MagicBeans™ "License Agreement and Terms of License"
License for use of MagicBeans™ ("the Software") is granted by The Elk River Group, Inc. ("Licensor")
through purchase of the Software by the Purchaser ("Licensee"), or free-use authorized by Licensor to a user (also "Licensee").
The MagicBeans™ License Agreement and Terms of License ("the License"), will be available for review at any time from the
MagicJackBeans.com website ("the Website") (excepting special circumstances such as network outages, upgrades, etc.),
and is subject to modification at any time.
MagicBeans™ is licensed "as is,” and as such, does NOT grant the Licensee any warranty whatsoever, including
but not limited to:
functionality, operability, service and website availability, feature availability, fitness for any purpose at all,
liability for actual or alleged damages (consequential, incidental, physical, psychological or any other), through
negligence or otherwise. The Licensee assumes ALL actual and potential risks of operation of the Software, and waives any
legal claim for compensation for any reason. The Licensee acknowledges that the Software is dependent on Third Party
software and networks, and as such may cease to function at any time due to circumstances beyond Licensor's control. The
Licensee assumes all risk in such an event, and shall not be entitled to any compensation or reimbursement due to an event
of this nature (or any other). In any case or situation, should compensation or re-imbursement be found necessary through any
legal remedy (for example, in a ruling that does not allow some exclusion(s) or portions of this agreement), it shall not
exceed the original purchase price of the Software less Licensor's selling fees. If a portion of this agreement is judged
not acceptable by a court of law, the remainder of the agreement shall continue in force without prejudice. This agreement
expressly requires the Licensee to waive any and all claims for damages alleged or found to have been caused by the software,
the network(s) or sites it may connect to. Further, this agreement expressly requires the Licensee to waive claims for
compensatory damages and recovery of legal fees, should any legal action be taken; and agrees that the jurisdiction of any
such legal action shall be Lincoln County, Tennessee, USA.
The Licensee acknowledges that the Licensor makes every attempt to assure the Software is free from any malware or
code which would cause harm to the Licensee's equipment or software. Nevertheless, the Licensee assumes full responsibility
and liability for such harm, alleged or real, as a result of installing and/or running the Software on any computer.
The Licensee also warrants that they are of legal age to enter into a contractual agreement in their jurisdiction.
Should the Licensee not agree with or understand ANY statement in the "License Agreement and Terms of License" as it was
written when License for Use was granted to them OR AT ANY REVISION THEREAFTER, their sole remedy (other than
clarification and full acceptance of said "License Agreement and Terms of License") is to discontinue use of the Software, and
completely uninstall all versions of the Software; thereafter forfeiting their rights to License for use of the Software, and
and their associated subsequent use of the Software. Such a Licensee may contact the Licensor through the contact information
provided on the Website, explaining Licensee's reason for discontinuance of use of the Software and non-acceptance of the
"License Agreement and Terms of License".
At its SOLE discretion, the Licensor may decide to refund some, all or none of the original purchase price; or Licensor
may decide to modify the License, and re-issue a License for use of the Software by the Licensee. Refunds WILL NOT be given
so that the Licensee can "try out" the Software, OR if the Licensee is not willing to take the steps needed and recommended by us
to resolve an issue. An example of this would be uninstalling a poorly operating, conflicting software (eg: some AntiVirus
software), or disinfection of malware. We require this because we know that MagicBeans™ works well on all Windows platforms
(XP and higher). Nearly every issue encountered to date has not been caused by MagicBeans™, but the result of systemic
problems of the Licensee's existing software. These may not always be issues a Licensee may wish to deal with [for whatever reason],
but those few Licensees not willing to do so should not expect a refund. Further, all information necessary to evaluate the
suitability of the Software is either provided on the website or can be obtained through pre-sale contact. If the potential Licensee
feels the website information is insufficient for their purposes, they may either choose to not purchase the License, or contact the
Licensor for additional written information specific to their concern(s) prior to purchase.
This Line Signifies The Endpoint of the MagicBeans™ "License Agreement and Terms of License"
All of the above legal-speak being stated (with the actual License Agreement and Terms of License being found on the
MagicJackBeans.com website), the staff at DeltaSoft™ SuperComputing (a tradename of The Elk River Group, Inc.) is
dedicated to the satisfaction of all of our customers. We listen to your requests for features or improvements;
and are especially attentive if you are having any difficulties using or installing MagicBeans™. We will work with
anyone who has the patience to work with us on any or all such issues; and will work with you, for as long as is
necessary or deemed reasonable to satisfy you, the customer. If we can not, we will attempt to do what is fair and necessary
to make you happy, within the confines of sensibility of course.
Our biggest reward providing this software to you is the enjoyment you express to us in using it.
MagicBeans™ means “More Magic for your Jack” ™
