Advanced Mouse Manager License

RealityRipple Software Commercial License THIS SOFTWARE IS PROVIDED UNDER THE TERMS OF THIS LICENSE ("AGREEMENT"). ANY USE OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 1. DEFINITIONS "Author" means the creator of the Program, which in this case is RealityRipple Software. "Program" means the Software Distributed in accordance with this Agreement. "Recipient" means anyone who receives the Program under this Agreement. "License Key" shall mean a series of characters designed to identify a legitimate Recipient who has made a commercial purchase of the Program Distributed under this Agreement. "Contribution" means additions to the Program from a Contributor, including translators or entities that submit code to the Author for inclusion in the Program. "Contributor" means any person or entity that provides additional content to the Author for the purpose of inclusion in the Program. Most often, a Contributor will mean a translator who provides lingual translations of text used within the Program's interface. "Distribute" means the acts of a) distributing or b) making available in any manner that enables the transfer of a copy. "Distributor" means anyone who Distributes copies of this software to Recipients for any purpose. "Source Code" means the form of a Program preferred for making modifications, including but not limited to software source code, documentation source, and configuration files. "Derivative Works" shall mean any work, whether in Source Code or other form, that is based on (or derived from) the Program and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. "Modified Works" shall mean any work in Source Code or other form that results from an addition to, deletion from, or modification of the contents of the Program, including, for purposes of clarity any new file in Source Code form that contains any contents of the Program. Modified Works shall not include works that contain only declarations, interfaces, types, classes, structures, or files of the Program solely in each case in order to link to, bind by name, or subclass the Program or Modified Works thereof. 2. GRANT OF RIGHTS Subject to the terms of this Agreement, the Author hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, publicly display, and publicly perform tasks using this Software. The Agreement allows the Recipient to make copies of the Software for use by further Recipients. However, license keys may not be distributed in the same manner, and may only be used on devices legitimately owned by Recipients with legal claim to ownership of a license, as provided by the Author. Source Code for the Program is not available to Distributors or Recipients, and is the private property of the Author alone. Additionally, any content provided by Contributors which is included in the program by the Author must be provided without license or implication of ownership. Ownership of any submitted material passes to the Author of this Program. Derivative and Modified Works as defined in Section 1 are not permitted in any form. These granted rights shall terminate as of the date such software is initially written, and any License Key provided shall be voided, even at the expense of a legitimate Recipient of such a License Key. 3. COMMERCIAL DISTRIBUTION Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, a Distributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for the Author. Therefore, if a Distributor includes the Program in a commercial product offering, such Distributor ("Commercial Distributor") hereby agrees to defend and indemnify the Author against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Author to the extent caused by the acts or omissions of such Commercial Distributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, the Author will: a) promptly notify the Commercial Distributor in writing of such claim, and b) allow the Commercial Distributor to control, and cooperate with the Author in, the defense and any related settlement negotiations. The Author may participate in any such claim at its own expense. For example, a Distributor might include the Program in a commercial product offering, Package X. That Distributor is then a Commercial Distributor. If that Commercial Distributor then makes performance claims, or offers warranties related to Package X, those performance claims and warranties are such Commercial Distributor's responsibility alone. Under this section, the Commercial Distributor would have to defend claims against the Author related to those performance claims and warranties, and if a court requires any other Distributor to pay any damages as a result, the Commercial Distributor must pay those damages. 4. NO WARRANTY EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations. 5. DISCLAIMER OF LIABILITY EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER AUTHOR, CONTRIBUTOR, NOR ANY DISTRIBUTOR SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. GENERAL If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2 shall terminate as of the date such litigation is filed. All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive. This agreement is not designed to be copied and distributed, except to the entities named within this agreement. RealityRipple Software reserves the right to publish revisions to this Agreement. The Program must always be Distributed subject to the the Agreement under which it was received. In addition, after a new version of the Agreement is published, a Distributor may elect to Distribute the Program under the new version. Except as expressly stated in Section 2 above, no Contributor or Recipient receives any rights or licenses to the intellectual property of the Author under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved. Nothing in this Agreement is intended to be enforceable by any entity that is not an Author, a Contributor, a Distributor, or a Recipient. No third-party beneficiary rights are created under this Agreement. This Agreement is governed by the laws of the State of California and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose.

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