End user agreement for TextMessage
No warranty. The software is being delivered to you "as is" and SAFCo Software makes no warranty as to its use or performance. SAFCo Software provides no technical support, warranties or remedies for the software. SAFCo Software and its suppliers do not and cannot warrant the performance or results you may obtain by using the software. Except for any warranty, condition, representation or term to the extent to which the same cannot or may not be excluded or limited by law applicable to you in your jurisdiction, SAFCo Software and its suppliers make no warranties conditions, representations, or terms (express or implied whether by statute, common law, custom, usage or otherwise) as to any matter including without limitation noninfringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose.
Limitation of liability. In no event will SAFCo Software or its suppliers be liable to you for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost savings, even if an SAFCo Software representative has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party. The foregoing limitations and exclusions apply to the extent permitted by applicable law in your jurisdiction. SAFCo Software’s aggregate liability and that of its suppliers under or in connection with this agreement shall be limited to the amount paid for the software, if any. SAFCo Software is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this agreement, but in no other respects and for no other purpose.
Usage: You accept all responsibility to educate yourself regarding all applicable laws and statutes regarding the sending of SMS (text messages) and e-mails, and agree to obey them. This software should never be used for sending unsolicited, threatening or offensive messages and you agree to accept all responsibility for messages sent by yourself through the SAFCo Software system, holding SAFCo and its associates blameless. Furthermore, you agree that if the software is used in such a way that is in violation of this agreement or the law, you will cover all legal costs that SAFCo Software may incur as a result of your misuse. SAFCo Software reserves the right to filter out or not deliver messages that it deems as abuse of this system. SAFCo software also retains to right to block anyone for using their software at their discretion. You also acknowledge that the use of SMS is inherently unreliable and should never be used in an emergency situation.
Privacy: From time to time SAFCo Software might collect data for its own internal purposes which might inadvertently have personally identifiable information. This information will never be sold, given, traded or used for marketing purposes whatsoever unless required by law enforcement.
No Modification: You may not modify, adapt, translate or create derivative works based upon the Software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested SAFCo Software to provide the information necessary to achieve such operability and SAFCo Software has not made such information available. SAFCo Software has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by SAFCo Software and any information obtained by you by such permitted decompilation may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the SAFCo Software Customer Support Department.
Acceptance of License: The Licensee will be deemed to have accepted the terms of this License by downloading, installing and/or using the Software on any computer, or clicking the "I Accept" button.
License: In consideration of the mutual rights and obligations under this License, and subject to the provisions of this clause, the Licensor grants to the Licensee for the term of this License a limited, personal, non-exclusive, non-sub-licensable and non-transferable License. To use and copy the Software for the Licensee's own personal or internal business purposes on a SINGLE computer owned, leased and/or controlled by the Licensee or its employer or organization for whom the Licensee has installed the Software. To make one copy of the Software in machine readable form for normal operational security and back-up purposes. This License will apply to such copy as it applies to the original copy of the Software installed by the Licensee. Such copy and the media on which it is stored will be the property of the Licensor, and the Licensee shall ensure that such copy bears the Licensor's proprietary notices described in clause below.
Save as set out in this License, the Licensee has no right to use, incorporate into other products, copy, publish, display, modify, translate the Software or any modification, adaptation or copy of the Software or any part thereof, nor to decompile, reverse engineer, or disassemble the source code of the Software either in whole or in part, except to the limited extent permitted by mandatory law notwithstanding contractual prohibition.
The Licensee may not rent, lease, sub-license, sell, assign or otherwise transfer the Software to any other person or permit other individuals to use the Software without the prior written consent of the Licensor.
The Licensee will not use the Software: To manufacture or distribute a product that is substantially similar to or competitive with the Software. In a manner that infringes or fails to comply with any applicable laws or regulations. For a purpose or in a manner that infringes the Intellectual Property Rights of any third party. In any critical healthcare systems, or any other systems the failure of which could cause or contribute to personal injury or death, In a manner otherwise not permitted by this License.
The Licensee will not be entitled to receive any hard-copy documentation, technical support, telephone assistance, enhancements, new versions or updates to the Software under this License ("support"). The Licensor may provide such support via its website from time to time, but will not be obliged to do so and any such support will be provided in its sole discretion and in accordance with any separate terms specified by the Licensor.
Ownership of Intellectual Property Rights: The Licensee acknowledges that: All Intellectual Property Rights in or relating to the Software are and shall remain the exclusive property of the Licensor; Save as expressly granted under this License, the Licensee has no rights in the Software. The Licensee agrees that it shall not remove or alter any trade marks, copyright notices or similar proprietary devices, including any electronic watermarks or other identifiers, that may be incorporated in the Software or any copy of the Software.
Refund Policy. No refunds. All sales are final.
If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement. All disputes will be resolved by mediation in Palm Beach County, FL, USA. This agreement is subject to change without notice. For the latest version, check Http://safcosoftware.com/TextMessagePLUS/license.rtf