Order You can place an online order with instant delivery at www.Licence-Protector.com. If you do want to order via fax, please fill out this form. Element 5 is handling the order and delivery for our products. I herewith order to the below stated terms of business of Mirage Computer Systems Please note: EU citizens can only order in EUR. I want to pay in: ( ) EUR ( ) USD __ Licence Protector Starter Edition – No: 529702
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Signature 01.05.2004 PERPETUAL END USER LICENCE AGREEMENT NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT (‘AGREEMENT’), FOR THE LICENCE OFSPECIFIED SOFTWARE (‘SOFTWARE’) BY MIRAGE COMPUTER SYSTEMS GMBH (‘MIRAGE’). BY CLICKING THE ACCEPT BUTTON OR INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BYAND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT INSTALL THE SOFTWARE.(IF APPLICABLE, YOU MAY RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.) 1. LICENCE Grant. Subject to the payment of the applicable LICENCE fees, and subject to the terms and conditions of this Agreement, MIRAGE hereby grants to you a non-exclusive, non-transferable right to use one copy of the specified version of the Software and the accompanying documentation (the ‘Documentation’). You may install one copy of the Software on one computer, workstation, personal digital assistant, pager, ‘smart phone’ or other electronic device for which the Software was designed (each, a ‘Client Device’). If the Software is LICENCED as a suite or bundle with more than one specified Software product, this LICENCE applies to all such specified Software products, subject to any restrictions or usage terms specified on the applicable price list or product packaging that apply to any of such Software products individually. a. Use. The Software is LICENCED as a single product; it may not be used on more than one Client Device or by more than one user at a time, except as set forth in this Section 1. The Software is ‘in use’ on a Client Device when it is loaded into the temporary memory (i.e., random-access memory or RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that Client Device. This LICENCE authorizes you to make one copy of the Software solely for backup or archival purposes, provided that the copy you make contains all of the Software’s proprietary notices. b. Server-Mode. You may use the Software on a Client Device as a server (‘Server’) within a multi-user or networked environment(‘Server-Mode’) only if such use is permitted in the applicable price list or product packaging for the Software. A separate LICENCE is required for each Client Device or ‘seat’ that may connect to the Server at any time, regardless of whether such LICENCED Client Devices or seats are concurrently connected to, accessing or using the Software. Use of software or hardware that reduces the number of Client Devices or seats directly accessing or utilizing the Software (e.g., ‘multiplexing’ or ‘pooling’ software or hardware) does not reduce the number of LICENCES required (i.e., the required number of LICENCES would equal the number of distinct inputs to the multiplexing or pooling software or hardware ‘front end’). If the number of Client Devices or seats that can connect to the Software can exceed the number of LICENCES you have obtained, then you must have a reasonable mechanism in place to ensure that your use of the Software does not exceed the use limits specified for the LICENCES you have obtained. This LICENCE authorizes you to make or download one copy of the Documentation for each Client Device or seat that is LICENCED, provided that each such copy contains all of the Documentation’s proprietary notices. c. Volume LICENCES. If the Software is LICENCED with volume LICENCE terms specified in the applicable price list or product packaging for the Software, you may make, use and install as many additional copies of the Software on the number of Client Devices as the volume LICENCE authorizes. You must have a reasonable mechanism in place to ensure that the number of Client Devices on which the Software has been installed does not exceed the number of LICENCES you have obtained. This LICENCE authorizes you to make or download one copy of the Documentation for each additional copy authorized by the volume LICENCE, provided that each such copy contains all of the Documentation’s proprietary notices. 2. Term. This Agreement is effective for an unlimited duration unless and until earlier terminated as set forth herein. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must destroy all copies of the Software and the Documentation. 3. Updates. For the time period specified in the applicable price list or product packaging for the Software, you are entitled to download revisions or updates to the Software when and as MIRAGE publishes them via its electronic bulletin board system, website or through other online services. For a period of thirty (30) days from the date of the of original purchase of the Software, you are entitled to download one(1) revision or upgrade to the Software when and as MIRAGE publishes it via its electronic bulletin board system, website or through other online services. After the specified time period, you have no further rights to receive any revisions or upgrades without purchase of a new LICENCE to the Software. 4. Ownership Rights. The Software is protected by German copyright laws and international treaty provisions. MIRAGE and its suppliers own and retain all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. All copies of the Software and Documentation made hereunder must contain the same proprietary notices that appear on and in the Software and Documentation. 5. Restrictions. You may not sell, lease, LICENCE, rent, loan or otherwise transfer, with or without consideration, rent, lease, loan or resell the Software. MIRAGE updates its Software frequently and performance data for its Software change. Before conducting benchmark tests regarding this Software, contact MIRAGE to verify that you possess the correct Software for the test and the then current version and edition of the Software. Benchmark tests of former, outdated or inappropriate versions or editions of the Software may yield results that are not reflective of the performance of the current version or edition of the Software. You agree not to permit any third party (other than third parties under contract with you which contains nondisclosure obligations no less restrictive than those set forth herein) to use the LICENCED Program in any form and shall use all reasonable efforts to ensure that no improper or unauthorized use of the LICENCED Program is made. You may not permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other arrangement, except to the extent such use is specified in the applicable price list, purchase order, or product packaging for the Software. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, the Software in whole or in part. You may not copy the Software or Documentation except as expressly permitted in Section 1 above. You may not remove any proprietary notices or labels on the Software. All rights not expressly set forth hereunder are reserved by MIRAGE. 6. Warranty and Disclaimer. a. Limited Warranty. MIRAGE warrants that for sixty (60) days from the date of original purchase the media (e.g., diskettes) on which the Software is contained will be free from defects in materials and workmanship. b. Customer Remedies. MIRAGE’ and its suppliers’ entire liability and your exclusive remedy for any breach of the foregoing warranty shall be, at MIRAGE’s option, either (i) return of the purchase price paid for the LICENCE, if any, or (ii) replacement of the defective media in which the Software is contained. You must return the defective media to MIRAGE at your expense with a copy of your receipt. This limited warranty is void if the defect has resulted from accident, abuse, or misapplication. Any replacement media will be warranted for the remainder of the original warranty period. Outside the United States, this remedy is not available to the extent MIRAGE is subject to restrictions under United States export control laws and regulations.
WHITE PAPER From BetaSphere The Five Secrets Of A Successful Launch By Michael Shoppel and Philip Davis Each year, millions of dollars are wasted when products enter the market ill prepared tomeet customer expectations and requirements. Insufficient customer feedback and lack ofcustomer involvement during the development process are the key reasons forunsuccessful launches. Conversely, feedb
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