Manolito 1.18

EULA - End User License Agreement

LICENSE AGREEMENT

PLEASE READ AND UNDERSTAND THIS LICENSE AGREEMENT FULLY BEFORE INSTALLING AND/OR USING THE MANOLITO SOFTWARE. THIS IS AN AGREEMENT BETWEEN YOU, THE END-USER, AND MP2P, THE PUBLISHER OF THE MANOLITO SOFTWARE. BY INSTALLING AND/OR USING THIS SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT, THE SOFTWARE MUST BE REMOVED, INCLUDING ANY INSTALLATION FILES AND ARCHIVAL FILES.
THE SOFTWARE IS PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS AND BY INTERNATIONAL TREATIES. YOU ACKNOWLEDGE THAT NO TITLE TO THE INTELLECTUAL PROPERTY IN THE SOFTWARE IS TRANSFERRED TO YOU. YOU FURTHER ACKNOWLEDGE THAT TITLE AND FULL OWNERSHIP RIGHTS TO THE SOFTWARE WILL REMAIN THE EXCLUSIVE PROPERTY OF MP2P, AND YOU WILL NOT ACQUIRE ANY RIGHTS TO THE SOFTWARE EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE. YOU AGREE THAT ANY COPIES OF THE SOFTWARE WILL BE COMPLETELY UNMODIFIED AND CONTAIN THE SAME PROPRIETARY NOTICES WHICH APPEAR ON AND IN THE SOFTWARE.
I. TERMINOLOGY

HENCEFORTH, THE FOLLOWING TERMS SHALL APPLY TO THE REST OF THIS DOCUMENT BEGINNING AT THEIR FIRST MENTION:

A. "EULA" SHALL REFER TO THIS ENTIRE "END USER LICENSE AGREEMENT".
B. "SOFTWARE" SHALL REFER TO ALL BINARY DATA, TEXTUAL DATA, IMAGES, EXECUTABLE CODE, EXAMPLE CODE, AND DOCUMENTATION, OR ANY PORTION OR COMBINATION THEREOF, ASSOCIATED WITH THE PRODUCT NAMED IN THE TITLE OF THIS EULA.
C. "MANOLITO" SHALL REFER TO THE "SOFTWARE" AS MENTIONED UNDER B.
D. "EXECUTABLE COMPONENTS" SHALL REFER TO PORTIONS OF SOFTWARE THAT CONTAIN BINARY CODED COMPUTER INSTRUCTIONS.
E. "USE", "USES", "USING", AND "USAGE" SHALL REFER TO THE PURCHASING, INSTALLATION, STORAGE OF, COPYING OF, DEVELOPMENT OF NEW SOFTWARE WITH, AND/OR GENERAL USAGE OF SOFTWARE, DIRECTLY OR INDIRECTLY, IN PART OR IN WHOLE.
F. "USER/USERS" SHALL REFER TO THE PERSON, PERSONS, AND/OR ENTITY THAT USES THIS SOFTWARE, INCLUDING, BUT NOT LIMITED TO, THE ENTIRE ORGANIZATION AND ALL SUBSIDIARIES AND ASSOCIATES, INVOLVED IN THE USAGE OF SAID SOFTWARE.
G. "MP2P" SHALL REFER TO MP2P TECHNOLOGIES, S.A. OF MADRID/SPAIN, INCLUDING THE COMPANY ITSELF, ALL SHAREHOLDERS, BOARD MEMBERS, MANAGERS, EMPLOYEES, AND ASSOCIATES.
H. "LICENSE" SHALL REFER TO THE USE OF THE SOFTWARE BY USER AS DEEMED ACCEPTABLE EXCLUSIVELY BY MP2P, AND SHALL ALSO REFER TO THE REGISTRATION KEY PROVIDED TO THE USER BY MP2P, WHERE APPLICABLE.

