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License

This License For Customer Use of GubuSoft Favorites Manager Software ("LICENSE") is the agreement which governs use of the Favorites Manager software by GubuSoft (“GUBUSOFT”) downloadable herefrom, including computer software and associated documentation ("SOFTWARE"). By downloading, installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, do not download or use the SOFTWARE.

GUBUSOFT grants Customer a royalty-free, perpetual license to use SOFTWARE with an unlimited number of internet domains and on an unlimited number of server CPUs. An unlimited number of end users may access and use the SOFTWARE. GUBUSOFT grants Customer rights to modify the source code, for use within their server CPUs and internet domains.

1. DEFINITIONS

1.1 Customer. Customer means the entity or individual that downloads the SOFTWARE.

2. GRANT OF LICENSE

2.1 Rights and Limitations of Grant. GUBUSOFT hereby grants Customer the following non-exclusive, non-transferable right to use the SOFTWARE.

2.1.3 LIMITATIONS

No Rental. Customer may not rent or lease the SOFTWARE to someone else.

Customer may not sell, license, or distribute SOFTWARE as part of a derivative matter or derivative work on any media or via any electronic or other method now known or later discovered.

Customer may not disclose the source code for SOFTWARE or otherwise harm the GUBUSOFT intellectual property rights using any media or via any electronic or other method now known or later discovered.

3. TERMINATION

This LICENSE will automatically terminate if Customer fails to comply with any of the terms and conditions hereof. In such event, Customer must destroy all copies of the SOFTWARE and all of its component parts.

Defensive Suspension. If Customer commences or participates in any legal proceeding against GUBUSOFT, then GUBUSOFT may, in its sole discretion, suspend or terminate all license grants and any other rights provided under this LICENSE during the pendency of such legal proceedings.

4. COPYRIGHT

All title and copyrights in and to the SOFTWARE (including but not limited to all images, photographs, animations, video, audio, music, text, and other information incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by GUBUSOFT. The SOFTWARE is protected by copyright laws and international treaty provisions. Accordingly, Customer is required to treat the SOFTWARE like any other copyrighted material, except as otherwise allowed pursuant to this LICENSE and that it may make one copy of the SOFTWARE solely for backup or archive purposes.

5. APPLICABLE LAW

This LICENSE shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of California. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY

6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND GUBUSOFT AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

6.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GUBUSOFT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF GUBUSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. MISCELLANEOUS

If any provision of this LICENSE is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This LICENSE is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. This LICENSE may only be modified in writing signed by an authorized officer of GUBUSOFT.

8. ASSIGNMENT

GUBUSOFT may assign or otherwise transfer any of its rights or obligations under this LICENSE agreement.