Software End User License Agreement

  1. This is an agreement between magnoliasci.com (“Licensor”) and Licensee, who is being licensed to use Magnolia (the “Software”).  By installing and running the Software, the Licensee agrees to all terms of this license.
  2. Licensee acknowledges that this is only a limited nonexclusive license. Licensor is and remains the owner of all titles, rights, and interests in the Software.
  3. This License permits Licensee to install the Software on more than one computer system, as long as the Software will not be used on more than one computer system simultaneously. Licensee will not make copies of the Software or allow copies of the Software to be made by others, unless authorized by this License Agreement. Licensee may make copies of the Software for backup purposes only.
  4. LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of Licensor is authorized to make any warranties. If the law does not allow disclaimer of implied warranties, then any implied warranty is limited to 7 days after delivery of the Software to Licensee.
  5. LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE’S USE OF THIS SOFTWARE.
  6. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee’s business operations.
  7. Licensor has the right to terminate this License Agreement and Licensee’s right to use this Software upon any material breach by Licensee.
  8. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.
  9. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.
  10. This License Agreement is governed by the law of Florida applicable to Florida contracts.
  11. This License Agreement is valid without Licensor’s signature. It becomes effective upon the Licensee’s use of the Software.