MGI 1.x Licensing
This license agreement was updated on 3 February 2001
and supercedes all prior agreements.
The license agreement contained herein is for informational purposes
only. The actual license agreement that you will be required to accept or
decline is contained in the downloadable version of MGI.
The software, which is offered for downloading from this website or server,
is a copyrighted work of PagePlanet Software Use of this software
is permitted only by your agreement to the terms of the Software License
Agreement indicated below. Any reproduction, modification, or distribution
of this software not in strict accordance with the Software License Agreement
is expressly prohibited by law and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INDICATING YOUR ACCEPTANCE
BY CHOOSING THE "ACCEPT" BUTTON. THIS AGREEMENT LICENSES THE ENCLOSED
SOFTWARE TO YOU AND CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY CONTINUING
WITH THE INSTALLATION, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE
AND AGREEING TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT WISH TO DO SO, CHOOSE THE "REJECT" BUTTON. YOU WILL
NOT BE ABLE TO USE THE SOFTWARE.
This Agreement is by and between PagePlanet Software (hereinafter
"PagePlanet") and you. For good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, and which includes
the mutual promises contained herein, the parties agree as follows:
1.1. Modular Gateway Interface (hereinafter "MGI") means the
software programs, associated media, documentation (including printed materials
and any associated online or electronic documentation), and any multimedia
assets (including but not limited to images, graphics, photographs, animations,
video, sounds, applets, and behaviors) included in or available as part
of the enclosed package or downloadable executable, as well as all related
updates supplied by PagePlanet. From time to time PagePlanet may release
new versions of MGI which contain improvements. MGI includes both the original
version and the new version(s) of MGI.
2.1. MGI is protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties. MGI is licensed
and not sold. This Agreement grants you a limited, non-exclusive license
2.1.1. Use MGI on a single computer.
2.1.2. Make one copy of MGI in machine-readable form solely for backup
purposes. You must reproduce on any such copy all the copyright notices
and any other proprietary legends on the original copy of MGI.
2.1.3 Run one copy of MGI on a secure server for each copy of MGI licensed
and running on a non-secure server.
2.1.4. Certain software products are licensed with additional rights
as set forth in the Supplementary Rights Addendum that may be included in
2.2. In the event of an emergency, the holder of a license of MGI is
permitted to install and use a second or subsequent copy of MGI apart from
the legal use explicitely described in paragraph 2.1.3 with the understanding
that the license for the second or subsequent copy of MGI will be purchased
from PagePlanet Software no later than three business days after the
2.3. Subject to Section 2.2, your license will automatically terminate
upon any transfer of MGI. Upon transfer, you must deliver MGI, including
any copies and related documentation, to the transferee. The transferee
must accept these Terms and Conditions as a condition precedent to a valid
3. Supplementary Licenses. Certain rights are not granted under this
Agreement, but may be available under a separate agreement.
3.1. Multi-User License. You must enter into a Multi-User License if
you wish to make copies of MGI for use with additional CPUs owned by you.
The Multi-User License allows you and other individuals in your organization
to use MGI in perpetuity or for annual renewable periods, whether loaded
on separate computers or a network server, as well as on any home or portable
computers that any of you may possess, but only so long as each of you uses
MGI on just one computer at any time and your organization has paid us our
then-current multi-user license fee for the total number of individuals
within your organization who will use MGI.
4.1. You may not make or distribute copies of MGI, or electronically
transfer MGI from one computer to another or over a network. You may not
decompile, reverse engineer, disassemble, or otherwise reduce MGI to a human-perceivable
form. You may not modify, rent, resell for profit, distribute, or create
derivative works based upon MGI or any part thereof. MGI Output may contain
multimedia assets available within MGI (including but not limited to images,
graphics, photographs, animations, video, sounds, applets, and behaviors)
but these assets may not be distributed separately. You will not export,
directly or indirectly, MGI to any country prohibited by the United States
Export Administration Act and the regulations thereunder.
4.2. PagePlanet may provide you with support services related to MGI
("Support Services"). Use of Support Services is governed by the
MGI polices and programs described in the user manual, in on line documentation,
or other PagePlanet-provided materials. Any supplemental software code provided
to you as part of the Support Services shall be considered part of MGI and
subject to the terms and conditions of this Agreement. With respect to technical
information you provide to PagePlanet as part of the Support Services, PagePlanet
may use such information for its business purposes, including for product
support and development.
4.3. Without prejudice to any other rights, PagePlanet may terminate
this Agreement without prior notice if you fail to comply with its terms
and conditions. In such event, you must destroy all copies of MGI and all
of its component parts.
