End user agreement for AdvanceSMS
Copyright © 2010, Killer Mobile Software LLC
All Rights Reserved
END USER LICENSE AGREEMENT
This license applies to the software product AdvanceSMS, including all associated media and printable, electronic or on-line documentation (the "Software").
You should carefully read the following terms and conditions before using the Software. Your downloading, accessing, or use of the Software indicates your acceptance of this End User License Agreement (the “License”).
The purpose of this License is to set out the terms under which Killer Mobile and its licensees (collectively "Licensors") are licensing the Software to you for your use.
Intellectual Property Rights
Subject to your compliance with the terms and conditions of this License, Licensors grant you a limited, non-exclusive, non-transferable right to install and use the Software in your operating environment(s) with third-party products or software. Licensors own, or have the right to exercise, all rights in the Software. Nothing contained in this License grants or confers any rights in the Software by license or otherwise, expressly or by implication, except the express limited rights set forth herein.
The Software is protected by patent, copyright laws and international copyright treaties, and/or other intellectual property laws and treaties. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, decompile, disassemble or create derivative works based on the Software or its selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Software.
Disclaimer of Warranty
THE SOFTWARE IS PROVIDED AS IS, AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, MADE WITH RESPECT TO IT, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
LICENSORS SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER INDIVIDUAL OR ENTITY CONNECTED WITH YOU FOR ANY CLAIM, LOSS, OR DAMAGE OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS LICENSE OR ARISING OUT OF OR IN CONNECTION WITH (1) THE DEFICIENCY OR INADEQUACY OF THE SOFTWARE FOR ANY PURPOSE, WHETHER OR NOT KNOWN OR DISCLOSED TO YOU; (2) THE USE OR PERFORMANCE OF THE SOFTWARE OR ANY FILES, DATA, OR COMPUTER SYSTEMS RELATED THERETO OR USED IN CONNECTION THEREWITH; (3) ANY INTERRUPTION OR LOSS OF SERVICE OR USE OF THE SOFTWARE, OR ANY FILES, DATA, OR OTHER COMPUTER SYSTEMS; (4) ANY SOFTWARE FAILURE; OR (5) ANY LOSS OF PROFITS, SALES, BUSINESS, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE OF ANY KIND OR NATURE RESULTING FROM THE FOREGOING.
Licensors do not warrant that the Software will meet your requirements or that the use or operation thereof will be uninterrupted or error-free.
This License will continue in effect for as long as you use the Software or until terminated by Licensors in their sole discretion, whichever is sooner. Following termination of this License for any reason, the provisions of this License with respect to warranties, limitation of liability and limited use of the Software will survive.
This License supersedes all previous agreements between the parties regarding the License and cannot be cancelled, assigned or modified except by the written agreement of both parties. This Agreement will be governed by and construed using Oregon law, without giving effect to Oregon conflict of law provisions or to constructive presumptions favoring either party. Any failure by Licensors to enforce or exercise any provision of this License or related right shall not constitute a waiver of that right or provision.
If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled.
User should also be aware that the Total Recall program contains an anti piracy module installed that will, upon use of an illegall (cracked) version of Total Recall, send out an SMS (text) message to Killer Mobile and various other persons on the Killer Mobile team containing any information contained on the phone which Total Recall is installed that Killer Mobile deems necessary. Use of this program constitues agreement to this, and user agrees to cover all costs and charges associated with sent SMS messages.
Do you accept all of the terms of the preceding End User License Agreement? If you choose “NO,” you will not be able to proceed. To view the Total Recall Software, you must accept this License. If you select “YES,” please print this page and retain a copy of the License for your records.
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