MOTM Business Consultants
Software Purchase License Agreement
and

Consulting Services Agreement

Definitions:

The Software Systems and Consulting Services available from MOTM Business Consultants are referred below as the "System".

The "User" is the purchaser of System or has requested hourly Consulting Services.

Single and Site License options:

·        Single Use: The ability to use the System on only one Production Environment that is owned by the User. 

The User can install and test the System on Development and Testing Workstations / Servers.

·        Site License: The ability to use the System at one Physical Location that is owned by the User.  The User can be a Company.  The Site License excludes any Parent or Subsidiary Company.

Use of the the System from MOTM Business Consultants:

·        MindOfTheMachine.com is a website that hosts MOTM Business Consultants.  Mind Of The Machine is a registered trademarked named owned by a Developer which is separate from MOTM Business Consultants.  Upgrades to the System(s) where applicable are posted on the Mind Of The Machine Download page.

·        The System is Intellectual Property owned by a Developer(s) that is separate from MOTM Business Consultants.

·        Purchase and use of the System does not include the source code, only: (a) the compiled executable(s); (b) website published files; (c) supporting documents; (d) application configuration files.

·        The System, developed by a Developer(s), are programmed using Microsoft Visual Studio.Net 2008/2010 and the Microsoft Visual Studio .Net Framework is required in the use of the System.  It can be downloaded at: http://www.microsoft.com/download/en/details.aspx?id=21 Microsoft and Visual Studio .Net are registered trademarks and copyrights of Microsoft:

 http://www.microsoft.com/About/Legal/EN/US/IntellectualProperty/Trademarks/EN-US.aspx

·        MOTM Business Consultants assumes no warranty other than a refund of the price of the software within 30 days of purchase if the software does not perform as described with in this website and documentation that comes with purchase.

·        MOTM Business Consultants is is not liable or responsible for data loss or any damages from the use of the System.

·        MOTM Business Consultants, in NO EVENT, with be liable to the User on any legal theory for any special, incidental, consequential, punitive or exemplary damages arising out of this license or the use of the System, even if MOTM Business Consultants has advised of the possibility of damages to data, man power hours lost, intellectual property loss, etc.

·        There are no separate agreements between MOTM Business Consultants and and the User of the System.

·        The databases used and provided with the System are intellectual property and can be used freely with the System by the the User only based on the single user or site license agreement.

·        This License and the rights granted will terminate automatically upon any breach by the User and can result in loss of use of the System.

·        The User will by no means what so ever use the System to reverse engineer for the purposes of: coping the processes, look/feel (UI) and outputs.  MOTM Business Consultants and the Developer(s) reserve the right to seek legal remedies for any misuse of the System for the purposes stated.