MandalaMaker™ - Website and Software Terms of Service


Personal Information and Email Policy

Please rest assured that abgoodwin.com respects your privacy.

We never share any personal information provided to us by our customers with third parties.

We follow email best practices.

Email originating from us will be one of two kinds:

1. Newsletter: Our Center of the Circle newsletter "from" address is newmoon@abgoodwin.com. The newsletter is strictly opt-in. You can unsubscribe at the bottom of any edition.

2. Sales and support communication: These messages will come from alan@abgoodwin.com or support@abgoodwin.com and will be signed with a digital certificate matching the following fingerprint: 85C3 E53 C 24 6D 0 A02 EED4 0EF 8 88 1D 4 099 0386 707 3



Software Download and Licensing Information

LICENSING

When you download a MandalaMaker software package, it contains software ("Software") and related explanatory written materials ("Documentation"). "Software" includes any upgrades, modified versions, updates, additions and copies of the Software. "You" means the person or company who is being licensed to use the Software or Documentation. "We" and "us" means Alan Goodwin.

Once the MandalaMaker software is installed on your computer, it can be run in a "Demonstration Mode." In this demo mode, the software is fully functional for ten days. A "Demo" watermark appears on all documents.

When you launch the program the first time, you will be asked to agree to the following terms. If you do not agree to all of the terms, you should follow the un-install direction to remove the Software from your computer's drive.

Once the demonstration period has expired, the software will be inoperable until a license is purchased. If you decide not to purchase a license, you should follow the uninstall directions to remove the software from your computer.

When you buy a license, you have not purchased the software, only a license to use it. This is a non-exclusive license to use one copy of the Software on any single computer. If you have both a desktop and laptop computer, you may install the Software on both machines, provided the Software is in use on only one computer at any time. The Software is "in use" on a computer when it is loaded into temporary memory (RAM) of a computer. Note that in order to make the Software functional on the second computer, you will need to request an additional (no-cost) license from that machine.

TITLE

We remain the owner of all right, title and interest in the Software and Documentation.

ARCHIVAL OR BACKUP COPIES

You may either:

THINGS YOU MAY NOT DO

The Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material--for example a book. You may not:

TRANSFERS

Your software license in not transferable.

LIMITED WARRANTY

We warrant that for a period of 90 days after delivery of this copy of the Software to you:

To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

LIMITED REMEDY

Our entire liability and your exclusive remedy shall be:

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TERM AND TERMINATION

This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to either return to us or destroy all copies of the Software and Documentation in your possession.

CONFIDENTIALITY

The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCALS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

GENERAL PROVISIONS

  1. This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any and all prior oral or written agreements, negotiations or other dealings between us concerning the Software.
  2. This license agreement may be modified only by a writing signed by you and us.
  3. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
  4. This license agreement is governed by the laws of the state of Massachusetts.
  5. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.