End user agreement for SIM Card Seizure
SOFTWARE LICENSING AGREEMENT
IMPORTANT – READ CAREFULLY: This licensing agreement (“Agreement”) is a legal agreement
between You, either an individual or a single entity, and the Licensor. By opening, using or installing
this Software, You agree to each and every term contained herein. If you do not agree to each and every
term, you are not to open, use or install the Software and must either return the Software, documentation
and packaging to the place of purchase or, in the case of downloaded Software, delete the Software from
Your computer and/or any other data storage device.
Licensor hereby grants to You, and You accept, a non-exclusive license to use the software, including the
software contained therein in object-code-only form ("Software"), and Documentation, only as authorized
in this License. The Software may be used only on a single computer owned, leased, or otherwise
controlled by You; or, in the event of the inoperability of that system, on a backup system selected by
You. Concurrent use of the program on two or more systems in not authorized without the advance
written consent of Licensor and the payment of additional license fees. You agree that You will not
assign, sub license, transfer, pledge, lease, rent, or share Your rights under this License.
You may use the Software for non-commercial purposes only, wherein commercial purposes include but
are not limited to use of the Software for the benefit of another whether or not compensation is received
for such use. For corporate, institutional, governmental, or business users, you may use the Software for
non-commercial purpose only within a single corporation, institution, government agency, business, or
other single entity for the benefit of that single corporation, institution, government agency, business or
You are not to use the Software, whether directly or indirectly, for any illegal purpose under the laws or
ordinances of Federal, State, or local governments. It is Your sole responsibility to know and understand
the laws and/or ordinances that govern the use of the Software. In the event that You violate any
Federal, State or local law or ordinance by direct or indirect use of the Software, You shall take full legal
responsibility for such illegal use. Any use ordered by a Court of competent jurisdiction shall be allowed.
You shall take full legal responsibility for any use that is outside of the specific provisions of the Court
Order. You shall hold Licensor harmless and without fault and otherwise indemnify Licensor for any
damage, cost or liability incurred by Licensor as a result of any use, whether or not such use is within the
scope of the license set forth herein.
You acknowledge and agree that the Software and Documentation consists of proprietary, published and
unpublished property of Licensor, protected under United States copyright law and trade secret laws of
general applicability. You further acknowledge and agree that all right, title, and interest in and to the
Software and Documentation are and shall remain with Licensor. This License does not convey to you an
interest in or to the Software and Documentation, but only a limited right of use revocable in accordance
with the terms of this License. With the exception of the laws specifically prescribed by the Digital
Millennium Act, you are not to reverse engineer the software for any purpose.
The license fees paid by You are paid in consideration of the licenses granted under this License.
It shall be Your sole responsibility to install and make operational the Software on Your system. In the
event you need installation assistance, such services may be available from Licensor at an additional cost
This License is effective upon Your installing the software on any machine, and shall continue until
You may terminate all copies of the software that may be located on any systems owned or controlled by
You or upon which You know a copy of the Software has been placed. Licensor may terminate this
License upon the breach by You of any term hereof. Upon such termination by Licensor, You agree to
erase all copies of the Software that may be located on any systems owned or controlled by You or upon
which You know a copy of the Software has been placed.
Licensor warrants, for Your benefit alone, that the Software shall, for a period of ninety (90) days from the
date of Your purchase of the Software (referred to as the "Warranty Period"), be free from defects in
material and workmanship. Licensor further warrants, for Your benefit alone, that during the Warranty
Period the Software shall operate substantially in accordance with the Documentation. If, during the
Warranty Period, a defect in the Software diskettes or Software appears, You may return the Software
diskettes to Licensor personally or by mail to Paraben, P.O. Box 970483, Orem Utah 84097-0483 with
written instructions for replacement.
YOU AGREE THAT THE FOREGOING CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY FOR
BREACH BY LICENSOR OF ANY WARRANTIES MADE UNDER THIS LICENSE. EXCEPT FOR THE
WARRANTIES SET FORTH ABOVE, THE DISKETTES, SOFTWARE AND DOCUMENTATION ARE
LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
LICENSER'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR
DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR
RELATING TO THIS LICENSE OR THE USE OF THE SOFTWARE SHALL BE LIMITED TO
REPLACEMENT OF THE SOFTWARE AND, IN ANY EVENT, SHALL NOT EXCEED THE LICENSE
FEE PAID TO LICENSOR FOR THE USE OF THE SOFTWARE. IN NO EVENT SHALL LICENSOR BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY
DAMAGES OR LOST PROFITS OR ANY SIMILAR CLAIMS, EVEN IF LICENSOR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This License shall be construed and governed in accordance with the laws of the State of Utah. Any
dispute arising out of or with respect to this License between You and Licensor shall be solely adjudicated
by the competent Federal or State court situated in Salt Lake City, Utah. You and Licensor consent to the
venue and jurisdiction of such court for purposes of any such dispute.
Should any term of this License be declared void or unenforceable by any court of competent jurisdiction,
such declaration shall have no effect on the remaining terms hereof.
Where you are an agency or instrumentality of a state foreign to the United States of America, You
hereby waive, with respect to actions relating to the subject matter of this License any immunity from the
personal and subject matter jurisdiction of courts of the United States of America or of the several states
thereof, and any immunity from attachment in aid of execution or from execution upon its property.
The failure of Licensor to enforce any rights hereunder or to take action against You in the event of any
breach hereunder shall not be deemed a waiver by Licensor as to subsequent enforcement of rights or
subsequent actions in the event of future breach.