Magic Desktop License Agreement for Business Use

Magic Desktop End User License Agreement >>

DO NOT USE, INSTALL OR LOAD THIS SOFTWARE AND ANY ASSOCIATED MATERIALS (COLLECTIVELY, THE “SOFTWARE”) UNTIL YOU HAVE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. BY LOADING, INSTALLING OR USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE, INSTALL OR LOAD THE SOFTWARE.

IMPORTANT NOTE: This Software may be used to reproduce materials. It is licensed to you only for reproduction of materials you are authorized or legally permitted to reproduce. Remote access of copyrighted content is only provided for lawful use or as otherwise legally permitted. If you are uncertain about your right to copy or permit access to any material you should contact your legal advisor.

Terms of use

Device License.

Licensee may install one copy of the software on a Licensed Device or within a local virtual hardware system on a Licensed Device for each License acquired.
Local use is permitted for any user.
Any number of users may access and use the device at a time.

Licensee's Use Rights.
Licensee may use the Products to offer commercial and non-commercial services to third parties.

Restrictions.
Licensee may not (and is not licensed to) use the Products to work around any technical limitations in the Products or restrictions in Product documentation, or separate the software for use in more than one operating system Instance under a single License (even if the OSEs are on the same physical hardware system), unless expressly permitted by Easybits. Rights to access the software on any device do not give Licensee any right to implement Easybits patents or other Easybits intellectual property in the device itself or in any other software or devices.

Outsourcing Software Management.
Licensee may install and use licensed copies of the software on devices that are under the day-to-day management and control of third parties, provided all such devices are and remain fully dedicated to Licensee’s use. Licensee is responsible for all of the obligations under its volume licensing agreement regardless of the physical location of the hardware upon which the software is used.

License Assignment and Reassignment.
Before Licensee uses software under a License, it must assign that License to a device, as appropriate. Licensee must remove the software or block access from the former device.

Technical Measures.
Products are protected by technological measures and require activation or validation, as well as a product key, to install or access them.

Activation and validation.
Successful activation or validation verifies that a software Product has been correctly installed, the product key is not stolen, and that no changes have been made to validation, licensing, or activation functions of the software. Licensee’s right to use the software after the time specified in the software Product may be limited unless it is activated. Licensee may not circumvent activation or validation.
Product Keys.
All product keys are Confidential Information of Easybits. Licensee may not disclose product keys to third parties. In the event of unauthorized use or disclosure of product keys, Easybits may prevent further activations, deactivate or block product keys from activation or validation, and take other appropriate action.

Ownership of copyrights and intellectual property

Title to all copies of the Software remains with Easybits or its suppliers.
The Software is copyrighted and protected by the laws of your country and by international treaty provisions.
You may not remove any copyright notices from the Software.
Easybits may make changes to the Software at any time without notice, and is not obligated to support or update the Software.
Except as otherwise expressly provided, Easybits grants no express or implied right under Easybits patents, copyrights, trademarks, or other Easybits intellectual property rights.

Consent to use of data

You agree that Easybits and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Software and to verify compliance with the terms of this License.
Easybits may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

Other services

Easybits offers applications enabling users to access the Internet, and Easybits holds no responsibility for third-party online content.
You agree that you will not use any third-party products or services in a manner that would infringe or violate the rights of any other party, and that Easybits is not in any way responsible for any such use by you.

Limited media warranty

IF THE SOFTWARE HAS BEEN DELIVERED BY EASYBITS ON PHYSICAL MEDIA, EASYBITS WARRANTS THE MEDIA TO BE FREE FROM MATERIAL PHYSICAL DEFECTS FOR A PERIOD OF NINETY (90) DAYS AFTER DELIVERY BY EASYBITS. IF SUCH A DEFECT IS FOUND, RETURN THE MEDIA TO EASYBITS FOR REPLACEMENT OR ALTERNATE DELIVERY OF THE SOFTWARE AS EASYBITS MAY SELECT. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

Exclusion of other warranties

EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EASYBITS DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN OR LINKED TO BY THE SOFTWARE.

Limitation of liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL EASYBITS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF EASYBITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL EASYBITS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT YOU PAID TO PURCHASE THE SOFTWARE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

User submissions

With the exception of Easybits privacy statement, you agree that any material, information or other communication you transmit or post to an Easybits website or provide to Easybits will be considered non-confidential and non-proprietary ("Communications").
Easybits will have no obligations with respect to the Communications and you agree that title to any such Communications will be shared with Easybits.
You agree that Easybits and its designees are free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and licensees, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein, including derivative works, for any and all commercial or non-commercial purposes.

Termination

Easybits may terminate this Agreement at any time if you violate its terms.
Upon termination, you will immediately cease using and destroy the Software or return all copies of the Software to Easybits.

Applicable laws and general provisions

This license is governed by and shall be interpreted in accordance with the laws of Norway, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded.
All disputes and claims of whatever nature shall be adjudicated by a court of competent jurisdiction in Norway.
You may not export the Software in violation of applicable export laws and regulations.
Easybits is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Easybits.
This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter.
Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.