Mergic VPN End User License Agreement

Please read this license agreement (called the "Agreement") carefully. By using all or any portion of the software or any related documentation (called the "Software") you accept all the terms and conditions of this Agreement. If you do not agree to these terms and conditions, do not install or use the Software. 

1. Software License. As long as you comply with the terms of this Agreement, Mergic grants to you a non-exclusive, non-transferable license to store one (1) copy of the Software on a hard disk and to install and use the Software on one (1) handheld computer unless otherwise indicated under a valid license (e.g. volume license) granted by Mergic. You are not permitted to (a) make modifications to any portion of the Software; (b) merge the Software into another program or product; (c) decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form; (d) rent, lease, loan, distribute or create derivative works based in whole, or in part, upon the Software; (e) copy the Software, except for backup purposes. 

2. Intellectual Property Rights. All intellectual property rights in the Software are owned by Mergic and are protected by United States copyright laws and international treaty provisions. Mergic retains all rights not expressly granted. 

3. WARRANTY DISCLAIMER. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MERGIC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE RISKS OF PROGRAM ERRORS, DAMAGE TO OR LOSS OF DATA, PROGRAMS OR EQUIPMENT, AND UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. 

4. LIMITATION OF LIABILITY. MERGIC WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES OR FOR ANY SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), EVEN IF MERGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MERGIC WILL NOT BE LIABLE FOR THE LOSS OF, OR DAMAGE TO, YOUR RECORDS OR DATA, OR ANY DAMAGES CLAIMED BY YOU BASED ON A THIRD PARTY CLAIM. IN NO EVENT SHALL MERGIC'S AGGREGATE LIABILITY FOR DAMAGES, LOSSES AND CAUSES OF ACTTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE PURCHASE PRICE OF THE SOFTWARE.

5. Export Regulations. This Software Package is subject to U.S. export control laws, and may be subject to export or import control laws of other countries. You agree to comply strictly with all relevant laws and regulations. You represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) and that you are not otherwise prohibited under the Export Laws from receiving the Software. 

6. License Rights. You hereby grant to Mergic an irrevocable license under all intellectual property rights (including copyright) to use, copy, distribute, sublicense, display, perform and prepare derivative works based upon any feedback, including materials, fixes, error corrections, enhancements, suggestions and the like that you provide to Mergic. 

7. Controlling Law. This license shall be governed by and construed in accordance with the laws of the state of Washington. The respective courts of King County, shall have jurisdiction over all disputes relating to this Agreement. 

8. Termination. This license and your right to use this software shall automatically terminate if you fail to comply with any provision of this license agreement.

9. General Provision. This is the complete and exclusive agreement between you and Mergic relating to the Software.