End user agreement for FastSMS III
Copyright © 2003-2004 SimpleForce Development, Inc.
All rights reserved.
FastSMS III is a program that allows sending text messages (SMS) using mail protocol to cell phones subscribers in case those wireless providers support this service.
SimpleForce Development, the SimpleForce Development logo, the FastSMS III program, Documentation, the FastSMS logo are trademarks of SimpleForce Development, Inc.
Other names and logotypes are mentioned or displayed are the property of their respective owners.
END-USER LICENSE AGREEMENT
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity), and The SimpleForce Development, Inc. for the FastSMS III v3.3 hereinafter called SOFTWARE By installing or using the SOFTWARE, you agree to the following terms and conditions of this EULA. If you do not agree to the following terms and conditions of this EULA, do not install or use the SOFTWARE.
The SOFTWARE is NOT free and it is not open source software. A license grants you the right to run one instance (a single installation) of the SOFTWARE on one PC for each license purchased. Program may not be distributed to entities beyond the license holder. The SOFTWARE is licensed, not sold.
License fees are non-refundable. We encourage you to try the SOFTWARE before purchasing the Full version.
This agreement grants you a license to:
FREE DEMO COPY
You may use DEMO SOFTWARE within 15 days free of charge on evaluation basis.
To use it after 15-day evaluation period you must pay registration fee for the license.
DISTRIBUTION OF DEMO COPY
If you are using DEMO SOFTWARE, you can make precise copies of the original DEMO SOFTWARE, and distribute the DEMO SOFTWARE in its original form via Internet, CD-ROMs, Shareware distribution catalogs, etc. You may not charge any fee for the copy or use of the DEMO SOFTWARE, but you may charge a distribution fee that reasonably related to any cost you incur from distributing the DEMO SOFTWARE (e.g. delivery, packaging, shipping, etc.). You must not personate in any way that you are selling the SOFTWARE.
To get a Registered copy of Full version of the SOFTWARE you must purchase a License for each separate computer that it will be installed or used on. You can use SOFTWARE as long as you need, with no time limitations. You may not duplicate the SOFTWARE in whole or in part, except that you can make one copy of the SOFTWARE for backup or archival purposes. There are four type of License:
"Personal License" means that you may use the SOFTWARE for personal use on single home workstation only.
"Business License" means that you may use the SOFTWARE in your business on single workstation only located at one office (one physical location).
"Site License" means that you may use the SOFTWARE without limitations at one office (one physical location).
"Enterprise License" means that you may use the SOFTWARE without limitations at all company's branches (worldwide).
You may not distribute copies of the REGISTERED SOFTWARE to others or electronically transfer the SOFTWARE from one computer to another over the network.
You may not post or otherwise make available the SOFTWARE or any portion thereof in any form, on the Internet. You may not use the SOFTWARE in a computer service business including in time-sharing applications.
You may not, for itself, any affiliate of Customer or any third party: SELL, LICENSE, ASSIGN, or TRANSFER the SOFTWARE or any Documentation.
You may not DECOMPILE, MODIFY, REVERSE ENGINEER, DISASSEMBLE, TRANSLATE, RENT, LEASE, LOAN, DISTRIBUTE, RESELL FOR PROFIT, NETWORK OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
Unlicensed distribution of the SOFTWARE, whether for profit or not, will be considered in violation of international copyright laws. Violators will be prosecuted by federal law enforcement in country of residence.
You may terminate the License at any time by destroying the SOFTWARE (including the related documents) together with all copies or modifications in any form. SimpleForce Development, Inc will have the right to terminate our License immediately, if you fail to comply with any term or condition of this Agreement. Upon any termination including termination by you, you must destroy the SOFTWARE (including the related documents) together with all copies or modifications in any form.
Limitation of Liability
This SOFTWARE and the associated documentations and files are sold AS IS.
SimpleForce Development DOES NOT and CANNOT WARRANT the performance of result you may obtain by using the SOFTWARE or Documentation.
At detection by you of a mistake in serviceability of the SOFTWARE, SimpleForce Development guarantees free-of-charge updating of the SOFTWARE or its parts if the mistake is caused directly by discrepancy in a code of the SOFTWARE. You must provide complete description of mistake and other conditions in which it has arisen, and you should notify SimpleForce Development during 30 days from the date of purchasing the SOFTWARE.
SimpleForce Development guarantees absence of viruses if you have got the SOFTWARE on the optical not re-recorded carrier directly from SimpleForce Development if such opportunity takes place. If the SOFTWARE has been received through a network, the Internet or other way, the SimpleForce
Development does not bear any responsibility for presence of a virus infection in the SOFTWARE and for the caused losses and damages.
SimpleForce Development is not responsible for quantity, content of text messages (SMS) you sending, by using the SOFTWARE and for performance on delivery SMS. You need to realize that handling time of SMS delivery depends on performance of your wireless and Mail services.
In no event will SimpleForce Development or its licensor be liable to you for any incidental, consequential or indirect damages, including any lost profits, loss of saving or loss of use, or any other financial loss, negligence or other tortuous action, even if SimpleForce Development or a Licensor has been advised of the possibilities of such damages or for any claim by any other party.
We guarantee you that information you provide for registration will be kept strictly confidential. SimpleForce Development reserves the right to update this Agreement at any time does not make any commitment that any changes in the products, services, materials and the programs will occur.
Violation of this License Agreement is infringement of the international laws on protection of intellectual property, and is it pursued under the Law.
All rights that are not mentioned in present Agreement belong to SimpleForce Development, Inc.