End user agreement for Do Not Call List Solution Safe Caller
These Terms and Conditions apply to "SafeCaller Version 1.3"
Copyright (C) 2004 SafeCaller.
All rights reserved.
Read this License Agreement carefully before using this Software. BY USING THIS SOFTWARE IN ANY WAY YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SOFTWARE IN ANY WAY, AND PROMPTLY DELETE ANY COPIES OF THIS SOFTWARE IN YOUR POSSESSION.
1- Title, ownership rights, and intellectual property rights in the Product shall remain the sole property of SafeCaller. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with SafeCaller's or its supplier’s ownership of or rights with respect to the Product. The Product is protected by copyright and other intellectual property laws and by international treaties.
2- This Software product is licensed, not sold. It is, and shall remain at all times, the absolute and unrestricted property of SafeCaller. Nothing in this Agreement shall prejudice, impair, jeopardize or otherwise adversely affect the rights of SafeCaller as sole and exclusive owner of the Software.
1- The Software is initially provided to you for evaluation purposes. It may be used free of charge on one machine only as long as the user registered first via online at www.safecaller.com and legally obtained an user name and password.
2- The unlimited phone number check of the unregistered Software has been disabled and will only become enabled after a purchase of a subscription has occurred.
REGISTERING AND USE
1- Registering the Software means that, subject to your payment of the applicable fee, SafeCaller will grant you a single end user license to use, run, access, display, or otherwise interact with ("Use") the Software on only one single computer, workstation, server, terminal, handheld PC, or other electronic device ("Computer") at any one time. The Software is considered to be "in Use" when it is loaded into RAM or installed on a hard disk or other storage device. You are not authorized to dissociate, alter or amend the Software or and associated configuration files in any way; and to use the part thereof on several Computers
2- If you wish to Use the Software on more than one Computer, you must obtain a number of end user licenses equal to the number of Computers on which the Software will be Used and pay the registration fees accordingly.
3- Since you have the opportunity to try the Software before purchasing a license, you will not be entitled to any refund or exchange for any reason.
1- This Software cannot be re-sold or used in any profit-making activities, including but not limited to, distribution as part of a commercial product or service, without the prior written consent of SafeCaller.
2- Copies of the Software that are intended for distribution purposes must be obtained from SafeCaller or downloaded from its web site: www.safecaller.com, and distributed as-is including all copyright and other proprietary notices pertaining to, and included in the Software.
3- Nothing in this Agreement shall confer upon you the right to grant user licenses. Such right is, and shall remain at all times, exclusively vested in SafeCaller.
1- The Software can only be used for the purposes described in the documentation pertaining to the Software as published and amended exclusively by SafeCaller from time to time.
2- Reverse engineering, decompiling, disassembling or otherwise attempting to discover the source code of the Software, disclosing, divulging or making registration keys or passwords publicly available are illegal and shall constitute a violation of this Agreement.
3- No portion of the Software, including but not limited to, programs, algorithms, codes, texts, images, or sounds may be modified, adapted, translated, copied, stored, distributed, used or accessed in any way except as detailed in this Agreement.
LIMITATION OF LIABILITY
1- To the maximum extent permitted by applicable law, in no event will the Licensor be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the product, including, without limitation, damages for loss of profits, work stoppage, loss of goodwill, computer malfunction or failure, or any and all other commercial damages or losses.
2- SafeCaller does not take responsibility for any calls made that were not in compliance with the DNC regulations. Safe caller only helps in identifying the numbers existing on the “do not call” list obtained from telemarketing.donotcall.gov website.
1- Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy all copies of the Product. SafeCaller shall have the right to claim and recover from you all losses and damages, whatsoever and howsoever arising, whether directly or indirectly, out of or in connection with any such breach, default, violation and non-compliance, and you shall also be liable to indemnify SafeCaller for and against all costs and expenses incurred by SafeCaller including, but not limited to, court and legal fees.
2- Upon the termination of this Agreement, you shall not be entitled to claim or recover from SafeCaller any amount paid to SafeCaller prior to such termination.
3- The termination of this Agreement shall not affect your obligations arisen under it; which obligations shall survive such termination.
1- Failure of SafeCaller to enforce its rights with respect to any violation of this Agreement shall not constitute, or be interpreted as, a waiver from SafeCaller to exercise such right at any later stage, as it shall deem appropriate.
2- Should any provision of this Agreement be in conflict with any law governing this Agreement, it will be deemed stricken from the Agreement and the remaining provisions will remain in effect.
3- This Agreement shall be binding upon the parties hereto and their respective successors and permitted assigns.
SafeCaller Software grants you a non-exclusive license to test this software in Shareware version, and any associated documentation ("The Shareware"), as indicated herein.
You MAY: (a) install and use the Shareware for evaluation purpose only during 1 day or check up to 30 numbers after the installation; (b) check phone numbers using the Shareware and save them for evaluation purpose only; (c) Redistribute the Shareware by any mean (CDROM, Cover Disc, Web site...) as long as you do not change the original package and distribute only the original install package.
You MAY NOT: (a) use the Shareware after the evaluation period of 1 day or 30 numbers checked; (b) use the phone numbers checked with the Shareware (except for test purpose); (c) sell this Shareware package (except for shipment and handling charges); (d) cause or permit reverse engineering, disassembly, decompilation or alteration of this Software; (e) remove any product identification, copyright notices, or other notices or proprietary restrictions from this Software; (f) copy the documentation accompanying the software.
You are hereby licensed to make as many copies of the Shareware as you wish and distribute it to anyone provided that all files are intact. You must distribute the install form of the Shareware (you must distribute the INSTALL file, not the files resulting of an installation). You are not allowed to sell the Shareware (except for shipment and handling charges). Press is authorized to distribute it on any Cover Disk, CD-ROM without permission from SafeCaller. Shareware Catalog Web sites are authorized to distribute it as a download file (hosted or linked to SafeCaller site) without permission from SafeCaller.
This License is effective until terminated. You may terminate it at any time by destroying the Shareware, together with all copies thereof. This License will also terminate if you fail to comply with any term or condition of this Agreement. Upon such termination, you agree to destroy the Shareware, together with all copies thereof.
This Shareware and its source code are proprietary products of SafeCaller and are protected by copyright and other intellectual property laws.
DISCLAIMER OF WARRANTIES
The Shareware is supplied "AS IS". SafeCaller disclaims all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The user must assume the entire risk of using the Shareware.