END-USER LICENSE AGREEMENT FOR MySmartPlans
IMPORTANT PLEASE READ THE TERMS AND
CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS
PROGRAM INSTALL: Marathon Digital Service’s End-User License Agreement
("EULA") is a legal agreement between you (either an individual or a
single entity) and Marathon Digital Services, Inc. for the Marathon Digital
Services, Inc. software product(s) identified above which may include
associated software components, media, printed materials, and
"online" or electronic documentation ("SOFTWARE PRODUCT").
By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to
be bound by the terms of this EULA. This license agreement represents the
entire agreement concerning the program between you and Marathon Digital
Services, Inc., (referred to as "licenser"), and it supersedes any
prior proposal, representation, or understanding between the parties. If you do
not agree to the terms of this EULA, do not install or use the SOFTWARE
PRODUCT.
The SOFTWARE PRODUCT is protected by
copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not
sold.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
Marathon Digital Services, Inc. grants you the right to install and use copies
of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the
operating system for which the SOFTWARE PRODUCT was designed [e.g., Windows 95,
Windows NT, Windows 98, Windows 2000, Windows 2003, Windows XP, Windows ME,
Windows Vista].
(b) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup
and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND
LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the
SOFTWARE PRODUCT.
(b) Distribution.
You may not distribute registered copies of the SOFTWARE PRODUCT to third
parties. Evaluation versions available for download from Marathon Digital
Services, Inc.'s websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT,
except and only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation.
(d) Rental.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
Marathon Digital Services, Inc. may provide you with support services related
to the SOFTWARE PRODUCT ("Support Services"). Any supplemental
software code provided to you as part of the Support Services shall be
considered part of the SOFTWARE PRODUCT and subject to the terms and conditions
of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
3. TERMINATION
Without prejudice to any other rights, Marathon Digital Services, Inc. may
terminate this EULA if you fail to comply with the terms and conditions of this
EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in
your possession.
4. COPYRIGHT
All title, including but not limited to copyrights, in and to the SOFTWARE
PRODUCT and any copies thereof are owned by Marathon Digital Services, Inc. or
its suppliers. All title and intellectual property rights in and to the content
which may be accessed through use of the SOFTWARE PRODUCT is the property of
the respective content owner and may be protected by applicable copyright or
other intellectual property laws and treaties. This EULA grants you no rights
to use such content. All rights not expressly granted are reserved by Marathon
Digital Services, Inc..
5. NO WARRANTIES
Marathon Digital Services, Inc. expressly disclaims any warranty for the
SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express
or implied warranty of any kind, including but not limited to any warranties of
merchantability, noninfringement, or fitness of a particular purpose. Marathon
Digital Services, Inc. does not warrant or assume responsibility for the
accuracy or completeness of any information, text, graphics, links or other
items contained within the SOFTWARE PRODUCT. Marathon Digital Services, Inc.
makes no warranties respecting any harm that may be caused by the transmission
of a computer virus, worm, time bomb, logic bomb, or other such computer
program. Marathon Digital Services, Inc. further expressly disclaims any
warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall Marathon Digital Services, Inc. be liable for any damages
(including, without limitation, lost profits, business interruption, or lost information)
rising out of 'Authorized Users' use of or inability to use the SOFTWARE
PRODUCT, even if Marathon Digital Services, Inc. has been advised of the
possibility of such damages. In no event will Marathon Digital Services, Inc.
be liable for loss of data or for indirect, special, incidental, consequential
(including lost profit), or other damages based in contract, tort or otherwise.
Marathon Digital Services, Inc. shall have no liability with respect to the
content of the SOFTWARE PRODUCT or any part thereof, including but not limited
to errors or omissions contained therein, libel, infringements of rights of
publicity, privacy, trademark rights, business interruption, personal injury,
loss of privacy, moral rights or the disclosure of confidential information.