1. Grant of License. MyPostageRateSaver ("MyPostageRateSaver") hereby grants you (either an individual person or a single legal entity) a non-exclusive license to use the MyPostageRateSaver software and related documentation (collectively, the "Software") solely in accordance with the terms and conditions of this license agreement ("License"). This License sets forth your rights and responsibilities and other terms and conditions that relate to your use of the Software. Before you use the Software, please read this License as carefully as you would read any other legal document. If you do not agree with all of the terms and conditions of this License, do not use the Software. Your installation or use of the Software means that you have read and agree to all of the terms and conditions of this License.
2. Reservation of Rights. MyPostageRateSaver hereby reserves all rights not expressly granted by this License. Nothing in this License constitutes a sale or grant of any ownership rights in or to the Software.
3. Permitted Use. You may install and/or use one copy of the Software on a single computer. You may make a second copy of the Software to install and/or use on a portable computer for the exclusive use of the primary user of the first copy of the Software. You may make one copy of the Software for archival or "back up" purposes. The Software may not be shared or used concurrently on different computers. You should contact MyPostageRateSaver to obtain a site license if you need to use the Software simultaneously on multiple computers or a network.
4. Prohibited Use. You may not use the Software except as expressly permitted by this License. For example, you may not: (i) copy or reproduce any part of the Software, except as permitted by law or Section 3 of this License; (ii) sublicense, copy, lend, lease, rent, transfer or otherwise make any part of the Software available to any third party, except in accordance with Section 7 of this License; (iii) decompile, reverse-engineer or disassemble the Software or otherwise attempt to obtain the source code of the Software; (iv) alter, translate, adapt or modify the Software in any way; or (v) remove or alter the copyright or trademark notices on the Software.
5. U.S. Government Restricted Rights. The Software is licensed to the U.S. Government with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and the Commercial Computer Software clause at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is MyPostageRateSaver, 15001 Meridian Parkway, Suite A; Riverside, CA 92518.
6. Export Restrictions. You are responsible for complying with all foreign and domestic laws and trade regulations. The Software and its underlying information and technology may not.be downloaded or otherwise exported or re-exported to outside United States. By using the Software you agree to the foregoing and represent and warrant that you are located in United States; and (iii) you will not export or re-export the Software to outside United States.
7. Assignment. You may only assign the Software to another party if that party takes the Software subject to all of the terms and conditions of this License. If you assign the Software, you may not use the Software or retain any copies of it in any format whatsoever and all of your rights under this License will immediately terminate.
8. Term. The term of this License with you will continue until you assign the Software in accordance with Section 7 or you breach any term of this License.
9. LIMITED WARRANTY. MYPOSTAGERATESAVER ONLY WARRANTS THAT THE SOFTWARE WILL BE FREE FROM MATERIAL DEFECTS FOR A PERIOD OF 90 DAYS FOLLOWING ITS PURCHASE. IF A MATERIAL DEFECT OCCURS WITHIN 90 DAYS, YOU MAY RETURN THE SOFTWARE TO MYPOSTAGERATESAVER FOR A FREE REPLACEMENT. THE FOREGOING REMEDY IS YOUR SOLE REMEDY FOR MYPOSTAGERATESAVER’S BREACH OF THIS WARRANTY.
10. DISCLAIMER. WITH THE EXCEPTION OF THE FOREGOING EXPRESS WARRANTY, THE SOFTWARE IS LICENSED TO YOU "AS IS." MYPOSTAGERATESAVER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, ITS USE OR THE WORK PRODUCT PRODUCED USING THE SOFTWARE: (i) WILL BE UNINTERRUPTED OR FREE OF INACCURACIES OR ERRORS; (ii) WILL MEET YOUR REQUIREMENTS; (iii) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR OTHER SOFTWARE YOU MAYSELECT OR (iv) WILL ACCURATELY PORTRAY THE TOPICS THAT THE SOFTWARE IS INTENDED TO TEACH. MYPOSTAGERATESAVER HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
11. EXCLUSION. MYPOSTAGERATESAVER WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SOFTWARE, REGARDLESS OF THE NATURE OF THE CLAIM, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. LIMITATION. IN NO EVENT WILL MYPOSTAGERATESAVER’S TOTAL LIABILITY FOR DAMAGES ARISING FROM, RELATING TO OR CONNECTED WITH THIS LICENSE OR THE SOFTWARE EVER EXCEED THE PRICE YOU HAVE PAID FOR THE SOFTWARE, REGARDLESS OF THE NATURE OF THE CLAIM.
13. APPLICABILITY OF EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS MAY NOT PERMIT CERTAIN OF THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS LICENSE, IN WHICH CASE THEY MAY NOT APPLY TO YOU.
14. Miscellaneous. This License is governed by the law of California applicable to contracts entered into and performed entirely within California irrespective of its conflict of laws principles. Any action arising under, relating to or connected with this License or the use of the Software will be filed only in an appropriate court located in Los Angeles County, California, and the parties irrevocably consent and submit to the exclusive personal jurisdiction of such courts for such purposes. The Section titles in this License are for convenience only and will not be deemed to affect the provisions of the Sections. No waiver, amendment, supplementation or modification of any provision of this License will be effective, except pursuant to a written instrument signed by both parties. Any valid waiver made hereunder will only apply to the subject matter expressly set forth in such waiver. In the event that any portion of this License is held invalid or unenforceable, such portion will be deemed modified so as to make it valid and enforceable, consistent with the parties’ intentions or if it cannot be so modified, will be deemed stricken, with the remaining portions of this License to remain in full force and effect. This License constitutes the entire understanding and agreement, and supersedes any and all prior or contemporaneous representations, understandings and agreements, between the parties with respect to the subject matter of this License. Nothing contained in this License will be deemed to create a joint venture or partnership between you and MyPostageRateSaver, or to create any third party rights. This License is binding on and made for the benefit of the parties and their successors and permitted assigns. The prevailing party in any action or proceeding arising under, relating to or connected with this License shall be entitled to recover from the other party the reasonable attorneys fees and costs incurred in such action or proceeding.