II. AGREEMENT

A. USER AGREES BY USING SOFTWARE TO BE BOUND BY THIS EULA, AND ALL OF ITS PROVISIONS AND RESTRICTIONS WITHOUT EXCEPTION.
B. BOTH USER AND MP2P UNDERSTAND AND AGREE THAT MP2P RESERVES THE RIGHT TO TERMINATE/REVOKE THE USER'S LICENSE FOR ANY REASON AT ANY TIME WITHOUT WARNING.
C. USER UNDERSTANDS AND AGREES THAT THE SOFTWARE IS COPYRIGHTED MATERIAL, AND IS PROTECTED BY INTERNATIONAL LAWS AND TREATIES AND THE COPYRIGHT LAWS OF THE UNITED STATES OF AMERICA AND SPAIN. USER AGREES TO NOT BE IN VIOLATION OF ANY INTERNATIONAL LAWS AND TREATIES, INCLUDING BUT NOT LIMITED TO THE COPYRIGHT LAWS OF THE UNITED STATES OF AMERICA AND SPAIN.
D. USER UNDERSTANDS AND AGREES BY USING SOFTWARE THAT SOFTWARE USAGE SHALL NOT ENTITLE USER TO FURTHER RIGHTS BEYOND THIS LICENSE, ESPECIALLY BUT NOT LIMITED TO AUDIO, VIDEO, PICTURES OR OTHER WORKS OF AUTHORSHIP COPYRIGHT.
E. USER UNDERSTANDS AND AGREES THAT PRIOR TO USAGE OF SOFTWARE VERSION "PRO" HAS FULLY INSTALLED AND TESTED THE FREE VERSION OF THE SOFTWARE. USER DECLARES THAT THE FREE SOFTWARE VERSION FULLY COMPLIES WITH THE TECHNICAL REQUIREMENTS OF THE HARDWARE WHERE THE SOFTWARE VERSION "PRO" IS TO BE INSTALLED AND EXECUTED.
F. USER UNDERSTANDS THAT MP2P MAKES NO GUARANTEES TO THE USEFULNESS OR FITNESS OF THE SOFTWARE FOR ANY PARTICULAR PURPOSE.
G. BY USING THE SOFTWARE, USER AGREES TO, AND AGREES TO BE BOUND BY ALL OF THE STATEMENTS CONTAINED IN THIS EULA.

III. PROVISIONS

A. USER SHALL BE ENTITLED TO THE PROVISIONS CONTAINED HEREIN ONLY IF USER AGREES WITH THE AGREEMENT IN SECTION II (2) OF THIS EULA. IF USER DOES NOT AGREE WITH THE AGREEMENT IN SECTION II (2) OF THIS EULA, THEN USER IS NOT ENTITLED TO ANY PROVISIONS CONTAINED HEREIN, AND USER AGREES NOT TO USE SOFTWARE, OR KEEP OR MAINTAIN ANY COPY OF THE SOFTWARE.
B. USER SHALL BE ENTITLED TO 1 (ONE) COPY OF SOFTWARE FOR USE ON 1 (ONE) COMPUTING DEVICE. USER, MAY, HOWEVER MAKE 1 (ONE) ADDITIONAL COPY OF SOFTWARE FOR THE PURPOSES OF BACKUP ONLY.
C. USER MAY NOT, UNDER NO CIRCUMSTANCES REDISTRIBUTE THE EXECUTABLE COMPONENTS, NEITHER PORTIONS OF THE EXECUTABLE COMPONENTS NOR FOR EXCLUSIVE USE AS AN INTEGRAL, DEPENDANT PART OF THEIR OWN SOFTWARE. USER MAY NOT, UNDER NO CIRCUMSTANCES REDISTRIBUTE SOFTWARE AS PREVIOUSLY MENTIONED WITHOUT ANY ROYALTY DUE TO MP2P.
D. USER MAY PURCHASE MULTIPLE LICENSES.
E. MP2P, MAY, AT ITS OWN DISCRETION, GRANT A LICENSE, OR AN ADDITIONAL LICENSE. SUCH A LICENSE HAS BEEN GRANTED ONLY WHEN USER GETS DIRECT NOTIFICATION OF SUCH A LICENSE FROM MP2P.

