SOFTWARE LICENSE AGREEMENT FOR USE OF GOLDFYNCH FREE EDISCOVERY TOOLS
Commercial use of any of the free eDiscovery tools provided by GoldFynch is NOT permitted.
1. SOFTWARE LICENSE AGREEMENT
This end user license agreement is a legal contract between you and Mazira, LLC (DBA GoldFynch).
The following terms have the following meanings:
Mazira, LLC permits you to use the Product only in accordance with the terms of this License and your rights under this License will terminate automatically without notice if you fail to comply with the terms of this License. Should your rights under this License terminate for any reason you must immediately cease all further use of the Product.
ANY USE OF THIS SOFTWARE IN A COMMERCIAL ENVIRONMENT, AND ANY RESALE OR FURTHER DISTRIBUTION OF THE SOFTWARE, OTHER THAN AS EXPRESSLY AUTHORIZED BY THIS AGREEMENT, CONSTITUTES A BREACH OF THIS AGREEMENT AND MAY VIOLATE APPLICABLE COPYRIGHT LAWS.
2. WARRANTY DISCLAIMER
THIS PRODUCT IS DELIVERED TO YOU 'AS IS' AND WITH ALL FAULTS. MAZIRA, LLC DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THIS PRODUCT. EXCEPT TO THE EXTENT THAT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT BE EXCLUDED OR LIMITED BY LAW, WE MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR OTHER TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PURPOSE. THE PROVISIONS OF THIS SECTION 2 SHALL SURVIVE THE TERMINATION OF THIS LICENSE HOWSOEVER CAUSED.
3. PRODUCT LICENSE
In consideration of you agreeing to abide by the terms of this License and subject to your compliance with the terms of this License, Mazira, LLC grants you a non-exclusive, non-transferable license to use the Product for the following purposes and in the following manner:
4. INTELLECTUAL PROPERTY RIGHTS
The Product contains intellectual property of Mazira, LLC and is protected by law. You acknowledge that all intellectual property rights in the Product anywhere in the world belong to Mazira, LLC, that rights in the Product are licensed (not sold) to you, and that you have no rights in, or to, the Product other than the right to use it in accordance with the terms of this License.
5. LIMITATION OF LIABILITY
IN NO CIRCUMSTANCES WILL MAZIRA, LLC BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SAVINGS, LOST INFORMATION, LOSS OF DATA NOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES. THE FOREGOING LIMITATIONS AND EXCLUSION APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. Nothing in this License limits Mazira, LLC's liability to you in the event of death or personal injury resulting from our negligence or for fraud. The provisions of this section 5 shall survive the termination of this License howsoever caused.
6. LAW AND JURISDICTION
This License and any dispute or claim arising out of or in connection with it or its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Iowa law and submitted to the non-exclusive jurisdiction of the Iowa courts and judicial system.