By using the First Draft software, you indicate your acceptance of the following License Agreement. If you do not agree to any of the terms of this License, then do not use First Draft.
1. LICENSE. Nicole Miller hereby grants a license to use First Draft and its accompanying documentation on the following terms:
2. LIMITATIONS ON LICENSE. You shall not make use of the Nicole Miller name and/or any trademarks, service marks, trade dress adopted and/or used by Nicole Miller, First Draft Programmer.
3. TITLE. Title, ownership rights, and intellectual property rights in and to First Draft, and each copy thereof (including all copyrights therein), shall remain to Nicole Miller, First Draft Programmer. First Draft is protected by the copyright laws of the United States and international copyright treaties.
4. WARRANTY AND LIMITATION OF LIABILITY. There is no warranty for the software. Nicole Miller, provides the software 'as is,' and Nicole Miller, disclaims all conditions and warranties of any kind, either expressed, implied, statutory, or otherwise, including, but not limited to, any conditions or implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose. Should the software prove defective, you assume the cost of all necessary servicing, repair or correction. Nicole Miller, makes no warranty of noninfringement of the intellectual property rights of third parties.
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Nicole Miller, be liable to you or any other person for any general, direct, indirect, special, incidental, consequential, or other damages of any character arising out of this agreement or the use of or inability to use the software, including but not limited to personal injury, loss of profits, loss of data, output from the software or data being rendered inaccurate, failure of the software to operate with any other programs, damages for loss of goodwill, business interruption, computer failure or malfunction, or any and all other damages or losses of whatever nature, even if Nicole Miller, has been informed of the possibility of such damages.
5. INDEMNIFICATION. You shall defend, indemnify and hold harmless Nicole Miller, from any claim, demand, liability, damage award, suit, judgment, or other legal action (including reasonable attorney's fees) arising out of your use, distribution, modification, or duplication of First Draft.
6. TERMINATION. The license granted hereunder may be terminated at any time for any reason, and is effective until terminated by Nicole Miller, First Draft Programmer. You may terminate it at any time by destroying your copy of First Draft. This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all of your copies of First Draft. The termination of this license will not result in a refund.
7. EXPORT CONTROLS. None of First Draft's underlying information or technology may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country in violation of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data. By downloading or using First Draft, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country.
8. MISCELLANEOUS. This agreement represents the complete agreement concerning this license between parties, supersedes all prior agreements and representations between them, and does not entitle anyone to a refund based on a previous agreement. If any provision of this agreement is held to be unenforceable for any reason, this agreement, along with your rights to use First Draft, shall terminate. This agreement shall be governed by and construed under California law as such law applies to agreements between California residents entered into and to be performed within California, except as governed by U.S. federal law.
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Copyright ©2014- Nicole Miller