MPMM Enterprise

User License Agreement

 
Introduction
 
When purchased, this License entitles you to receive the MPMM Enterprise software and content suite. You will have the ability to install MPMM Enterprise on up to 20 PCs within your Organization as you wish. You will have the tools you need to export the content to your intranet and share your methodologies and templates within your Organization – up to the number of users Licensed by your purchase. The following terms and conditions describe this License in further details.
 
Method 123 Project Management Methodology ('MPMM')
 
MPMM® Enterprise is offered to you on the condition that you read and accept all the terms of this License ("License").
Acceptance will bind you and all of your employees, contractors and agents to the terms of this License.
 
Grant of Licences
 
1. You are granted a non-exclusive non-transferable right to use the MPMM Enterprise software, textual content, examples and templates (the "Licensed Products") strictly in accordance with the terms and conditions set out in this License.
2. You are also granted a non-exclusive non-transferable right to use the "Method123", "MPMM" and other Palmetto Document Systems brands ("Brands") on the Licensed Products, for the purpose of referencing the Licensed Products and/or your use of the Licensed Products.

 
Derived Works
 
3. You may create works that are based on or include parts of the content, examples and templates included within the Licensed Products ("Original Content"). These works are called "Derived Works" as they are derived from the Original Content.
4. If you wish to create a Derived Work which contains Original Content, then you must retain our copyright notices within it.
5. You agree that Palmetto Document Systems owns the intellectual property rights to the Original Content contained within the Licensed Product. This excludes the part of the Derived Works that you have created ("New Content"). You own all intellectual property rights to the New Content and indemnify Palmetto Document Systems for any costs, expenses or damages that may be claimed against or incurred by Palmetto Document Systems in relation to the New Content you have created.

 
Licence Products
 
6. This license allows you to install MPMM on up to 20 PCs or other devices within your Organization. The content can be published to your Intranet for viewing by up to your licensed reader count.
7. Your "Organization" is defined as [Company Name]. This License is valid for this single legal entity only. This License allows you to share the Original Content and Derived Works within your Organization up to your License limit. You are Licensed to place this content on your Organizational network or web server, allowing your Organization to access the materials provided. However you shall not:
(a) make any of the Original Content or Derived Works available outside of your Organization (e.g. by placing it on a publicly accessible website);
(b) use any of the Original Content or Derived Works to compete with Palmetto Document Systems or deprive Palmetto Document Systems of revenue;
(c) sell, sub-License, lease, hire out, or rent the Original Content or Derived Works.

Note:
  • The client / server version of the software has been tested for up to 200 concurrent users. If you wish to have more than this number of users accessing the client/server version of this software, then please email us at
8. You shall not:
(a) alter, modify, translate, reverse engineer, decompile or disassemble the software functionality within the Licensed Products, or permit others to do so;
(b) use the Brands to represent that you are accredited by, or have any type of affiliation or relationship with Palmetto Document Systems, other than as a Licensee of the Licensed Products.

 
Fees & Warranties
 
9. You will have paid and/or will pay Palmetto Document Systems the applicable License fees for the Licensed Products you have procured. Any attempt to circumvent License keys and activation procedures provided to you will be deemed to be a material breach of this License for which Palmetto Document Systems may immediately terminate all Licenses granted under this License by notice in writing and take steps to recover from you any fees due or compensation payable for such breach, and you shall be liable for all costs (including legal fees on a solicitor-client basis) incurred by Palmetto Document Systems in taking such steps.
10. Whilst Palmetto Document Systems believes that the Licensed Products are effective for the purpose specified on our Website, Palmetto Document Systems gives no warranty regarding the outcomes and results from your use of the Licensed Products as these outcomes are heavily dependent on the way in which you elect to use the Licensed Products.
11. You acknowledge that the Licensed Products cannot be guaranteed error free and that the existence of any such errors shall not constitute a breach of this License. Palmetto Document Systems will provide technical support for one year from the date of purchase. After that date you must pay optional yearly maintenance fees of 15% of license price to continue Palmetto Document Systems technical support. (This 15% fee may be modified in the future.)
12. You accept full responsibility for maintaining the Licensed Products free from corruption and from viruses. If you suspect that the Licensed Products have been corrupted, other than by reason of a breach of this License by you, Palmetto Document Systems may agree to supply a further copy of the Licensed Products to you free of charge, if requested by you.

 
Limitations & Term
 
13. Palmetto Document Systems makes no express or implied warranties under this License. Palmetto Document Systems excludes:
(a) from this License all conditions, warranties and terms implied by statute, general law, international convention or custom, except any implied condition or warranty, the exclusion of which would contravene any statute or cause this clause to be void ("Non-excludable Condition");
(b) all liability to you in contract for consequential or indirect damages arising out of or in connection with this License even if Palmetto Document Systems knew they were possible; or they were otherwise foreseeable, including, without limitation, lost profits and damage suffered as a result of claims by any third person, such as your client or customer; and
(c) all liability to you in negligence or other non-contractual cause of action in respect of which liability can be excluded for acts or omissions of Palmetto Document Systems, its employees, agents and contractors, arising out of or in connection with this License.
14. Palmetto Document Systems makes no express or implied warranties under this License. Palmetto Document Systems excludes:
(a) any express provision of this License is excluded except to the extent that such liability cannot lawfully be excluded whereupon Palmetto Document Systems' aggregate liability is limited to US$100; and
(b) any Non-excludable Condition is limited at Palmetto Document Systems' option to any one of supplying, replacing or repairing the goods or refunding the License fees for the goods in respect of which the breach occurred.
15. You acknowledge that you have exercised your independent judgment in acquiring the Licensed Products and have not relied on any representation made by Palmetto Document Systems which has not been stated expressly in this License.
16. This License commences upon installation of MPMM and/or activation of the relevant License key(s) and is granted in perpetuity but may be terminated by Palmetto Document Systems by notice in writing if you are in material breach of any term of this License.
17. Upon termination you shall:
(a) at the election of Palmetto Document Systems, destroy all copies of the Licensed Products in your possession; and
(b) destroy all copies of the Derived Works (excluding the New Content) in your possession and ensure the destruction of Derived Works (excluding the New Content) held by third parties.
18. Termination of this License shall not affect any rights or remedies which Palmetto Document Systems may have otherwise under this License or at law.

 
General
 
19. Palmetto Document Systems reserves the right to produce fixes, upgrades or updates of the Licensed Products from time to time, on terms determined by Palmetto Document Systems in its discretion. You agree that such fixes, upgrades or updates, provided to you, are deemed to form part of the Licensed Products and are subject to the terms set out in this License Agreement.
20. If any clause or provision of this License shall be held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such judgment shall not affect the remaining provisions of this License which shall remain in full force and effect as if such clause or provision held to be illegal or unenforceable had not been included in this License.
21. If any clause or provision of this License is inconsistent with the provision of any statute, the clause or provision of this License shall be read down to the extent necessary to render it consistent with the statutory provision.
22. This License is governed by and to be construed in accordance with the laws of the State of South Carolina in the United States of America (USA).
23. This License shall be binding upon Palmetto Document Systems and you, and Palmetto Document Systems' and your successors, trustees, permitted assigns, receivers or liquidators, but not any other persons.