End user agreement for NotifyMe
End User Licence Agreement
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY INSTALLING, USING, COPYING OR DISTRIBUTING ALL OR ANY PORTION OF THE SOFTWARE ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.
You are permitted to Use the Software only in accordance with the terms of this Agreement.
Definitions. "Software" means (a) all of the contents of the files (provided either by electronic download, on physical media or any other method of distribution), disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) this program or third party computer information or software (ii) related explanatory written materials or files ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you. "Use" or "Using" means to access, install, download, copy, or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by the copyright owner. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "Copyright Owner" means the entity or individual who currently has ownership rights to the program.
Software License. If you obtained the Software from the Copyright Owner or one of their authorized licensees, and subject to your compliance with the terms of this agreement (this "Agreement"), the Copyright Owner grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation as follows.
1.1 General Use.
1.2 Shareing of NotifyMe v2 Freeware is Permitted.
1.2.1 Original Condition. You may not modify the Software in any way.
1.3 Structured Organizations. Structured organizations (includeing but not limited to: Corporations, Business, Government, Military, Charity, Groups, Clubs, Federations, Organizations, Clans, Religions) are prohibited from installing, useing, modifying or profiting from or of the Software within their Structured Organization and its affiliates on a mass or minor scale except for reasons detailed in 1.4
1.4 Exceptions for Structured Organizations. In the event a Structured Organization wishes to purchase the Software they may install and use the Software on one (1) compatible computer for the purposes of evaluation only. The Software must be removed before 30 days.
1.5 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 the Copyright Owner to provide the information necessary to achieve such operability and the Copyright Owner has not made such information available. The Copyright Owner has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by the Copyright Owner 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 Support section on the the relative website.
1.6 You may not alter or modify the Software or create a new installer for the Software.
1.7 Any form of profit made by the use of this software directly or indirectly without prior written consent is a violation of this agreement.
1.8 Indemnity. You agree to hold the Copyright Owner(except as expressly provided in its Issuer Statement) harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any use of, or reliance on, any service, including, without limitation (a) reliance on the software, (b) improper useage, (c) use other than as permitted by this Agreement or applicable law; (d) failure to exercise reasonable judgment under the circumstances in relying on the services or (e) failure to perform any of the obligations as required in an applicable Issuer Statement.
1.9 Limit of Liability. UNDER NO CIRCUMSTANCES WILL THE COPYRIGHT OWNER OR ANY SERVICE PROVIDER (EXCEPT AS EXPRESSLY SET FORTH IN ITS ISSUER STATEMENT) BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY LOSS OF USE, REVENUE OR PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR USE OR RELIANCE UPON CD SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIALTERMS OF THIS AGREEMENT.
2.1 Notices. You shall not copy the Software except as set forth in Section 1. Any copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.
2.2 Features. The Software may contain features and functionality that appear disabled or ?grayed out.? These features are deactivated in order to restrict access to those functions usually for demonstration software purposes. You agree not to access, or attempt to access, disabled features or otherwise circumvent the permissions that control activation of such features. You may only use the features of the Software under a valid license from the Copyright Owner. No other use is permitted.
2.4 Transfer. You may not rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user's Computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer (i) this Agreement, and (ii) the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, to such person or entity, (b) you retain no copies, including backups and copies stored on a Computer, and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.
2.5 Intellectual Property Ownership, Copyright Protection. The Software and any authorized copies that you make are the intellectual property of and are owned by the Copyright Owner. The structure, organization and code of the Software are the valuable trade secrets and confidential information of the Copyright Owner. The Software is protected by law, including without limitation the international copyright laws and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by the Copyright Owner.
2.6 Updates. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use such Update. All Updates are provided to you on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to Use previous versions of the Software on your Computer after you Use the Update but only to assist you in the transition to the Update, provided that: (a) the Update and the previous versions are installed on the same computer; (b) the previous versions or copies thereof are not transferred to another party or Computer unless all copies of the Update are also transferred to such party or Computer; and (c) you acknowledge that any obligation the Copyright Owner may have to support the previous versions of the Software may be ended upon availability of the Update.
3.1 NO WARRANTY. The Software is being delivered to you "AS IS" and the Copyright Owner makes no warranty as to its use or performance. The Copyright Owner provides no technical support, warranties or remedies for the Software.
3.2 THE COPYRIGHT OWNER 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, THE COPYRIGHT OWNER 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.
3.3 LIMITATION OF LIABILITY. IN NO EVENT WILL THE COPYRIGHT OWNER 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 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. THE COPYRIGHT OWNER 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.
4.1 Nothing contained in this Agreement limits the Copyright Owner's liability to you in the event of death or personal injury resulting from the Copyright Owner's negligence or for the tort of deceit (fraud). The Copyright Owner 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. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact the Copyright Owner.
5.1 Export Rules. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by applicible laws or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
6.1 General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by the Copyright Owner. Updates may be licensed to you by the Copyright Owner with additional or different terms. This is the entire agreement between the Copyright Owner and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
7.1 Compliance with Licenses. If you are a business or organization, you agree that upon request from the Copyright Owner, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from the Copyright Owner.
8.1 EUAL: This end user licence agreement may be altered at any time and enforced without prior notice.
8.2 You understand and agree that NotifyMe v2 in any version will periodically use the internet to perform licence validations.
8.3 No Warranty or guarantee is offered pertaining to the use and interaction of external technology, their providers or the information they may deliver.
8.4 Activation Key exploitation: Unusual activation key activity and or unauthorized distribution either intentional or unintentional may result in key blocking. A replacement key may be delivered upon request and at the discretion of the copyright owner.
9.1 Pre-release Product & Demonstration Additional Terms. If the product you have received with this license is pre-commercial release or beta Software ("Pre-release Software") or a Demonstration Version ("Pre-release Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supercede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from the Copyright Owner, and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided to you "AS-IS", and the Copyright Owner disclaims any warranty or liability obligations to you of any kind. You acknowledge that the Copyright Owner has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, the Copyright Owner has no express or implied obligation to you to announce or introduce the Pre-release Software and that the Copyright Owner may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this Agreement, if requested by the Copyright Owner, you will provide feedback to the Copyright Owner regarding testing and use of the Pre-release Software, including error or bug reports. If you have been provided the Pre-release Software pursuant to a separate written agreement your use of the Software is also governed by such agreement. You agree that you may not and certify that you will not sublicense, lease, loan, rent, assign or transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by the Copyright Owner of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from the Copyright Owner and to abide by the terms of the license agreement for any such later versions of the Pre-release Software.