End user agreement for @SMS personal Outlook Light
Product(s): @SMS Personal pro or @SMS Personal light
(and all product with the 'demo' extension)
Acquiring the indicated above terms means accepting following terms:
1. Object of the agreement
1.1 The present agreement regulates the use for the person that uses the product (later called USER )on the medium (disk, CD, etc..) and the purchased computer programs (later called: SOFTWARE) as well the product manual and/or the operating instructions and all material delivered with the product. All con-tract regulations apply also to downloaded versions (software distribution without physical data medium starting from Internet).
1.2 With the loading of the SOFTWARE in the in any device or memory of the computer of the USER or opening of the packing the USER accepts this agreement with all his regulation. Otherwise the USER has the right to return the unopened packing completely with the purchase voucher against the refund of the price, less a fee of 25 EURO or 30U$. The returning has to take place immediately after the pur-chase..
1.3 The PRODUCER makes attentive to the fact that it is not possible after the state of the art to provide computer programs in such a way that it works error free in all applications and combinations. The subject of the contract is therefore only computer programs, which essentially works in accordance with the ac-companying product manual or in accordance with the operating instructions.
2. License extension
2.1 The PRODUCER grants you the right (in the following called LICENSE) to use the enclosed copy of the software on an individual computer, i.e. with only an individual Main board. The software is used on the computer if it's installed into the temporary memory (i.e. RAM) or on the permanent memory (e.g. non removable disk, CD-ROM or another memory device) of the computer.
2.2 If a time shared (in the following called NETWORK) is used, then a special network license has to be acquired.
3.1 It is forbidden to the USER without previous written grant of the PRODUCER, to reverse engineer, decompose, scan or use the SOFTWARE for the production of other different products.
3.2 The software may lend neither letting nor or otherwise commercially distributed. However the rights from the existing license can be transferred to another person, provided that the person itself accepts this agreement with all his conditions and that all copies and the written material are also transfer to this per-son.
3.3 Any information and data (e.g. on CD-ROM) may be exported only for private use into other data systems. A resale of the information and/or data is not allowed, as well the use of the software for internet download.
4. License right ownership
4.1 The USER receives with the acquisition of the software the sole property at the physical data medium on which the SOFTWARE is noted. Any acquisition of other rights of the software is not included. The USER has only a limited right to use the SOFTWARE, in accordance with the regulations of this license agreement. The SOFTWARE remains therefore property of the PRODUCER. The same applies to the product manual and/or the operating instructions as well as possible further material.
5.1 The software and the pertinent written material protected by copyright matters. As far as the software is not provided with a copy protection, it's only allowed:
1. The production of one (1) security copy of the product with a clear written statement on it that the copyright belongs the PRODUCER.
2. The reproduction and loading in one (1) permanent location of the mass memory of the USER 's computer. NOT allowed is the use within a terminal services system (CITRIX or similar)
5.2 It is expressly forbidden, copying or multiplying totally or partly in original or modified form the soft-ware as well all the documentations or mix part of the software with other software together.
5.3 The USER is responsible for all damage to the PRODUCER coming from copyright infringements, which result from an injury of the clauses of this agreement.
5.5 IT'S STRICTLY FORBIDDEN to use the function that allows to set a different sender identification for the purpose to induce the recipients to call premium rate numbers. In this case the service can be interrupted without notice and/or warning.
6. limited warranty
6.1 The PRODUCER ensures you during the guarantee time of 90 days starting from acquisition of the software the functionality of the software in accordance with the content of the enclosed manual and/or the operating instructions while being used as described there and while having performed the necessary maintenance.
6.2 If the software should be totally not functional, the USER can require indemnification within the guarantee time of 90 days starting from supply date. The original disks as well all backup copies and the written material as well as a copy the receipt should be returned to the PRODUCER or the vendor. If the lack is caused by an recognized program error of the PRODUCER, the PRODUCER will correct so fast as possible the program. There is no right to immediate repair.
