Bubble Maps Software 9.0

EULA - End User License Agreement

MARKETING MANAGER FOR EXCEL - MM4XL 9.0.120101
Copyright 1997-2012
MarketingStat GmbH
http://www.MarketingStat.com
info@MarketingStat.com
All Rights Reserved
**************************************************************

END-USER LICENSE AGREEMENT FOR MM4XL SOFTWARE

IMPORTANT-READ CAREFULLY:
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and MarketingStat for the MM4XL software product identified above, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE" or "PACKAGE"). By installing,copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, or use the SOFTWARE PRODUCT.

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

GRANT OF LICENSE.

This EULA grants you the following non-exclusive rights:

Software Product.
You may install and use the enclosed SOFTWARE PRODUCT on your computers to perform marketing analysis.

Sample Code.
You cannot modify or reproduce the source code located in the SOFTWARE PRODUCT. You may distribute the SOFTWARE PRODUCT without any modifications to the source code, provided that you comply with the Distribution Requirements described below. For purposes of this section, "modifications" shall mean any change to the functionality of all parts of the SOFTWARE PRODUCT including the help file, the source code and any other file included in the PACKAGE.

Trial time.
You are allowed to use the SOFTWARE PRODUCT without functional restrictions for a trial time not exceding 21 (twentyone) days. As the trial time expires you are encouraged to register the SOFTWARE PRODUCT or to destroy all copies you have. Continued use of MM4XL after its expiry without registering is a violation. MM4XL can be registered at www.marketingstat.com or by any local distributor.

Redistributable Software.
The SOFTWARE PRODUCT is designated as "Redistributable" and has been designed, developed and tested to run on MS Excel 7.0 and higher versions. You may redistribute the Redistributable Software subject to the Distribution Requirements listed below.

Distribution Requirements.
You may copy and redistribute the SOFTWARE PRODUCT, provided that (a) you distribute the whole PACKAGE as you downloaded it at www.marketingstat.com; (b) you do not use MarketingStat's name, logo, or trademarks, except as expressly authorized by MarketingStat in any other agreement; (c) you agree to indemnify, hold harmless, and defend MarketingStat from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of your use of the SOFTWARE PRODUCT. MarketingStat reserves all rights not expressly granted to you.

COPYRIGHT.
All rights, title, and copyrights in and to the SOFTWARE PRODUCT (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT) and any copies of the SOFTWARE PRODUCT are owned by MarketingStat. Without permission or without agreement to the terms of this EULA you may not copy and redistribute the printed materials accompanying the SOFTWARE PRODUCT, except as expressly authorized by MarketingStat.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

Limitations on Reverse-Engineering, Decompilation and Disassembly. You may not reverse- engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by MarketingStat or applicable law notwithstanding this limitation.

Rental.
You may not rent or lease the SOFTWARE PRODUCT.

License Transfer.
Licensed copies of MM4XL software are nominal and not transferable.

Termination.
Without prejudice to any other rights, MarketingStat may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

EXPORT RESTRICTIONS.
You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit the SOFTWARE PRODUCT or related documentation and technical data to any country to which such export or transmission is restricted by any applicable regulation or statute, without the prior written consent, if required, of the governmental entity as may have jurisdiction over such export or transmission.

U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is MarketingStat. Should you have any questions concerning this EULA, or if you desire to contact MarketingStat for any reason, please contact: info@marketingstat.com or visit www.marketingstat.com.

NO WARRANTIES.
To the maximum extent permitted by applicable law, MarketingStat expressly disclaims any warranty for the SOFTWARE PRODUCT.The SOFTWARE PRODUCT and any related documentation are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you end-user.

LIMITATION OF LIABILITY.
MarketingStat entire liability and your exclusive remedy under this EULA shall not exceed five Euro (E5.00).

NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
To the maximum extent permitted by applicable law, in no event shall MarketingStat or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of, or inability to use, the SOFTWARE PRODUCT, even if MarketingStat has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.