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BY USING THE MBRM WEB SERVICE YOU ARE
ACKNOWLEDGING THAT YOU HAVE READ AND AGREED THIS LICENSE AND LIMITED
WARRANTY.
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MBRM WEB SERVICE LICENSE AND
LIMITED WARRANTY |
THIS DOCUMENT IS A LEGAL
AGREEMENT BETWEEN YOU (THE USER) AND MB RISK MANAGEMENT ("MBRM"). BY USING
MBRM'S WEB SITE AND/OR DOWNLOADING AND/OR USING MBRM's SOFTWARE
("SOFTWARE"), YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
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You agree that because of
the nature of the Internet, the MBRM Web Service ("SERVICE") is provided
on an 'as available' and 'as is' basis. MBRM are not liable to you if the
service has an interruption or is withdrawn, regardless of the reason. The
service is provided on an "AS IS" basis, without warranty of any kind,
including without limitation the warranties of merchantability, fitness
for a particular purpose and non-infringement. The entire risk as to the
quality and performance of the service is borne by the user. All
warranties, either express or implied, are disclaimed.
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MBRM
does not sell any rights in, or title to, the software or service. The
software and service is owned by MBRM and is protected by copyright laws.
The user agrees he will not copy, nor redistribute, either in part or in
whole, the MBRM web site or any content on the MBRM web site. Reverse
engineering of the software and/or service is prohibited. The user
confirms that he is not participating in the development or marketing of
software or services competing with MBRM's software and/or services. The
user also confirms that he will not deliberately attempt to bypass or
otherwise compromise the security and/or accessibility of MBRM's web site
and/or software.
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UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MBRM OR ITS
SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES. UNDER NO EVENT SHALL MBRM'S TOTAL CUMULATIVE LIABILITY
TO A USER FOR ANY AND ALL INCIDENTS EXCEED THE NET AMOUNT ACTUALLY PAID,
DIRECTLY OR INDIRECTLY, TO MBRM BY THE USER (I.E. AFTER DEDUCTING ANY
AMOUNT REPAID BY MBRM TO THE USER), EVEN IF MBRM SHALL HAVE BEEN INFORMED
OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
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MBRM may send you details
of new products, special offers, Internet developments and other services.
These communications are integral to the MBRM web service.
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All contracts are construed and
governed by English law and shall be subject to the exclusive jurisdiction
of the English Courts. If any portion of these terms is construed to be
invalid or unenforceable, the remainder shall not be affected and remain
fully enforceable. These terms may only be amended in a written contract
between you and an authorised director of MBRM. All other rights are
reserved by MBRM.
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