Personal Information and Email Policy

Please rest assured that at abgoodwin.com and mandalasoftware.com we respect your privacy.

We never share any personal information provided to us by our customers with third parties.

We follow email best practices.

Email originating from us will be one of two kinds:

1. Newsletter: Our Center of the Circle newsletter "from" address is newmoon@abgoodwin.com. The newsletter is strictly opt-in. You can unsubscribe at the bottom of any edition.

2. Sales and support communication: These messages will come from alan@abgoodwin.com or support@abgoodwin.com

Software Download and Licensing Information

LICENSING

When you download a MandalaMaker software package, it contains software ("Software") and related explanatory written materials ("Documentation"). "Software" includes any upgrades, modified versions, updates, additions and copies of the Software. "You" means the person or company who is being licensed to use the Software or Documentation. "We" and "us" means Alan Goodwin.

Once the MandalaMaker software is installed on your computer, it can be run in a "Demonstration Mode." In this demo mode, the software is fully functional for ten days. A "Demo" watermark appears on all documents.

Once the demonstration period has expired, the software will be inoperable until a license is purchased. If you decide not to purchase a license, you should follow the uninstall directions to remove the software from your computer.

When you buy a license, you have not purchased the software, only a license to use it. This is a non-exclusive license to use one copy of the Software on any single computer. If you have both a desktop and laptop computer, you may install the Software on both machines, provided the Software is in use on only one computer at any time. The Software is "in use" on a computer when it is loaded into temporary memory (RAM) of a computer. Note that in order to make the Software functional on the second computer, you will need to request an additional (no-cost) license from that machine.

TITLE

We remain the owner of all right, title and interest in the Software and Documentation.

ARCHIVAL OR BACKUP COPIES

You may either:

• make one copy of the Software solely for backup or archival purposes, or
  
• transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.
  

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--for example a book. You may not:

• copy the Documentation,
  
• copy the Software except to make archival or backup copies as provided above,
  
• modify or adapt the Software or merge it into another program,
  
• reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,
  
• attempt to circumvent the licensing mechanisms built into the software,
  
• Place the Software onto a server so that it is accessible via a pubic network such as the Internet, or
  
• sublicense, rent, lease or lend any portion of the Software or Documentation.

TRANSFERS

Your software license in not transferable.

LIMITED WARRANTY

We warrant that for a period of 90 days after delivery of this copy of the Software to you:

• the physical media (if any) on which this copy of the Software is distributed will be free from defects in materials and workmanship under normal use, and
  
• the Software will perform in substantial accordance with the Documentation.

To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

LIMITED REMEDY

Our entire liability and your exclusive remedy shall be:

• the replacement of any diskette(s) or other media not meeting our Limited Warranty which is returned to us or to an authorized Dealer or Distributor with a copy of your receipt, or
  
• If we or an authorized Dealer or Distributor are unable to deliver a replacement diskette(s) or other media that is free of defects in materials or workmanship, you may terminate this Agreement by returning the Software and Documentation and your money will be refunded.

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.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TERM AND TERMINATION

This license agreement takes effect upon your 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 on 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, PROTOCALS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

GENERAL PROVISIONS

1. 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.
   
2. This license agreement may be modified only by a writing signed by you and us.
   
3. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
   
4. This license agreement is governed by the laws of the state of Massachusetts.
   
5. 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.