End User License Agreement for MyThoughts for Mac

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS SOFTWARE INSTALL. BY INSTALLING THIS SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.

• GENERAL

• • The enclosed computer program (The "Software") is Licensed, not sold, to you by Mode de Vie Limited ("Mode de Vie") for use only under the terms and conditions of this End User License Agreement (“EULA”), and Mode de Vie reserves any rights not expressly granted to you. You own the compact disk on which the Software is recorded or fixed, but the Software is owned by Mode de Vie Limited and is protected by the Copyright Laws of the United Kingdom and International Copyright Treaty Provisions.

• • The Copyright Restrictions of this EULA extend to any further updates, software patches, or bug fixes made available to you by Mode de Vie, whether distributed on compact disk, or in an electronic format via download, BBS, forum, ftp, e-mail, etc.

• • Purchasing a Single User License allows you to install and use one copy of The Software (whether trial or full version) on a single computer at a time. You may not make The Software available over a network.

• • Purchasing a five License “Family Pack” means you may use one License per single computer within your household to a maximum of five computers. By “Household” we mean a person or persons who share the same housing unit such as a home, apartment, mobile home or condominium, but shall also extend to student members who are primary residents of that household but residing at a separate on-campus location. The Family Pack License does not extend to business or commercial users. You may not make The Software available over a network.

• • To "use" The Software means that the Software is either loaded in the temporary memory (i.e., RAM) of a computer, or installed on the permanent memory of a computer (i.e., hard disk, compact disk, etc.).

• • The Software is protected by the Copyright Laws of the United Kingdom and International Copyright Treaty Provisions.

• • You may make one copy of The Software in machine readable form solely for backup purposes. As an express condition of this EULA, you must reproduce, on the backup copy, the Mode de Vie Copyright Notice in the following format:"(C) 2007-2009 Mode de Vie Ltd."

• • The Software contains copyrighted material, trade secrets and other proprietary material and we retain all intellectual property rights in the software. In order to protect these rights, you may not decompile, reverse engineer, disassemble or otherwise reduce the software to a human-perceivable form. You may not separately publish, sell, market, distribute, lend, lease, rent, sublicense or create derivative works based upon The Software in whole or in part.

• • NFR (Not for Resale) Copies. Notwithstanding other sections of this License, when provided to you on a promotional basis The Software may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.

• • Academic Copies. If The Software has been supplied at an academic discount, you must be an Eligible Educational End User to use The Software. "Eligible Educational End Users" means students, faculty, staff and administration attending and/or working at an educational institutional facility (i.e., college campus, public or private K-12 schools). The Education Site License Terms given below apply.

• • Updates. If an Update to The Software completely replaces (full install) a previously licensed version of The Software, you may not use both versions of The Software at the same time nor may you transfer them separately.

• • Mode de Vie offers a free fully functional trial of The Software enabling you to decide it’s suitability for your needs prior to purchase. Once a License is purchased it is non-refundable.

• TERMINATION

• • • This License is effective until terminated. Your rights under this License will terminate automatically without notice from Mode de Vie if you fail to comply with any term(s) of this License or it is later discovered that your purchase of The Software was made fraudulently. Upon the termination of this License, you shall cease all use of The Software and destroy all copies, full or partial, of The Software.LIMITED WARRANTY

• • Mode de Vie warrant that The software will provide the features and functions generally described in the product specification on the website when you purchased it and in the product documentation.

• • Mode de Vie has taken all reasonable steps to keep The Software free of bugs, viruses, spyware, "back door" entrances or any other harmful code. Mode de Vie will not track or collect any information about you, your data, or your use of The Software except as you specifically authorize. The Software will not download or install patches, upgrades or any third party software without first obtaining your permission. Unless 2.1.1 applies, Mode de Vie will not intentionally deprive you of your ability to use any features of The Software or access to your data.

• DISCLAIMER OF WARRANTY ON SOFTWARE

• • You expressly acknowledge and agree that use of the software is at your sole risk. The Software and related documentation is provided "AS IS" and without warranty of any kind outside of the "Limited Warranty" stated above.

• • You acknowledge that Mode de Vie makes no representations or warranties with regard to any web sites or information displayed by or accessed through The Software, Documentation and Websites. You acknowledge and agree that Mode de Vie is not responsible for examining or evaluating the content or accuracy, completeness, currency, validity or quality of any such third-party material. Mode de Vie does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Mode de Vie is not in any way responsible for any such use by you. Mode de Vie, and its officers shall not, directly or indirectly, be liable, in any way, to you or any other person for the content you use, receive or view using the Software or Services, or for any inaccuracies, errors in or omissions from the content.

• LIMITATIONS ON LIABILITY

• • UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MODE DE VIE LIMITED BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SOFTWARE OR RELATED DOCUMENTATION. To the fullest extent permitted by applicable law, we disclaim all liability for indirect or consequential damages that arise under this License Agreement.

• GENERAL PROVISIONS

• • If any part of this agreement is found to be invalid or unenforceable, the remaining terms will stay in effect. This agreement does not prejudice the statutory rights of any party dealing as a consumer.

• GOVERNING LAW

• • This EULA is governed by English Law and is subject to the jurisdiction of the English Courts.

EDUCATION SITE LICENSE AGREEMENT TERMS

IMPORTANT: WHEN THE SOFTWARE HAS BEEN SUPPLIED UNDER THE TERMS OF OUR EDUCATION SITE LICENSE AGREEMENT, WHERE CONFLICT WITH THE TERMS OF THE EULA OCCURS, THE FOLLOWING LICENSE AGREEMENT TERMS SHALL APPLY.

• Construction. This section of the License will supersede the terms of the EULA only to the extent this License is inconsistent with the EULA. Otherwise, the EULA terms and conditions govern the use of the software and are incorporated herein by reference.

• Permitted Uses. Subject to prior payment to Mode de Vie or it’s authorized reseller of any applicable fees and compliance with the terms of this License, including any amendments, appendices, or exhibits, and provided the software may only be used by enrolled students, faculty, teaching assistants and administrators at a single site (“the SIte”) which you govern and which is directly responsible for teaching students or providing administrative support to educational institutes, Mode de Vie grants a nontransferable, nonexclusive limited right to:

• • install and uses the software on no more than the number of computers agreed and detailed on the purchase receipt at any one time or;

• • install one copy of the software on a common storage device that supports multiple computers, provided it cannot be accessed by than the number of computers agreed and detailed on the purchase receipt at any one time and;

• • make copies of the software in machine-readable form for backup purposes only in a quantity not to exceed the number of installations authorized. You must ensure that each user who has access to any installation of the software is aware of and complies with the EULA’s terms, and you will be deemed in breach of this License if any user of an installation fails to adhere to the EULA.

• Termination. If you breach any term of this License and such breach by you continues for more than thirty (30) days after written notice provided by Mode de Vie of such breach, Mode de Vie may terminate this License by written notice to you. You may terminate this License at any time by providing written notice to Mode de Vie. If this License terminates for any reason, Mode de Vie is not obligated to return any fees paid by you to Mode de Vie, all your rights granted herein and under the EULA shall immediately cease, and you shall promptly verify in writing that all copies and installations of the software under this License have been removed from the computers on which they were installed.

• Complete Agreement. This License and the EULA constitute the entire agreement with respect to the use of the Software in accordance with their terms and supersede all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Mode de Vie.