This end-user license agreement is a legal agreement between you (either an individual or a legal entity) and Michael Management Corporation (MMC) for certain software products which may include associated media, printed or electronic documentation, etc. (the software). By installing, copying, or otherwise using the software, you agree to the terms of this EULA. If you do not agree to these terms, do not install or use the software product.

Software License

The software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The software is licensed, not sold.

1.                   Grant of License

This EULA grants you the following rights:

• You may install and use one copy of the software on a single SAP ERP productive instance as identified by the SAP installation number. You may also use one copy of the software on one development instance and on one staging or test instance. Also, you may keep a back-up copy of the software. Any additional installations require additional licenses, which may be obtained by contacting MMC.

• The license is non-exclusive.

• The EULA does not include an annual maintenance fee to covers upgrades and patches. The maintenance fee is optional and will be billed on an annual basis if you chose so.

2.                   Description of other rights and limitations

• You may not reverse engineer, decompile or disassemble the software, modify it or create derivative works based upon the software in whole or in part, distribute copies of the software, remove any proprietary notices or labels on the software or resell, lease, rent, transfer, sublicense or otherwise transfer rights to the software.

• You acknowledge that no title to the intellectual property in the software is transferred to you. Title, ownership, rights and the intellectual property rights in and to the software shall remain with MMC.

• MMC may provide you with support services related to the software at its sole discretion. Any supplemental software code provided to you as part of the support service shall be considered part of the software and is subject to the terms of this EULA.

• This license automatically terminates if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy (or permanently erase) all copies of the software.

3.                   Copyright

All title and copyrights in and to the software product (including but not limited to any images, photographs, animations, video, audio, music, text, etc. incorporated into the software product) are owned by MMC. The software product is protected by copyright laws and international treaty provisions. Therefore, you must treat the software product like any other copyrighted material except that you may install the software product as outlined above.

Limited Warranty

You agree that MMC has made no express warranties, oral or written, to you regarding the software and that the software is provided to you ‘as-is’ without warranty of any kind. MMC disclaims any and all other warranties, whether expressed, implied or statutory, including, but without limitation, the implied warranties of noninfringement of third party rights, merchantability, and fitness for a particular purpose.

Customer remedies

MMC’s entire liability and your exclusive remedy shall be, at MMC’s option, either (a) return of the price paid, if any, or (b) repair of replacement of the software product. This limited warranty is void if failure of the software product has resulted from accident, abuse, modification or misapplication. Any replacement of the software product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

No other warranties

To the maximum extent permitted by applicable law, MMC disclaims all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regards to the software product, and the provision of or failure to provide support services.

Limitation of Liability

You must assume the entire risk of using the software.

To the maximum extent permitted by applicable law, in no event shall MMC be liable for any special, incidental, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the software product or the provision of or the failure to provide support services, even if MMC has been advised of the possibility of such damages. In any case, MMC’s entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the software product or US$100.

This EULA is governed by the laws of the State of California.  

This document may be updated from time to time without notice to you. You may obtain the most recent copy of this EULA at http://www.michaelmanagement.com/eula.asp

This document was last updated on: 01/04/2008

© 1999-2010      Michael Management Corporation