End user agreement for eSobi Mobile for WinMobile
eSobi™ Software End User License Agreement
This End User License Agreement constitutes a valid and binding agreement between esobi Inc. ("esobi") and you, any end user who has a desire for the use of eSobi Software ("software"), according to the terms and conditions defined below.
BY CLICKING ON THE "ACCEPT" BUTTON, INSTALLING OR USING THE SOFTWARE, YOU ARE EXPRESSLY DEEMED TO AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE ONLINE HELP. If You are acquiring the Software on behalf of your company or organization, You represent that You are duly authorized to accept the terms and conditions of this Agreement on behalf of your company or organization. IF YOU DO NOT AGREE TO ANY OR ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE ONLINE HELP, PLEASE DO NOT INSTALL OR USE THE SOFTWARE.
Both the official and trial versions of the software are released and shall apply to the terms and conditions of this agreement. The official version is not free software. You and/or your software providers must pay for the license (or License Key) and activate the software within fifteen (15) days. The trial version is also not free for you; however, according to the software description, we provide you with a maximum of ninety (90) days free trial period upon installation of the trial version on your computer, a multi-user platform, server, network, or on any other digital device. If you have the desire for the continual use of the software when the aforesaid trial period has expired, you must visit our website at www.esobi.com and pay for the official version. Otherwise, you will lose any right to the software.
Subsequent to the completion of the activation process mentioned above, you automatically become a member of esobi member website. (Please see the related terms of the aforesaid website for details) esobi member website service is not a must but a benefit provided by esobi.
You also agree that esobi reserves the right to amend the terms and conditions of this agreement from time-to-time. We will notify you of such amendments or changes by publishing them on our website.
1. Grant of License. Subject to the terms and conditions of this agreement, esobi hereby grants you a limited, non-exclusive, non-transferable, non-sub licensable and permanent license to install, use, access, display and run the software only, on no more than the maximum number of computers for which license fees have been paid.
2. Access and/or Use. You shall not have the software be concurrently installed, used, accessed, displayed or run on more than the maximum number of computers for which license fees have been paid, on a multi-user platform, server, network, or on any other digital device. If you want to do so, you must purchase a licensed copy of the software for each and every individual computer and/or digital device separately.
3. Copy. You are allowed to make one copy of the software for backup purposes. Except as expressly stated in this agreement, you shall not, in any manner, make any copy of the software, the Online Help and/or other accompanying materials.
4. Update and Upgrade of Software. Any update and upgrade of the software shall be bound by this agreement. Any terms and/or conditions of this agreement shall be superseded by the renewed version of this agreement.
5. The Protection of Intellectual Property Right. All proprietary and intellectual property of the software, the materials related to the software and their copies, including but not limited to, image, picture, animation, video, audio, text, application program and printed materials, shall remain the property of esobi or its licensors. If the documentation with respect to the software is provided in electronic file format, you have the right to print out one copy of the aforesaid documentation for filing.
All rights not expressly granted hereunder are reserved for esobi. You shall not, and shall not attempt to, modify, reverse engineer, recompile, disassemble the software, create the derivative works or other works that are based upon or derived from the software in whole or in part, or in any manner, access and/or acquire the source code of the software.
However, all copyrights on the contents collected from the Internet by using the software shall remain the property of the holder of copyrights on the contents. Neither esobi nor you may claim copyrights on the collected contents resulting from the use of the software, and no right will be granted to either party as a result of the use of the software.
6. The Entirety of Software. The software shall be used as a non-separated unit. You are not allowed to use any of components of the software respectively on more than one computer.
7. Prohibition of Transfer. The software and the license herein granted shall not be divided from the computer on which the software was installed, for the purpose of rent, lease, lend, or sublicense, either alien or otherwise. All rights granted to you hereunder shall not be transferred in any manner to any third party.
8. No Removal of Trademark/Notices. Nothing in this agreement intends to transfer to you any ownership of the right, title or interest in and to the software and the intellectual property rights, relating thereto. You shall not remove, obscure, make illegible or alter any notices or indications of the intellectual property rights and ownership thereof.
9. Limited Warranty. esobi and its reseller(s) warrant and guarantee that the software (including the update and upgrade) will perform substantially in accordance with the Online Help for the software for a period of ninety (90) days from the date you acquire the software. esobi's or its reseller(s)' entire liability for any breach of this warranty shall be, at esobi's and/or its reseller(s)' option: (i) to repair or replace the software, or (ii) to update the software. Any replacement software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. esobi and/ or its reseller(s) shall not be liable for any defect of software results from force majeure and/ or your improper use.
THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY ESOBI AND/OR ITS RESELLER(S). ESOBI AND/OR ITS RESELLER(S) MAKE NO OTHER WARRANTY, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOU MUST EVALUATE THE RISK OF USE AND OPERATION OF THE SOFTWARE BY YOURSELF. If any modifications are made to the software by you during the warranty period, if the software is subjected to accident, abuse or improper use; or if you violate the terms of this agreement; then this warranty shall immediately be terminated.
10. Disclaimer. IN NO EVENT and under no circumstances shall ESOBI AND/OR ITS RESELLER(S) be liable, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY INCLUDING NEGLIGENCE, to you or any other person for ANY indirect, special, INCIDENTAL, exemplary or consequential damages, AND DAMAGES FOR LOSS OF business REVENUES and PROFITS, business interruption, Loss of business information, computer failure or malfunction, loss of reputation, OR any and all other tangible or intangible LOSSes ARISING fROM THE USE of OR THE INABILITY TO USE THE SOFTWARE, even if ESOBI and/or its reseller(s) have been advised of the possibility thereof. IN NO CASE SHALL ESOBI or its reseller(s)' total liability exceed the purchase price you paid for the software.
11. Termination. Your license to use the software may be terminated by esobi and/or its reseller(s) at any time if you violate this agreement. Upon termination, you must destroy or return to esobi all copies, components and additional information in connection with the Software.
12. Governing Law. Interpretation of this agreement will be governed by the laws of Taiwan, excluding its conflict of laws principles and the United Nations Convention on Contracts for the International Sale of Goods. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this agreement.
You expressly acknowledge that you have read this agreement and understood the rights, obligations, terms and conditions contained herein. By continuing to install or use the software, you expressly consent to be bound by the terms and conditions of this agreement.