5. Ownership. The foregoing license gives you limited rights to use MGI.
Although you own the disk on which MGI is recorded, if any, you do not become
the owner of, and PagePlanet retains title to, MGI (including but not limited
to images, graphics, photographs, animations, video, sounds, applets, and
behaviors incorporated into MGI), and all copies thereof. All rights not
specifically granted in this Agreement, including Federal and international
trademarks and copyrights, are reserved by PagePlanet.
6. Limited Warranties.
6.1. PagePlanet warrants that, for a period of ninety (90) days from
the date of delivery (as evidenced by a copy of your receipt): (i) when
used with a recommended hardware configuration, MGI will perform in substantial
conformance with the documentation supplied; and (ii) that the media on
which MGI is furnished will be free from defects in materials and workmanship
under normal use. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY,
PAGEPLANET DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO
THE PAGEPLANET PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY
(90) DAYS FROM THE DATE OF DELIVERY. No oral or written information or advice
given by PagePlanet, its dealers, distributors, agents, or employees shall
create a warranty or in any way increase the scope of this warranty.
6.2. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE
7. Exclusive Remedy. Your exclusive remedy under Section 6 is to return
MGI to the place you acquired it along with a copy of your receipt and a
description of the problem. PagePlanet will use reasonable commercial efforts
to supply you with a replacement copy of MGI that substantially conforms
to the documentation, provide a replacement for the defective media, or
refund your purchase price for MGI, at its option. PagePlanet shall have
no responsibility with respect to MGI that has been altered in any way,
if the media has been damaged by accident, abuse, or misapplication, or
if the nonconformance arises out of use of MGI in conjunction with software
not supplied by PagePlanet.
8. Limitations of Damages.
8.1. PAGEPLANET SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PAGEPLANET OR ITS REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY
SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
8.2. PagePlanet's total liability for actual damages for any cause whatsoever
caused by or alleged to have been caused by MGI will be limited to the amount
paid by you for MGI
8.3. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
9. Basis of Bargain. The limited warranty, exclusive remedies, and limited
liability set forth above are fundamental elements of the basis of the bargain
between PagePlanet and you. PagePlanet would not be able to provide MGI
on an economic basis without such limitations.
10.1. This Agreement shall be governed by the internal laws of the State
of North Carolina. This Agreement contains the complete agreement between
the parties with respect to the subject matter hereof, and supersedes all
prior or contemporaneous agreements or understandings, whether oral or written.
All questions concerning this Agreement shall be directed to: PagePlanet
Software, Inc., 3252 Octavia Street, Raleigh, North Carolina 27606, Attention:
10.2. Any legal action or proceeding relating to this Agreement shall
be instituted in any state or federal court in Wake County, North Carolina.
PagePlanet and Customer agree to submit to the jurisdiction of, and agree
that venue is proper in, the aforesaid courts in any such legal action or
proceeding. If at any time or times hereafter PagePlanet employs counsel
to pursue collection, to intervene, to pursue enforcement (by any lawful
means) of the terms of this Agreement, or to file a petition, complaint,
answer, motion, injunction, or other pleading in any suit or proceeding
relating to this Agreement, then in such event, all of the reasonable attorneys'
fees costs of collection shall be an additional liability of Customer, payable
on demand of PagePlanet.
10.3. If you are a unit or agency of the Government, or acquiring MGI
with government funds, the software and documentation are provided subject
to PagePlanet's standard commercial license; provided, however, that any
contracts with non-defense agencies subject to the FAR, the Government shall
have the rights set forth in subparagraph (c) of FAR 52.227-19, "Commercial
Computer Software-Restricted Rights," as applicable.
THIS DOCUMENT IS A LEGALLY BINDING CONTRACT. BY CLICKING THE "ACCEPT"
BUTTON, YOU SPECIFICALLY ASSENT TO AND ACCEPT ALL OF THE TERMS AND CONDITIONS
OF THE SOFTWARE LICENSE AGREEMENT AND SHALL BE DEEMED AS THE LICENSEE UNDER
THE TERMS OF THIS AGREEMENT. MGI IS MADE AVAILABLE FOR DOWNLOADING SOLELY
FOR USE BY CUSTOMERS OF PagePlanet Software ANY REPRODUCTION OR REDISTRIBUTION
BY LAW. YOU MAY NOT DOWNLOAD OR INSTALL ANY SOFTWARE FROM THIS SERVER UNLESS