End user agreement for eGrabber CallPad
This legal document is an Agreement between you, the end user, and eGrabber (THE COMPANY). By installing this software, you are agreeing to become bound by the terms of this agreement, which includes a software license and disclaimer of warranty.
This agreement constitutes the complete agreement between you and the company. If you do not agree to the terms of this agreement, do not install the software. Promptly return the package and the other items that are part of this product to the place where you obtained them for a full refund.
1. GRANT OF LICENSE - THE COMPANY grants to you, the licensee, a royalty free non-exclusive right to use this copy of computer program (the "Software") with the terms set forth in this document.
2. OWNERSHIP OF SOFTWARE - THE COMPANY retains title and ownership of the software recorded on the original media and all subsequent copies of the software.
3. COPY RESTRICTIONS - The software and accompanying written materials are copyrighted. Unauthorized copying of any part of the software or of any accompanying written material is expressly forbidden. However, you may make one copy of the software for your personal backup purposes. You are not permitted to make any copy of the printed material accompanying the software.
4. DUTY OF BACKUP DATA - IT IS YOUR RESPONSIBILITY TO MAINTAIN PERIODIC BACKUP OF ALL DATA AND PROGRAMS USED IN CONJUNCTION WITH THE SOFTWARE IN ORDER TO PREVENT CATASTROPHIC LOSS TO YOU.
5. TRANSFER RESTRICTIONS - This software is licensed only to you, and may not be transferred to anyone without the prior written consent of THE COMPANY.
You may not rent, loan, transfer, sub-licence or host the software without prior written consent of THE COMPANY. You may transfer the software in its entirety on a permanent basis, provided you retain no copies and you transfer all of the software product including all component parts, media and printed materials, upgrades, this license agreement AND the recipient agrees to the terms of this license agreement.
6. TERMINATION - The License is effective until terminated. The License will terminate automatically without notice from THE COMPANY if you fail to comply with any provision of this license. Upon termination, you must destroy the accompanying written materials and all copies of software.
7. DISCLAIMER OF WARRANTY - THE COMPANY does not warrant that functions contained in the software will meet your requirements, or will operate in combinations which may be selected for use by you, or that the operation of the software will be uninterrupted or error free, or that any defects that may exist in the Software will be corrected. Errors may exist in the software.
8. REVERSE ENGINEERING - You may not yourself or through a third party reverse engineer, decompile or disassemble the software except, and only to the extent such activity is expressly permitted by applicable laws notwithstanding this limitation.
9. PARTIAL USE: This software may not be used in whole or in part to enhance, create or otherwise assist in the development of a similar competitive product without express written consent from THE COMPANY.
10. UPGRADE: If this software is issued as an upgrade, you must be properly licensed to use the product identified by THE COMPANY as being eligible for the upgrade. Following the upgrade, you may use the resulting upgraded software only in accordance with this license agreement and you may not sell or re-use the upgraded product or the original product.
11. RESERVATION OF RIGHTS: THE COMPANY reserves all rights not expressly granted to you in this license agreement.
12. LICENCE KEY: You may not disclose to any other person or organization your license key. You agree to store it and keep it confidential and to notify THE COMPANY immediately if you have any reason to believe.
13. LICENSE KEY REGISTRATION: There are technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that THE COMPANY may use these measures to protect against software piracy. This Software may contain enforcement technology that limits the ability to use the Software on multiple computers. This Agreement and the Software containing enforcement technology require license key registration as further set forth during installation and in the Documentation.
14 HOSTING: You may install the software on ONLY ONE PC at any given point of time and you may not permit or enable other individuals to use the software over a public access network of any kind including, but not limited to, internet, intranet, bulletin boards, phone or mobile; unless you receive specific written consent to do so from THE COMPANY.
15. DISCLAIMER: THE COMPANY is not affiliated or connected in any manner to any third party web sites, including but not restricted to, online directories, listings, job boards, yellow pages and white pages. THE COMPANY recommends you to read license agreements of these third party web sites before using the software.
DO NOT USE THE SOFTWARE IN ANY CASE WHERE SIGNIFICANT DAMAGE OR INJURY TO PERSONS, PROPERTY OR BUSINESS MAY HAPPEN IF AN ERROR OCCURS, YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULT OF THE USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE OF THE SOFTWARE. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR OR CORRECTION.
THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESSES OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
NEITHER THE COMPANY NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGE FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS PRODUCT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow limitations on how long an implied warranty lasts, or exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which may vary, from state to state.
16. LIMITATION ON SUIT - You agree that any suit or other legal action or any arbitration relating in any way to this Agreement or to the software MUST be officially filed or officially commenced no later than ONE (1) YEAR after the software is received by you.
17. GOVERNING LAW AND FORUM -The validity, construction and performance Of this agreement is governed by the laws of California.
18. COMPLETE AGREEMENT - This Agreement is the complete software license agreement between you and THE COMPANY, and supersedes all prior negotiations, agreements, and understandings concerning its subject matter. The interpretation of this Agreement may not be explained or supplemented by any course of dealing or performance, or by usage of trade.
If you have any questions concerning this Agreement, or if you desire to contact THE COMPANY for any reason, please contact in writing.
14471 Big Basin Way, Suite E
Saratoga, CA 95070
USA License Agreement