MetaFind 1.0

EULA - End User License Agreement

This MetaFind Software (MS) End-User License Agreement ("EULA") is a legal agreement between you ("you") and MS for the software product ("Shareware") mentioned above. By installing, copying, or otherwise using the Shareware, you agree to be bound by the terms of this EULA. The Shareware is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Shareware is licensed, not sold.

1. GRANT OF LICENSE: This EULA grants you the following rights:

· Installation and Use: You may install and use an unlimited number of copies of the Shareware. Any copies of the Shareware which this License authorizes you to make are subject to this EULA. You may use the Shareware at no charge for a thirty (30) day evaluation period, after which a license must be purchased for continued use.

· Reproduction and Distribution: You may freely reproduce and distribute copies of the unlicensed trial version of the Shareware. You may not reproduce and distribute copies of the licensed version of the Shareware without the express written concent of MS.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:

· Limitations on Reverse Engineering, Decompilation, and Disassembly: You may not reverse engineer, decompile or disassemble the Shareware except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

· Support Services: MS will not provide you with support services ("Support Services") related to the Shareware.

· Shareware Transfer: You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.

· Termination: Without prejudice to any other rights of MSs, your rights under this EULA will terminate automatically without notice from MS if you fail to comply with any term(s) of this EULA. In such event you must destroy all copies of the Shareware and any related materials.

3. COPYRIGHT: All right, title and interest in and to the Shareware (including the copyrights in the Shareware and including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Shareware), the accompanying printed materials (if any), and any copies of the Shareware are owned by MS. The Shareware is protected by copyright laws and international treaty provisions. Except as permitted by applicable law and this License, you may not modify, rent, lease, loan, sublicense, or create derivative works from the Shareware.

Some source textures have been used which are created by CGTextures.com. Permission to use these specific textures has been granted to MetaFind Software. Textures downloaded from CGTextures.com may not be redistributed by default.

4. Disclaimer of Warranty on Shareware. You expressly acknowledge and agree that use of the Shareware is at your sole risk. The Shareware is provided "AS IS" and without warranty of any kind and MS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE Shareware WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE Shareware WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE Shareware WILL BE CORRECTED. FURTHERMORE, MS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE Shareware OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MS OR AN AUTHORIZED REPRESENTATIVE OF MSS SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE Shareware PROVE DEFECTIVE, YOU (AND NOT MS OR AN AUTHORIZED REPRESENTATIVE OF MSS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE Shareware REMAINS WITH YOU.

5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MS OR ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS LICENSE, EVEN IF MS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MSS TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID FOR THIS LICENSE TO THE Shareware. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE Shareware REMAINS WITH YOU.

6. Fault Tolerance. The Shareware is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Shareware could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). MS specifically disclaims any express or implied warranty of fitness for High Risk Activities.

7. Export Law Assurances. You may not use or otherwise export or reexport the Shareware except as authorized by United States law and the laws of the jurisdiction in which the Shareware was obtained. In particular, but without limitation, none of the Shareware may be used or otherwise exported or reexported (i) into (or to a national or resident of) a United States embargoed country or (ii) to anyone on the U.S. Treasury Departments list of Specially Designated Nationals or the U.S. Department of Commerces Table of Denial Orders. By using the Shareware, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

8. Government End Users. If the Shareware is supplied to the United States Government, the Shareware is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Governments rights to the Shareware are as provided in clause 52.227-19 of the FAR.

9. MISCELLANEOUS: If for any reason a court of competent jurisdiction finds any provision, or portion of this EULA, to be unenforceable, the remainder of this EULA shall continue in full force and effect. This EULA constitutes the entire agreement between the parties with respect to the use of the Shareware and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless in writing and signed by MS.