6.3 IN NO EVENT SHALL THE PRODUCER BE LIABLE FOR ANY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE PRODUCER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.4 No warranty is given if the leak of functionality of the SOFTWARE and the connected damages is caused by a wrong or inadequate use of the SOFTWARE.
6.6 The PRODUCER is not responsible for the correctness and completeness of the data in its soft-ware, if these data come from third. Even if the PRODUCER has took over this integral
6.7 The final USER takes to the knowledge that the use of the software is only possible with a perfectly functioning SMS broadcasting service (SMS gateway), which is as third offers acted AND NOT PART OF THIS CONTRACT.
The PRODUCER grants the access information's to the SMS gateway for the version of the software bought at the time where the software publication was effective. The PRODUCER has only the duty to guarantee free of charge a change in the product software in order to guarantee an alternative access if the original service cannot be used in his main functions. There is no guarantee that one bought SMS credit corresponds to one effectively sent SMS: the final price of the sent SMS message depends of the mobile network of the target recipient of the message
The terms of the activation of eventual a new alternative service are generally those of the processes of distribution of one new version (update) of the product made exception when the error happens less than 30 days from an already announced update.
The USER accepts that in the case of a change to another SMS Gateway they may be changes in the functionality of the product and in the single SMS prices. There is no refund from the vendor or PRODUCER for already bought SMS contingents. Granted is the simple sending of SMS. Other functions as the delivery status report, flash functions, sender identification as well the performance and quality of the SMS gateway itself cannot be granted. The USER stipulates a separate agreement with the SMS Gateway provider. The initial contingent of SMS in a SEPARATE component that is bundled with the SOFTWARE. The PRODUCER and the vendor of the product are acting as simple brokers ONLY for this initial contingent of SMS credits. The USER stipulates then a sales contractual relationship with the SMS Gateway holder for any further purchase of SMS credits.
7. Applicable law
This Agreement is subject to Swiss law.
The exclusive place of jurisdiction for all disputes arising out of or in connection with this Agreement shall be the domicile of ALPHAOBJECTS
The PRODUCER: ALPHAOBJECTS, CH-8856 Tuggen, Switzerland
The Vendor: see separate message and/or text
Microsoft Outlook, Microsoft Exchange Microsoft Windows are registered trademarks of Microsoft corporation
Tems of service of the third party SMS Gateway "VADIAN.NET"
The SMS Gateway valid for this product version is managed by:
COPY of the terms of service of the ASPSMS Gateway
(can be see also at: http://www.aspsms.com/instruction/termsofservice.asp)
Terms of Service
Special trading conditions for the use of the SMS service (aspsms.com) of VADIAN.NET AG. Status: November 2000
These trading conditions rule the contractual relation between VADIAN.NET AG, Katharinengasse 10, CH-9000 St.Gallen, (mentioned VADIAN.NET in the following) and the customer for the usage of the SMS service aspsms.com. VADIAN.NET provides these services exclusively on the basis of these terms of service.
2. Contractual relationship
(1) The contractual relationship between the customer and VADIAN.NET for the use of the SMS service is the result of the customers application and the acceptance by VADIAN.NET to the actual tarifs. As far as nothing different was agreed, application is accepted tacitly by the contribution of the service.
(2) The contractual relationship can be terminated by both contracting parties at any time in written form (by E-Mail, fax or letter). The remaining SMS volume can be returned chargeablely.
(3) The right for extraordinary termination of the contractual relationship remains unaffected.
3. Services of VADIAN.NET
(1) The range of the contractual performances results out of the service specification of VADIAN.NET.
(2) Transmitted contents are not subject to examination through VADIAN.NET.
(3) VADIAN.NET reserves itself the right to extend the services and to make improvements after the current technical state of the art and under keeping of the entitled interests of the customer.
4. Obligations of the customer
(1) The customer agrees to not use the SMS service to transmit contents which fulfill in particular the following condi-tions:
a) suitability to be interpreted as diffaming, deceptive, misleading, insulting, displeasing, pornographic, racistic, glorifying violence, etc.;
b) menace or disconcertion of third.
