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END USER LICENSE AGREEMENT (EULA) This End User License Agreement ("EULA", "Agreement") is between you (either an individual or a single (legal) entity) ("Consumer", "User") and Morose Media and governs your use of the WMWifiRouter software, related software components, license key and documentation (all of which are referred to herein as the "Software"). BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. You are hereby warned that WMWifiRouter uses the data connection of your mobile phone. If you do not have a proper mobile data plan, you can be charged for all data use by your mobile phone carrier. While many Windows Mobile phones automatically disable data usage when roaming (using your mobile phone outside your country or covered area of your carrier), if the data connection is active and you use WMWifiRouter while roaming, it can and will result in even higher charges, often regardless of regular unlimited mobile data plans. Morose Media is in no way responsible or liable, for any and all charges you receive from your mobile phone carrier, by using WMWifiRouter. We recommend you consult your carrier if you are unsure if you have a proper mobile data plan, before using WMWifiRouter. --- Grant of license --- Morose Media grants you the following rights provided that you comply with all terms and conditions of this EULA. You may install, use, access, display and run one copy of the Software on a maximum of two (2) mobile devices or other devices that are owned by you personally for every License you have legally acquired through Morose Media directly or any of her licensed resellers. You may make one (1) additional copy of the Software in machine readable form solely for back-up purposes, provided you reproduce the Software in its original form and with all proprietary notices on the back-up copy. --- Restrictions on Use --- You may not: * Create derivative works based on the Software; * Reproduce the Software except as described in this Agreement; * Sell, assign, license, disclose, or otherwise transfer or make available the Software or any copies of the Software in any form to any third parties, other than described under Software Transfer / Transfer to Third Party in this Agreement; * Alter, translate, decompile, or attempt to reverse engineer the Software, subject to applicable law which permits such activity notwithstanding this contractual prohibition; * Use the Software in situations where malfunctioning of the Software could lead to physical injury or death; * Remove or alter any proprietary notices or marks on the Software --- Functionality of the Software --- While every effort has been made to minimize bugs and ensure the functionality of the Software, Morose Media can not and will not guarantee the functionality of the Software. YOU ARE HEREBY WARNED THAT THE SOFTWARE CAN CONTAIN BUGS AND MAY EVEN CAUSE DATA LOSS. THE SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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 OF THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. --- Rights --- Morose Media owns all rights, title and interest in and to the Software. All rights not expressly granted to you are retained by Morose Media. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights. --- License key --- You agree to take all steps necessary to ensure your license key is secure, private and inaccessible by any other parties. Under no circumstance will you in any way share, sell or otherwise make public your License key, except as described in this Agreement under Software Transfer / Transfer to Third Party. --- Technical Support --- Technical support is provided for the Software on voluntary basis to which no claims can be made. --- Indemnification --- You agree to indemnify and hold Morose Media, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Software, or the infringement by you, of any intellectual property or other right of any person or entity. --- Limitation of Liability --- IN NO EVENT WILL MOROSE MEDIA OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER, OR ANY LOSS OF REVENUE, DATA, USE, OR PROFITS, EVEN IF A MOROSE MEDIA REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT OR OTHER LEGAL OR EQUITABLE THEORY. UNDER NO CIRCUMSTANCES SHALL MOROSE BE LIABLE TO YOU FOR ANY REASON FOR ANY AMOUNT IN EXCESS OF THE LICENSE FEE PAID BY YOU WITH RESPECT TO THE SOFTWARE TO WHICH SUCH LIABILITY RELATES (WHETHER THE LIABILITY ARISES FROM THE SOFTWARE, SERVICES OR OTHERWISE). --- Software Transfer --- - Internal - You may move the Software to a different device. After the transfer, you must completely remove the Software from the former device it was used on. - Transfer to Third Party - The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. This transfer must include all of the Software (including all component parts, any media and printed materials, any upgrades, this EULA, and License Key). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms. --- Termination --- Without prejudice to any other rights, Morose Media may terminate this EULA if you fail to comply with the terms and conditions of this Agreement. Upon any termination of this Agreement, you must discontinue use of the Software and uninstall and destroy all copies of the Software you have obtained or made. --- Refund on Non-delivery --- If consumers who have bought the license to the Software directly though Morose Media (not a subsidiary or licensed reseller) are unable to get access to the Software and the license key, they are entitled to a refund if (a) the consumer has notified Morose Media of non-delivery via the various contact options available on the WMWifiRouter website (http://www.WMWifiRouter.com) within a three (3) month period after purchase; and (b) the consumer provides all information Morose Media can reasonably ask for verification of identity ("Confirmation"); and (c) Morose Media is unable to provide the consumer with the license key within fourteen (14) days after Confirmation; and (d) agree to any mode of transfer of funds offered by Morose Media, which will at least include the option for an international bank transfer (IBAN/BIC); and (e) the consumer terminates this agreement as described under Termination. --- Modification --- Morose Media may modify the Software and this Agreement with notice to you either in email or by publishing content on the WMWifiRouter website. In the event Morose Media modifies the Software or the Agreement, you may terminate this Agreement and must cease using of the Software. Refun