Short Messaging Planner 1.67


EULA - End User License Agreement



End User License Agreement (EULA)

1. This is an agreement between APPLIED MESSAGING SYSTEMS (“Licensor”) and Licensee, who is being licensed to use the Software.

2 DEFINITIONS:

2.1 "Licensee" is a person or organization who uses the copy of the Software.

2.2 "Computer system" means one (1) central processing unit (CPU) that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions;

2.3 "Documentation" means any accompanying printed materials, this License, any other agreement you may have with APPLIED MESSAGING SYSTEMS relating to this Software, and its "online" or electronic documentation;

2.4 "Software" means “SHORT MESSAGING PLANNER shareware” computer program created and owned by APPLIED MESSAGING SYSTEMS including its source code, objects (including their APIs) as well as any graphical images, templates, text, animations, audio, music, video and "applets" incorporated into the program;

2.5 "Use" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.

3. Licensee acknowledges that this is only a limited nonexclusive license. Licensor is and remains the owner of all titles, rights, and interests in the Software. The Software is protected by copyright laws of Canada and international copyright treaty provisions.

4. This License permits Licensee to install the Software on more than one computer system and to copy and distribute the Software in an unchanged form.

5. The Licensee may not:
a. translate, reverse engineer, decompile, or disassemble the Software
b. rent, lease, assign, sell, sublicense, lend or transfer the Software to a third party,
c. remove or destroy any information about copyright of the Software or other information regarding the ownership of the Software,
d. modify the Software or merge all or any part of the Software with another program;

6. This Software is subject to a limited warranty. Licensor warrants to Licensee that to the best of Licensor's knowledge Licensee's use of this Software according to the documentation is not an infringement of any third party's intellectual property rights. This limited warranty lasts for a period of 365 days after delivery. To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of Licensor is authorized to make any other warranties or to modify this limited warranty. Any action for breach of this limited warranty must be commenced within one year of the expiration of the warranty.

7. In case of a breach of the Limited Warranty, Licensee's exclusive remedy is as follows: Licensee will destroy all copies of the Software.

8. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE'S USE OF THIS SOFTWARE. Licensee's jurisdiction may not allow such a limitation of damages, so this limitation may not apply.

9. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee's business operations.

10. Licensor has the right to terminate this License Agreement and Licensee's right to use this Software upon any material breach by Licensee.

11. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.

12. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.

13. This License Agreement is governed by the law of the Republic of Poland applicable to contracts in other countries.

14. This License Agreement is valid without Licensor's signature. It becomes effective upon the earlier of Licensee's signature or Licensee's use of the Software.



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Users Rating:  
  4.0/5     1
Downloads: 303
Updated At: 2024-03-19
Publisher: Xplorex Mobile Corporation
Operating System: windows
License Type: Free Trial