License Agreement


IMPORTANT! READ BEFORE ACCEPTING THE SOFTPMO PROJECT MANAGEMENT TOOLKIT LICENSE AGREEMENT
LICENSE AGREEMENT AND LIMITED WARRANTY FOR MAK CON LLC SOFTPMO PROJECT MANAGEMENT TOOLKIT

MAK CON LLC ("LICENSOR") IS WILLING TO LICENSE THIS WEB-BASED APPLICATION TO YOU ONLY IF YOU ACCEPT ALL OF THE TERMS IN THIS LICENSE AGREEMENT (“AGREEMENT”). PLEASE READ THE TERMS CAREFULLY AND BE SURE YOU UNDERSTAND THEM. BY LOGGING INTO SOFTPMO FRAMEWORK YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, LICENSOR WILL NOT LICENSE THIS APPLICATION TO YOU, AND IN THAT CASE YOU MUST PROMPTLY NOTIFY LICENSOR AND RETURN ALL WRITTEN MATERIALS TO LICENSOR FOR A FULL REFUND.

  1. The web-based application, SOFTPMO PROJECT MANAGEMENT TOOLKIT ("Application"), is owned by Licensor, and is protected by the United States of America and international copyright laws. MAK CON LLC owns the title, copyright, and other intellectual property rights in the Application. The Application is licensed, not sold.
  2. Licensor grants a non-exclusive, non-assignable, and nontransferable license to use the Application and the documentation provided with the Application (“Content”) strictly in accordance with the terms and conditions of this agreement. The license to access the Application is granted on a yearly basis, with the option to renew your license before the end of each year for a set fee. The licensor may terminate the license by notice in writing at any point in time if you are in material breach of any part of this license (see clause 10 for detail on termination). 
  3. You may download Application Content (i.e. Templates, Template Instructions, PM Knowledge) for your use in accordance with the terms and conditions of this agreement. You may not remove any MAK CON LLC copyright notices. You may create derivative works of Templates populated with your project content (“Derivative Works”). You may copy and distribute any Derivative Work you create, subject to clause 4.
  4. You acknowledge and agree that the Licensor owns all intellectual property rights in the Derivative Works excluding any content you add. You own all intellectual property rights to the content you add and you agree to indemnify the Licensor for any costs and damages related to your content.
  5. You shall not sell, distribute, sub-license, lease, hire out, share use of, rent or transmit ("Transaction") the Licensed Products or Derivative Works if such Transaction competes in any way with the business operated by the Licensor if such Transaction would in any way deprive the Licensor of any license or other fees.
  6. Any attempt by you to use the Licensed Products without payment of the applicable license fees and/or to circumvent license keys and activation procedures relevant to the type and number of licenses you have procured for use of the Application will be deemed to be a material breach of this License for which the Licensor may immediately terminate all licenses granted under this License by notice in writing and take steps to recover from you any fees due or compensation payable for such breach, and you shall be liable for all costs (including legal fees on a solicitor-client basis) incurred by the Licensor in taking such steps.
  7. TO THE EXTENT PERMITTED BY LAW LICENSOR DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION. This limited warranty gives you specific legal rights. Licensor makes no guarantee that user will pass or improve their results from any exams nor that user's productivity will improve.
  8. LICENSOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE RETURN OF THE PRICE.
  9. TO THE EXTENT PERMITTED BY LAW IN NO EVENT WILL LICENSOR BE LIABLE TO YOU OR ANY ONE ELSE FOR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THIS APPLICATION.
  10. In the event of the termination of this Agreement by Licensor due to a material breach, you shall destroy all copies of the Application Content downloaded to your computer and all copies of the Derivative Works in your possession (excluding your content) and ensure destruction of Derivative Works (excluding your content) in possession of third parties.
  11. This Agreement is governed by, and is subject to the jurisdiction of, the laws of the State of New York.
  12. U.S. Government Restricted Rights. The Application and Content are provided with Restricted Rights. Licensor is MAK CON LLC, 330 East 39th Street, Suite 19P, NY, NY 10016 USA.
  13. All inquiries concerning this License must be sent in writing to: MAK CON LLC, 330 East 39th Street, Suite 19P, New York, New York,10016 or license@softpmo.com