End user agreement for Headwind Mobile Promoter
Headwind SMS Suite End User License Agreement
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND
CONDITIONS BEFORE USING THIS PRODUCT. IT CONTAINS SOFTWARE,
THE USE OF WHICH IS LICENSED TO ITS CUSTOMERS FOR THEIR
USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE
TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE
SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT
YOU ACCEPT THESE TERMS.
GRANT OF LICENSE: This limited, non-exclusive, non-transferable,
non-assignable license is granted to you by Headwind Solutions Ltd. (the "Licensor")
provided that you adhere to all of the terms and conditions of this Agreement.
The foregoing is an express limited use license and not an assignment, sale,
or other transfer of the Licensed Works or any Intellectual Property Rights
ASSENT: By opening the file package containing this software, you agree that
this Agreement is a legally binding and valid contract, agree to abide by the
intellectual property laws and all of the terms and conditions of this
Agreement, and further agree to take all necessary steps to ensure that the
terms and conditions of this Agreement are not violated by any person or entity
under your control or in your service.
OWNERSHIP OF SOFTWARE: The Licensor and/or its affiliates or subsidiaries
own certain rights that may exist from time to time in this or any other
jurisdiction, whether foreign or domestic, under patent law, copyright law,
publicity rights law, moral rights law, trade secret law, trademark law, unfair
competition law or other similar protections, regardless of whether or not such
rights or protections are registered or perfected (the "Intellectual Property
Rights"), in the computer software and hardware, together with any related
documentation (including design, systems and user) and other materials for use
in connection with such computer software in this package (collectively, the
"Licensed Works"). ALL INTELLECTUAL PROPERTY RIGHTS IN AND
TO THE LICENSED WORKS ARE AND SHALL REMAIN IN LICENSOR.
LIMITED USE. You are licensed to evaluate the Licensed Works free of charge
during a period of 30 days. You may also distribute any packages containing
the original distributive of the evaluation version. You are prohibited from
charging or requesting donations for the evaluation version of the Licensed
Works except charging or requesting donations for the distribution of the
REGISTERED USERS: The registered user (the "Customer") is licensed to use
the full version of the Licensed Works for an unlimited period for any purpose
which is not contradicting the restrictions below. The number of copies of the
Licensed Works installed by the customer should not exceed the number of
purchased units. Registered users may distribute screenshots, videos and other
presentations obtained via Licensed Works but they should provide the
visibility of the software suite title ("Headwind SMS Suite") and/or the link to
the website http://www.h-sms.com.
(a) You are expressly prohibited from reverse engineering, decompiling,
translating, disassembling, deciphering, decrypting, or otherwise attempting to
discover the source code of the Licensed Works as the Licensed Works contain
proprietary material of Licensor. You may not otherwise modify, alter, adapt,
port, or merge the Licensed Works.
(b) You may not remove, alter, deface, overprint or otherwise obscure Licensor
patent, trademark, service mark or copyright notices.
(c) You agree that the Licensed Works will not be shipped, transferred or
exported into any other country, or used in any manner prohibited by any
government agency or any export laws, restrictions or regulations.
(d) In no event shall the Licensed Works be used to send SMS messages to owners
of mobile phone numbers who did not explicitly assent (opt-in) the receipt of
messages. Sending of unsolicited SMS messages (SMS spam) and using any
third-party databases for bulk sending of SMS messages is prohibited.
TERM: This Agreement is effective until terminated. You may terminate this
Agreement at any time by uninstalling the Licensed Works and destroying all
copies of the Licensed Works. Upon any termination, you agree to uninstall the
Licensed Works and return or destroy all copies of the Licensed Works, any
accompanying documentation, and all other associated materials.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN LICENSOR
AND YOU, THE LICENSED WORKS ARE NOW PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE
WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO
WARRANTY THAT (i) THE LICENSED WORKS WILL MEET YOUR REQUIREMENTS, (ii) THE USE
OF THE LICENSED WORKS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LICENSED WORKS WILL
BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE LICENSED WORKS WILL MEET YOUR
EXPECTATIONS, (v) ANY ERRORS IN THE LICENSED WORKS WILL BE CORRECTED, AND/OR
(vi) YOU MAY USE, PRACTICE, EXECUTE, OR ACCESS THE LICENSED WORKS WITHOUT
VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR
ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER OR NOT LICENSOR HAD BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR
IN CONNECTION WITH THE USE OF THE LICENSED WORKS. SOME JURISDICTIONS PROHIBIT
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE LICENSOR DISCLAIMS ANY LIABILITY FOR THE MALICIOUS USE OF THE LICENSED
WORKS INCLUDING BUT NOT LIMITED TO SENDING OF UNSOLICITED MESSAGES (SPAMMING)
AND USING OF ANY THIRD-PARTY DATABASES FOR BULK SMS SENDING.
SEVERABILITY: In the event any provision of this License Agreement is found to
be invalid, illegal or unenforceable, the validity, legality and enforceability
of any of the remaining provisions shall not in any way be affected or impaired
and a valid, legal and enforceable provision of similar intent and economic
impact shall be substituted therefor.
ENTIRE AGREEMENT: This License Agreement sets forth the entire understanding and
agreement between you and Vsevolod Mayorov, supersedes all prior agreements,
whether written or oral, with respect to the Software, and may be amended only
in a writing signed by both parties.