NoteMagician™; Copyright© 2009-2025 by NxGen Software, L.L.C. All rights reserved.
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT BEFORE YOU USE THIS SOFTWARE. BY ACCEPTING THIS AGREEMENT YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE UNINSTALL AND REFRAIN FROM USING, AND, IF APPLICABLE, RETURN THIS PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.
LICENSE GRANT
The software, in whatever format it was received (such as a downloadable installation package) contains software (“Software”) and related explanatory materials (“Documentation”). “Software” includes any upgrades, modified versions, updates, additions and copies of a product named “NoteMagician”.
NxGen Software, L.L.C. may from time to time create software products with similar names that are NOT covered by this License. The Software covered by this license must be named “NoteMagician”, “NoteMagician PRO” or something similar.
“You” means the person or company who is being licensed to use the Software and/or Documentation. “We”, “us”, and “our” means NxGen Software, L.L.C.
NoteMagician™ is not free software, however NxGen Software, L.L.C grants you a non-exclusive license to use the Software without any additional charges forever. Any license fee you may have paid will either entitle you to one year of support and updates, or, for the “Lifetime License”, unlimited updates and unlimited free support. You may also copy and distribute verbatim copies of the Software as you received it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program. You may install and use this Software on any computers that you own or are responsible for.
TITLE
We remain the owner of all right, title and interest in the Software and Documentation.
ARCHIVAL OR BACKUP COPIES
You may either as many backup or archival purposes of Software as you desire.
THINGS YOU MAY NOT DO
The Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material, such as a book. You may not:
- modify or adapt the Software or merge it into another program
- reverse engineer, disassemble, de-compile or make any attempt to discover the source code of the Software
- re-sell the software to any third party without express written permission of NxGen Software, LLC.
TRANSFERS
You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software and Documentation, including all copies, updates and prior versions to such person or entity and that you retain no copies, including copies stored on any computer.
NO WARRANTY
THE SOFTWARE IS SOLD “AS-IS”. THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING WE PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
TERM AND TERMINATION
This license agreement takes effect upon your first use of the Software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree upon termination of this license to either return to us or destroy all copies of the Software and Documentation in your possession.
CONFIDENTIALITY
The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and Documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
GENERAL PROVISIONS
- This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any and all prior oral or written agreements, negotiations or other dealings between us concerning the Software.
- This license agreement may be modified only by a writing signed by you and us.
- This license agreement is governed by the laws of the state of Florida.
- You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.