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NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. BY COPYING, INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN YOU MUST NOT USE THE SOFTWARE.
iTerra Consulting Inc. owns all intellectual property in the Software. iTerra Consulting Inc. permits you to copy, download, install, use, or otherwise benefit from the functionality or intellectual property of the Software only in accordance with the terms of this agreement. The Software may include license validation. The license validation technology may prevent your use of the certain features of the Software if your license terms are expired or not purchased after the end of the trial period.
1. DEFINITIONS. iTerra Consulting Inc. or iTerra is a Colorado based software development company. Migration LogiK™ is the Software name. Computers or/and Servers means computers, including desktop and laptop computers, or servers, used for general computing functions under end user control (such as but not specifically limited to email, general purpose Internet browsing, and office suite productivity tools).
2. SOFTWARE LICENSE. Software can be obtained from the Migration LogiK™ download web page or distributed within the organization or among colleagues. iTerra Consulting Inc. grants you a non-exclusive license to use the Software in the manner and for the purposes described in the Documentation. Unlimited access to Software is granted for 15 days from the time of the first use as a trial period. After 15 days if the Software is not purchased, Upload/Download actions are being turned off.
2.1 General Use. You may install and use any number of copies of the Software on any computers. Single server side Software install is allowed and not limited to a trial period.
2.2 Backup Copy. You may make a reasonable number of backup copies of the Software, provided your backup copies are not installed or used for other than archival purposes.
3. INTELLECTUAL PROPRETY OWNERSHIP. The Software and any authorized copies that you make are the intellectual property of and are owned by iTerra Consulting Inc. The structure, organization and code of the Software are the valuable trade secrets and confidential information of iTerra Consulting Inc. The Software is protected by law, including but not limited to the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by iTerra Consulting Inc.
4. RESTRICTIONS.
4.1 No Modifications. You may not modify, adapt or translate the Software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted under applicable law to decompile only in order to achieve interoperability with the Software.
4.2 Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by iTerra Consulting Inc.
5. UPDATES. If the Software is an upgrade or update to a previous version of the Software, you must possess a valid license to such previous version in order to use such upgrade or update. All upgrades and updates are provided to you on a license exchange basis. You agree that by using an upgrade or update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to use previous versions of the Software on your Computer after you use the upgrade or update but only to assist you in the transition to the upgrade or update, provided that the upgrade or update and the previous versions are installed on the same computer. Upgrades and updates may be licensed to you by iTerra Consulting with additional or different terms.
6. LIMITED WARRANTY. iTerra Consulting warrants to the individual or entity that first Software use on Computers pursuant to the terms of this agreement that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following of the Software when used on the recommended operating system and hardware configuration. Non-substantial variation of performance from the Documentation does not establish a warranty right.
7. LIMITATION OF LIABILITY. IN NO EVENT WILL iTerra Consulting Inc BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF AN iTerra Consulting Inc. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. iTerra’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT.
8. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software and notifying iTerra Consulting Customer Service Department. This Agreement will terminate immediately without notice from iTerra Consulting if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon Termination, you must destroy all copies of Software.
9. EXPORT REGULATIONS. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
10. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and iTerra that iTerra owns the Migration LogiK™ trademark and all iTerra Consulting-related trademarks, service marks, logos and other brand designations, and you agree to comply with the iTerra Consulting Trademark and Logo Usage Requirements currently located at http://www.migrationlogik.com/policies/trademarks.
11. LICENSE VALIDATION. The Software's execution process transmits a limited amount of data to iTerra Consulting Inc. (or its service providers) for the sole purposes of license terms validation. iTerra Consulting Inc. does not collect or associate the data with personally identifiable information. Validation verifies that your license terms are active and not expired. Validation also permits you to use certain features of the Software. When the validation check is performed, the Software sends information about the software to iTerra Consulting Inc (or its service providers). This information includes the versions of the software and your computer name. iTerra does not use the information to identify or contact you. By using the software, you consent to the transmission of this information. If, after a validation check, your Software is found not to be properly licensed, certain functionality of the Software may be affected or disabled.
12.GENERAL PROVISIONS. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. This agreement will not prejudice the statutory rights of any party dealing as a consumer.

12.1 Pre-release Software Additional Terms. If the Software is pre-commercial release or beta software ("Pre-release Software"), then this Section applies. The Pre-release Software is a pre-release version, does not represent final product from iTerra, and may contain bugs, errors and other problems that could cause system or other failures and data loss. iTerra Consuling may never commercially release the Pre-release Software.

12.2 Tryout, Product Sampler, NFR, Additional Terms. If the Software is tryout, starter, product sampler, or NFR software ("Tryout Software"), then the following Section applies. The Tryout Software may contain limited functionality and is to be used for demonstration and evaluation purposes only and not for your commercial purposes. YOUR USE OF TRYOUT SOFTWARE IS AT YOUR OWN RISK.