End user agreement for BLANCHESOFT SMSJoy
Freeware License Agreement
ATTENTION: READ CAREFULLY: By using, copying, or distributing the accompanying software you indicate your acceptance of the following Blanchesoft Limited Freeware License Agreement ("Agreement").
1. LICENSE. Blanchesfot Limited hereby grants you (each licensee is addressed as "you") a non-exclusive, transferable license to use ÂBlanchesoft-SMSJoyÂ its software product and accompanying documentation (the program's object code, documentation and release code are collectively referred to as the "Software") on the following terms and only for non-commercial purposes (see Section 2 below). You may:
a. use the Software on any computer in your possession;
b. make copies of the Software; and
c. distribute the Software (subject to the requirements of Section 3 below) only in the form originally furnished by Blanchesoft Limited with no modifications or additions whatsoever. If you have the slightest doubt that your copy of the Software is not original, you must contact Blanchesoft Limited for an original copy.
2. LIMITATIONS ON LICENSE. The license granted in Section 1 is subject to the following restrictions:
a. The Software is to be used only for non-commercial purposes unless you obtain Blanchesoft Limited's prior written consent. Prohibited commercial purposes include, but are not limited to:
(i) Selling, licensing or renting the Software to third parties for a fee (by payment of money or otherwise, whether direct or indirect);
(ii) Using the Software to provide services or products to others for which you are compensated in any manner (by payment of money or otherwise, whether direct or indirect), including, without limitation, providing support or maintenance for the Software;
(iii) Using the Software to develop a similar application on any platform for commercial distribution; or
b. You shall use your best efforts to promptly notify Blanchesoft Limited upon learning of any violation of the above commercial restrictions.
c. On each copy of the Software you must conspicuously and appropriately reproduce Blanchesoft Limited's copyright notices (see Software for examples of such notices) and disclaimer of warranty; keep intact this Agreement and all notices that refer to this Agreement or any absence of warranty (whether written or interactively displayed); and give any other recipients of the Software a copy of this Agreement.
d. You may not modify, combine other commercial applications with, or otherwise prepare derivative works of the Software.
f. Blanchesoft Limited, in its sole and absolute discretion, may have included a portion of the source code or online documentation of the Software. Except for any such portions, you shall not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE ANY PORTION OF THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM, except to the extent this restriction is prohibited by applicable law.
3. DISTRIBUTION: As used in this Agreement, the term "distribute" (and its variants) includes making the Software available (either intentionally or unintentionally) to third parties for copying or use, including providing timeshare access. Each time you distribute the Software, the recipient must expressly agree to comply with these terms and conditions. The recipient automatically receives this license to use, copy, or distribute the Software subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance with this Agreement by recipients.
4. TITLE. Title, ownership rights, and intellectual property rights in and to the Software, and each copy thereof (including all copyrights therein), shall remain in Blanchesoft Limited.
5. NO Blanchesfot Limited OBLIGATION. You are solely responsible for all of your costs and expenses incurred in connection with the distribution of the Software, and Blanchesoft Limited shall have no liability, obligation or responsibility therefor. Blanchesoft Limited shall have no obligation to provide maintenance, support, upgrades or new releases to you or to any distributee of the Software.
6. NO WARRANTY. THE SOFTWARE IS LICENSED FREE OF CHARGE, AND THERE IS NO WARRANTY FOR THE SOFTWARE. Blanchesoft Limited PROVIDES THE SOFTWARE "AS IS," AND Blanchesoft Limited, ITS DISTRIBUTORS AND SUPPLIERS, AND ALL OTHER PERSONS WHO HAVE BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE, DISCLAIM ALL CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY CONDITIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU AND YOUR DISTRIBUTEES. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU AND YOUR DISTRIBUTEES (AND NOT Blanchesoft Limited) ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
7. TERMINATION. The license granted hereunder is effective until terminated by Blanchesoft Limited. You may terminate it at any time by destroying the Software. This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software. The termination of your license will not result in the termination of the licenses of any distributees who have received rights to the Software through you so long as they are in compliance with the provisions of this Agreement.
The Software is Copyright (c) Blanchesoft Limited 2008. All rights reserved. The documentation and all computer files are also Copyright (c) Blanchesoft Limited 2008. All rights reserved. These rights include but are not limited to any foreign language translations of the manual or the software, and all derivative works of both.