End user agreement for SMSGate.3
Licence Agreement for the SMSGate.3 Software. END USER LICENSE AGREEMENT. Important Notice: Do not download this software until you have carefully read and agreed to the following terms and conditions. If you do not agree to these terms and conditions, do not install or use this software. This End-User License Agreement (“EULA”) is a legal agreement between the person install (“End User”) and NEVO-ASC Company Ltd. ("AUTHOR") for the software product it accompanies, which includes computer software and associated media, printed materials, and electronic documentation (“SW”). End User does not have the right to use the SW unless End User has paid the software cost price to AUTHOR, and has specifically agreed to the following terms and conditions. Subject to the foregoing, AUTHOR grants End User a non-exclusive right to use the SW upon the following terms and conditions: 1. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS: AUTHOR shall retain the sole and exclusive ownership of the SW and all intellectual property and/or proprietary rights relating to or embodied therein. AUTHOR reserves all rights not expressly granted to in Clause below and no rights are granted by implication, estoppels or otherwise. End User shall not remove from, add to or alter any of the trade mark, trade names, logos, patent or copyright notices or proprietary marking in the SW. 2. RESTRICTIONS: It is acknowledged that the SW and its structure, sequence, organization, user interface and source code constitute valuable trade secrets and proprietary information of AUTHOR. Accordingly, no permission is granted to End User or to any third party to (a) modify, adapt, alter, translate, or create derivative works from the SW; (b) distribute or otherwise transfer the SW to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the SW. 3. LIMITATION OF LIABILITY: The SW is provided "as is" without any express or implied warranty of any kind including warranties of merchantability, noninfringement of third-party intellectual property, or fitness for any particular purpose. In no event shall the AUTHOR, or his suppliers, be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, or breech of local or national law pertaining to copyright) arising out of the use of or inability to use the the SW, even if the AUTHOR has been advised of the possibility of such damages. Some countries do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the AUTHOR`s total liability to you for all damages in any one or more cause of action exceed the amount paid by you for the SW. 4. LIMITED WARRANTY: Support Service provided by AUTHOR shall be substantially as described in applicable written materials provided to End User by AUTHOR and AUTHOR support engineers will make commercially reasonable efforts to solve any such problem issues, provided that the same shall have been notified to AUTHOR in writing. 5. TERMINATION OF THIS LICENSE: The AUTHOR may terminate this EULA at any time if you fail to comply with the terms and conditions of this EULA, or at any time for any reason whatsoever. Upon termination, you must destroy all copies of the SW. 6. ENTIRE EULA: This EULA constitutes the entire agreement between the parties and supersedes any prior or contemporaneous oral or written agreements. By continuing with the installation of this software, you are bound by this EULA.