(2) The customer is obligated to use the VADIAN.NET services properly and only in the context of the legality. It is in particular obligated,
a) not to abusively use access to VADIAN.NET services and to omit illegal actions;
b) to accommodate recognized principles of data security, especially to keep passwords secret etc., resp. to immediately arrange modifications, if the assumption exists that unauthorized thirds attained knowledge of this kind of access infor-mation;
c) to immediatley report a recognizable lack or damage (failure report) and in the context of the reasonable make meas-ures that one all measures meet, which facilitate and accelerate removal of the disturbance and enable an statement of the lack or damage and their causes to VADIAN.NET;
d) to immediatley report each modification in the person of the customer, the name or the designation, under whom it led in the operating documents of VADIAN.NET.
e) ASPSMS offers the possibility of defining any Originator. If this feature is made available publicly, the customer is obligated to guarantee by appropriate authentification measures (E-Mail is not sufficient) that this feature is not abused. If a customer misses this, account can be closed or the Originator is adjusted to a fixed value by VADIAN.NET.
f) VADIAN.NET reserves itself the right to check selfdefined originators at random base to detect misuse (eg. Advertising for premiumrate numbers).
5. Suspension of the SMS service
(1) VADIAN.NET reserves itself the right to lock the service if the customer uses the service abusively, in particular in the sense of 4. and/or offends against valid right.
(2) For the own security of the customer VADIAN.NET will lock the service, if the assumption is justified that the service is abusively used.
6. Responsibility of VADIAN.NET
(1) The responsibility for rough negligence is limited to the damage usually predictable in such cases. Responsibility and compensations are limited to the height of the order value.
(2) In case of failures of services because of disturbances outside of the area of VADIAN.NET's responsibility, VADIAN.NET does not reimburse any values.
(3) VADIAN.NET does not assume liability for the compatibility of the aspsms application with data, programs, configura-tions etc. of the customer. In particular VADIAN.NET does not incur any expenses, remuneration, expenditures or uses for the integration or missed integration of aspsms.
This covers in particular - however not exclusive - also the expenditure of time of the customer and/or its assigned ones.
7. Responsibility of the customer
(1) The customer is responsible for all consequences and disadvantages for VADIAN.NET and third parties, which are the result of the abusive or illegal use of the SMS service (in particular with offence against 4.) or the result of that the customer does not follow his other responsibilities and has to represent this.
(2) The customer keeps VADIAN.NET free from any third party claims, which are demanded because of the culpable violation of the rights of third parties by the customer or because of the customers behavior contrary to the terms of the agreement or by the customer breaking the law.
8. Terms of payment
(1) The payment of the SMS service takes place in advance, as far as not agreed differently.
(2) Price adjustments: If VADIAN.NET has additional costs because of price adjustments of external partners, VADIAN.NET has the right to adjust its price structure. In such cases, VADIAN.NET does a refund of the remaining credit balance on request. If VADIAN.NET receives knowledge about such a price adjustments afterwards, possible extra costs can be charged also retroactively to the customer.
(1) Personal data, that is raised in the context of the use of the SMS service, is raised and protected according to the relevant regulations of the federal privacy law. Employes of VADIAN.NET, who handle personal data, are obligated on privacy.
(2) As far as VADIAN.NET uses the help of third parties to provide its services, VADIAN.NET is, in the context of the relevant privacy regulations, fully justified to transmit the inventory data if this is necessary for the assurance of the operation and the interests worth to protect of the customer are not impaired.
10. Rights of use
(1) All copyrights and rights of use, which are located in the property of VADIAN.NET, remain reserved to VADIAN.NET.
(2) Copying and modifying, circulation and publication or other use of all service contents by the customer or by third parties, if it has to be represented by the customer, is forbidden, if it was not explicitly approved by VADIAN.NET in written form.
(3) The customer commits itself further to spread only such contents for which the customer has the appropriate rights of use.
11. Final provisions
If one or more regulations of these terms of service should be ineffective, then this does not involves the inefficacy of the entire contract. The ineffective regulation is replaced by the relevant legal regulation.
Area of jurisdiction and place of delivery are St.Gallen / Switzerland.