IV. RESTRICTIONS

A. USER MAY NOT, UNDER ANY CIRCUMSTANCES, MAKE COPIES OF SOFTWARE THAT ARE NOT SUBJECT TO THE PROVISIONS OF THIS EULA.
B. USER MAY NOT, UNDER ANY CIRCUMSTANCES, USE SOFTWARE TO CONDUCT ILLEGAL ACTIVITIES.
C. USER MAY NOT, UNDER ANY CIRCUMSTANCES, REVERSE ENGINEER, DECOMPILE, OR OTHERWISE USE SOFTWARE IN A WAY THAT WAS NOT ORIGINALLY INTENDED BY MP2P.
D. USER MAY NOT, UNDER ANY CIRCUMSTANCES, REDISTRIBUTE SOFTWARE, UNLESS THE SOFTWARE IS IN ORIGINAL UNMODIFIED FORM AS DOWNLOADED FROM THE MP2P WEBSITE. "UNMODIFIED FORM" IS CONSIDERED TO BE THE EXACT SEQUENCE OF BINARY DATA OF THE SINGLE FILE THAT WAS DOWNLOADED FROM THE MP2P WEBSITE. "UNMODIFIED FORM" IS NOT CONSIDERED TO BE ANY PORTION OF THE SOFTWARE, OR THE SOFTWARE AS IT APPEARS ON ANY OTHER MEDIA, OTHER THAN THE MP2P WEBSITE.
E. USER MAY NOT, UNDER ANY CIRCUMSTANCES, FOR ANY PURPOSE WHATSOEVER, REDISTRIBUTE THE LICENSE OR LICENSE KEYS ASSOCIATED WITH THE SOFTWARE.
F. LICENSE IS NON-TRANSFERABLE UNLESS GIVEN EXPRESS WRITTEN PERMISSION BY MP2P.
G. ANY VIOLATION OF THE RESTRICTIONS IN THIS EULA SHALL RESULT IN IMMEDIATE TERMINATION OF THE LICENSE GRANTED TO USER BY MP2P.

V.- "PRO" VERSION OF THE SOFTWARE

THAT WHICH IS ESTABLISHED IN THIS CLAUSE WILL ONLY BE APPLIED TO USERS OF THE "PRO" VERSION OF THE SOFTWARE.

A. Mp2p DECLARES THAT THE "PRO" VERSION OF THIS SOFTWARE OFFERS THE FOLLOWING CHARACTERISTICS:
- IT IS FREE OF PUBLICITY/ADVERTISEMENTS
- HAS ALL OF THE FUNCTIONS ACTIVATED
- ALLOWS FREE UPDATES DURING A PERIOD OF ONE YEAR FROM THE DATE OF AQUISITION. HOWEVER THE USER UNDERSTANDS THAT Mp2p DOES NOT HAVE THE OBLIGATION TO EXECUTE THESE UPDATES DURING THIS TIME OR ANY WHATSOEVER AT ANY OTHER MOMENT.

B. Mp2p RESERVES THE RIGHT TO DISSOLVE THIS AGREEMENT WITH THE USER OF THE PRO VERSION WITHOUT PREVIOUS NOTICE IF ANY OF THE CLAUSES INCLUDED IN THE DOCUMENT HAVE BEEN VIOLATED. IN THE SAME WAY Mp2p MAY DISSOLVE THIS AGREEMENT DUE TO FORCE MAJEURE OR WHEN THIS HAS BEEN JUDICIALLY ORDAINED.

c. Installation. The Software Vesion "PRO" can only be installed once on the User's computer, and hard drive failure, or installation on a new computer, may render the software unusable. In such an event, the User must phone the Softwrap toll free number and show proof of purchase via a transaction number to unwrap the Title for further use or alternatively the End User may show proof of purchase online via the Softwrap wizards and transaction number in order to unwrap the Title for further use. This will only be done once for the transfer to a new computer or disk, and thereafter the right to play the Title must be re-purchased. For further information about Softwrap, please visit their site at www.softwrap.com.

