Software License Agreement
for
Molten MIDI 2 - Programming Utility

1. This is an agreement between Molten Voltage, the Licensor, and YOU, the Licensee, who is being granted this limited licensed to use the Molten MIDI 2 Programming Utility, hereinafter called the Software.

2. Licensee acknowledges that this is only a limited non-exclusive license. Licensor is and remains the owner of all titles, rights, and interests in the Software.

3. This License permits Licensee to install the Software on compatible computers for the sole purpose of programming Molten MIDI 2, hereinafter called the Device.

4. Licensee shall not make copies of the Software, other than for personal use in connection with the Device.  Licensee shall not distribute copies of the Software for any reason and shall not use the Software in connection with any other devices or software.

5. This Software is subject to a Limited Warranty. Licensor warrants to Licensee that, for a period thirty (30) days, the Software will perform according to its printed documentation, but shall be used at Licensee's own risk.  The Software has been thoroughly tested for use with Windows XP, Vista, and Windows 7 operating systems, but Licensor cannot guarantee that the Software will work with every hardware combination, nor can Licensor guarantee that the Software will be compatible with every other piece of software.  Please see our lise of known compatible MIDI devices at www.moltenvoltage.com/molten_midi_2.html

To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of Licensor is authorized to make any other warranties or to modify this limited warranty. If the law of YOUR jurisdiction does not allow disclaimer of implied warranties, then any implied warranty is limited to ten (10) days after delivery of the Software to Licensee. Licensee has specific legal rights pursuant to this warranty and, depending on Licensee's jurisdiction, may have additional rights.

6. In case of a breach of the Limited Warranty, Licensee's exclusive remedy is as follows: YOU shall delete all copies of the Software in YOUR possession.  Licensee may then send the Molten MIDI 2 device back to Licensor at Licensee's expense with Proof of Purchase and obtain a full refund.

7. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE'S USE OF THIS SOFTWARE. Licensee's jurisdiction may not allow such a limitation of damages, so this limitation may not apply, or may only apply in part.

8. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee's use of the Software and/or the Device.

9. Licensor has the right to terminate this License Agreement and Licensee's right to use this Software upon any material breach by Licensee.

10. YOU agree to return to Licensor or to destroy all of YOUR copies of the Software upon termination of the License.

11. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.

12. This License Agreement is governed by the law of California applicable to California contracts.

13. This License Agreement is valid without Licensor's signature. It becomes effective upon Licensee's first use of the Software. 

14. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. 

2010 - Molten Voltage
legal@moltenvoltage.com