you with email support pertaining to your use of Mountee. Said support will be limited to topics within the domain of basic usage of Mountee. Mountee’s owners are not required to offer you general advice on technologies underlying or related to Mountee. Mountee’s owners reserve the right to cease offering support of any kind pertaining to the usage of older releases of Mountee whenever a new release, whether for free or for pay, of Mountee becomes available.
If Mountee is, or in Mountee’s owners’ opinion is likely to become, the subject of a claim of infringement, Mountee’s owners shall have the right, without obligation and at its sole discretion, to: a) procure for you the right to continue to use Mountee; b) replace or modify Mountee in such a way as to make the modified version of Mountee non-infringing; or c) terminate this License Agreement, provided that in the event of such termination, Mountee’s owners shall refund the License fees paid by you on a prorated basis, taking into account the term Mountee has been used or owned, whichever is longer, by you. The foregoing states Mountee’s owners’ and its subsidiaries’ entire liability and obligation to you and your sole remedy with respect to any actual or alleged infringement of intellectual property rights of any kind.
Technical And Related Information
Mountee’s owners and its subsidiaries may collect and use technical and related information, including but not limited to technical information concerning your computer, system and application software. Mountee’s owners and its subsidiaries are free to use this information in any form that does not personally identify you or your computer. Any collection of technical and related information by Mountee’s owners and its subsidiaries shall be limited in such a manner that Mountee’s owners and its subsidiaries will not be capable to reconstruct the contents of files and folders you use from within Mountee or any other personal files and folders that are accessible to Mountee when you use Mountee.
Mountee’s owners may issue a License Code or License Key to you, which you may need to activate Mountee under the terms of the Commercial License. Mountee’s owners and its subsidiaries and distributors may link said License Code or License Key to you personally. Any given License Code or License Key is considered for your usage only and may not be distributed, published or otherwise communicated to third parties by you, unless permission to do so is granted to you in writing by Mountee’s owners.
Third Party Software Licenses
Mountee may make use of third party software components. Notwithstanding the foregoing, use of some third party materials included in the Mountee software may be subject to other terms and conditions. The official copyright notices and specific license conditions of such third party software components are to be found further down this page. You hereby agree to the terms and conditions for any and all such third party software components.