VI. LIABILITY

A. USER UNDERSTANDS THAT THE SOFTWARE IS PROVIDED "AS IS", AND MAY CONTAIN IMPERFECTIONS AND/OR ERRORS THAT MIGHT CAUSE PROBLEMS WITH AND/OR DAMAGE TO SOME SYSTEMS AND/OR DATA.
B. USER AGREES THAT MP2P SHALL NOT BE HELD LIABLE OR RESPONSIBLE TO USER, AFFILIATES, ASSOCIATES, AND/OR CUSTOMERS/CLIENTELE OF THE USER, FOR ANY DAMAGES, CONSEQUENTIAL OR OTHERWISE, RESULTING FROM THE USE AND/OR MISUSE OF THE SOFTWARE, DIRECTLY OR OTHERWISE.
C. USER AGREES TO ACCEPT ALL LIABILITY FOR ANY DAMAGES, CONSEQUENTIAL OR OTHERWISE, RESULTING FROM THE USE AND/OR MISUSE OF SOFTWARE, DIRECTLY OR OTHERWISE.

VII. SHARED FILES AND USER COPYRIGHT INFRINGEMENTS

A. MANOLITO OR MP2P DO NOT OWN OR CONTROL ANY FILE SHARED USING THIS SOFTWARE. MANOLITO IS ONLY THE SOFTWARE THAT ALLOWS YOU TO CONNECT TO OTHER USERS. WE DO NOT HAVE ANY CONTROL OVER THE CONTENT OF USERS OR THE ACTIONS OF OTHER USERS, AND WE ARE NOT ALLOWED TO EXAMINE THE INFORMATION THAT YOU CAN TRANSFER WITH THE SOFTWARE. THE GATEWAYS AND NODE CACHES THAT THE MANOLITO SOFTWARE USES DO NOT INDEX ANY FILE LISTINGS, NOR DO THEY ENABLE MANOLITO OR MP2P TO CONTROL OR MONITOR THE ACTIONS OF ANY USER. MANOLITO GATEWAYS AND NODE CACHES ARE SOLELY USED TO REFLECT THE IP ADDRESSES OF MANOLITO USERS TO OTHER MANOLITO USERS FOR A FASTER CONNECTION, AND ARE NOT INDISPENSABLE TO USE MANOLITO, CONNECT TO THE PEER TO PEER NETWORK AND DOWNLOAD OR UPLOAD FILES.
B. MANOLITO OR MP2P MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE FILES DOWNLOADED BY MANOLITO’S USERS. COPYING OR DISTRIBUTING UNAUTHORIZED FILES MAY VIOLATE COPYRIGHT LAWS. COMPLIANCE WITH THE COPYRIGHT LAW IS SOLELY THE USER'S RESPONSIBILITY. PLEASE DO NOT SHARE NOR DOWNLOAD COPYRIGHTED MATERIAL IF YOU DON'T HAVE THE RIGHT TO DO IT

VIII. RULING LAW

A. THIS LICENSE SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE PROVINCE OF MADRID, SPAIN WITHOUT REFERENCE TO ITS CONFLICT OF LAW PRINCIPLES. IN THE EVENT OF ANY CONFLICTS BETWEEN FOREIGN LAW, RULES, AND REGULATIONS, AND SPANISH LAW, RULES, AND REGULATIONS, SPANISH LAW, RULES AND REGULATIONS SHALL PREVAIL AND GOVERN. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THIS LICENSE. IF FOR ANY REASON A COURT OF COMPETENT JURISDICTION FINDS ANY PROVISION OF THIS LICENSE OR PORTION THEREOF, TO BE UNENFORCEABLE, THAT PROVISION OF THE LICENSE SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMISSIBLE SO AS TO EFFECT THE INTENT OF THE PARTIES, AND THE REMAINDER OF THIS LICENSE SHALL CONTINUE IN FULL FORCE AND EFFECT.
B. MANOLITO, THE MP2P LOGO, AND ALL TRADEMARKS, SERVICE MARKS AND TRADE NAMES OF MANOLITO AND/OR MP2P APPEARING IN THE MANOLITO SOFTWARE, ON THE MP2P WEB SITE ARE OWNED BY MP2P. MP2P TRADEMARKS, LOGOS, SERVICE MARKS, AND TRADE NAMES MAY NOT BE USED IN CONNECTION WITH ANY PRODUCT OR SERVICE THAT IS NOT MANOLITO’S OR MP2P, IN ANY MANNER THAT IS LIKELY TO CAUSE CONFUSION, OR IN ANY WAY THAT DISPARAGES