End user agreement for MessagePal
GRENOX SOFTWARE, INC
MESSAGEPAL END-USER LICENSE AGREEMENT
THIS SOFTWARE IS SHAREWARE. Since this software is shareware, it is not freeware and is not in the public domain. The software you are installing is a "trial version". As such, you may evaluate the program for a maximum period of 30 days. If, after that time, you decide to continue using it, you must register it by paying a minimal registration fee at our web site (http://www.messagepal.com). If, after 30 days, you choose not to register it, you must uninstall it from any machines to which it was installed on a trial basis. This "trial version" can be turned into a fully registered copy by either registering the software on our website, or by providing a previous registration code (that was licensed to you exclusively) while you are inside the software.
The license fees are non-refundable. We may, but are not obliged to, provide you with periodic updates at no charge. However, some updates or upgrades may require the payment of an additional fee and/or execution of a further license agreement by you prior to delivery.
DEFINITION OF "REGISTERED". Once registered, you will be granted a license that permits you to install this software on a defined number of computers ("Seats"), based on the license pack purchased. A Seat license must be obtained for each computer that will simultaneously use MessagePal on a specific computer network.
NO WARRANTIES. Grenox Software, Inc. expressly disclaims any warranty for the software product. The software product and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, or fitness for a particular purpose. The entire risk arising out of use or performance of the software product remains with you.
NO LIABILITY FOR DAMAGES. In no event shall Grenox Software, Inc. nor anyone else who has been involved in the creation, production, sale, promotion or delivery of this software product shall be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Grenox Software, Inc. product, even if Grenox Software, Inc. has been advised of the possibility of such damages. Any liability of Grenox Software, Inc. will be limited to product replacement or a refund of the registration costs. You expressly agree that that you shall not use this product for any use it wasn't intended, including, but not limited to, applications requiring mission-critical, life-saving, healthcare, financially-sensitive, confidential or other important information to be transmitted.
COPYRIGHT. All title and copyrights in and to the software product (including but not limited to any images, photographs, animations, video, audio, music, and text), the accompanying printed materials, and any copies of the software product are owned by Grenox Software, Inc. The software product is protected by copyright laws and international treaty provisions. Unauthorized reproduction or distribution of this package, or any portion of it, is punishable by law.
You may not use, copy, rent, lease, sell, modify, de-compile, disassemble, otherwise reverse engineer, or transfer the licensed program except as provided in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license. All rights not expressly granted here are reserved to Grenox Software, Inc. Notwithstanding the foregoing, if you have purchased multiple licenses (as set out in your completed registration agreement), you are authorized to distribute licensed copies of the Software and Documentation to individual end-users within your organization who have executed a copy of this License Agreement, up to a maximum of that number of licenses purchased by you.
You may not make any modifications, enhancements or improvements to the Software without our prior express written approval. Any such approved modifications, enhancements and improvements to the Software shall belong to us. You may not adapt the Software or merge it into another computer program. You may not reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software. You may not place the Software onto a computer, server or similar device accessible via a public network such as the Internet, or so that it is accessible my multiple users unless you have purchased multiple user licenses as contemplated herein and then only to the extent of such multiple user licenses.
GOVERNING LAWS. This agreement shall be governed by the laws of the Commonwealth of Pennsylvania and shall endure to the benefit of Grenox Software, Inc. and any successors, administrators, heirs and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a STATE or FEDERAL COURT of competent jurisdiction located in Pennsylvania. The parties hereby consent to in jurisdiction of said courts.
DISTRIBUTION LICENSE. This software is ONLY available for download and purchase at the MessagePal website. If you wish to provide a link to downloadable file on our website, this is acceptable. However, distribution of the binary downloadable installation file can only be accomplished under license from Grenox Software, Inc. If you wish to distribute this software on a trial software CD, download archive site or some other type of communication vehicle, you must obtain permission from Grenox Software, Inc. before doing so. Failure to obtain permission is a violation of our copyright and license agreement.
OTHER. This written License Agreement is the sole agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the subject matter hereof. This License Agreement may be not be modified except by a writing signed by you and us. 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 reasonable attorney fees and expenses from the other party. 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. This License Agreement shall be binding upon, and endure to the benefit of, the parties and their respective heirs, successors, administrators, executors and permitted assigns. If any provisions of this License Agreement, or any part thereof, shall be deemed to be unenforceable or invalid, it shall be severed and the remainder of this License Agreement shall remain in full force and effect. Any headings contained in this License Agreement are for convenience only and shall not affect the construction of the terms hereof.