MOSQUITO SW SOFTWARE LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY BEFORE USING THE SOFTWARE  This document is a legal agreement ("Agreement") between you and Mosquito SW and governing your use of the software and the user manual (including without limitation, sound data and image data, correctively, the "Software").  BY DOWNLOADING AND USING THE SOFTWARE, YOU ARE DEEMED TO HAVE BEEN AGREED TO THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.

1.  GRANT OF LICENSE

Mosquito SW grants you a non-exclusive license to install the Software into your computer.

2.  RESTRICTIONS

You shall not use, copy or transfer the Software except as expressly granted or permitted herein, and shall not assign, sublicense, sell, rent, lease, loan or convey to any third party the Software, and you also shall not have any third party to do so.  In addition, you shall not alter, translate, modify, convert to another programming languages, disassemble, decompile or otherwise reverse engineer the Software and you also shall not have any third party to do so.

3.  COPYRIGHT NOTICE

You may not modify, remove or delete any and all copyright notices (i) which are contained in the Software, including any copy thereof.

4.  OWNERSHIP

Mosquito SW retain in all respects the title, ownership and intellectual property rights in and to the Software.

5.  LIMITED WARRANTY AND DISCLAIMER OF INDEMNITY:

LIMITED WARRANTY.   THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.  SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT MOSQUITO SW, THEIR DISTRIBUTORS AND DEALERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Mosquito SW do not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free.

NO LIABILITY FOR DAMAGES.   IN NO EVENT SHALL MOSQUITO SW BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS INTERRUPTION OR OTHER COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE SOFTWARE, USE THEREOF OR INABILITY TO USE THE SOFTWARE EVEN IF MOSQUITO SW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DISCLAIMER OF INDEMNITY.   MOSQUITO SW SHALL ASSUME NO OBLIGATION TO INDEMNIFY YOU AGAINST ANY CLAIM OR SUIT BROUGHT BY A THIRD PARTY ALLEGING THAT THE SOFTWARE OR USE THEREOF INFRINGES ANY INTELLECTUAL PROPERTY OF SUCH THIRD PARTY.

6.  TERM: 

This Agreement is effective upon your acceptance hereof by using the Software and remains in effect until terminated.  You may terminate this Agreement by destroying the Software including any and all copies thereof.  This Agreement shall also terminate if you fail to comply with any terms of this Agreement.  In the event that this Agreement terminates for your failure to comply with this Agreement, in addition to Mosquito SW enforcing its respective legal rights, you must promptly destroy the Software including any and all copies thereof.

7.  ACKNOWLEDGMENT: 

BY USING THE SOFTWARE, YOU ARE DEEMED TO HAVE ACKNOWLEDGED THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREED TO BE BOUND BY ITS TERMS AND CONDITIONS.  YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN YOU AND MOSQUITO SW CONCERNING THE SUBJECT MATTER HEREOF AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND MOSQUITO SW RELATING TO THE SUBJECT MATTER HEREOF.  NO AMENDMENT TO THIS AGREEMENT SHALL BE EFFECTIVE UNLESS SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF MOSQUITO SW.