ActiveSMS - SMS ActiveX distribution permissions and end-user license agreement
1. SUBJECT-MATTER OF AGREEMENT
- SOFTWARE PRODUCT refers simply to the computer program ActiveSMS created by Net Sphaera.
- SOFTWARE PRODUCT is an ActiveX control that allows handling of GSM/GPRS terminals.
- The term "SOFTWARE PRODUCT" includes the computer program (in all its versions) and memory supports such as printed or electronic matter, hardware devices necessary for the functioning of SOFTWARE PRODUCT, as well as possible and next updating of original PRODUCT SOFTWARE.
- The SOFTWARE PRODUCT belongs to Net Sphaera and is protected by the international laws about copyright and intellectual property.
2. LICENCE CONCESSION
- This Agreement gives the User a single, non-exclusive personal right to install and use the SOFTWARE PRODUCT.
- The SOFTWARE PRODUCT will handle a definite or undefinite separate GSM/GPRS terminals, as specified in the order form.
- In case of a definite number of terminals, these terminals need to be opportunely qualified through a procedure avaiable on the web.
- The User can make a copy of SOFTWARE PRODUCT only and exclusively for backup or archiving purposes.
- The User is authorized to print the documentation of the SOFTWARE PRODUCT if this documentation is given in electronic format.
- The User should be able to redistribute the SOFTWARE PRODUCT only if it is included in the setup package of his own application. In particular, the User is authorized to include Activesms.dll file and all the file included in the directory “modemcaps” in his distribution. About msvcrt71.dll file, he/she has to refer to Microsoft documentation. The User is never authorized to redistribute the original package, provided by Net Sphaera after signing this agreement.
- The User is forbidden to keep and modify all copyright communications about the SOFTWARE PRODUCT.
- The User is forbidden in particular to modify, translate, reverse-engineer, decompile, disassemble the SOFTWARE PRODUCT, excluded where this restriction is expressly forbidden by the law in force (CEE DIRECTIVE 91/250).
- The User is forbidden to pass on, rent or lease SOFTWARE PRODUCT.
- The User can trasfer definitively the SOFTWARE PRODUCT to third parties, provided that he/she does not keep any copy and provided that the transferee accepts all terms and conditions of this Agreement.
- The Agreement will cease if the User does not respect the terms of this Agreement. In this case the User has to destroy all the copies of the SOFTWARE PRODUCT.
- Net Sphaera guarantees that the SOFTWARE PRODUCT will work in accordance with the features described in the documentation of the product and on www.activesms.biz site and guarantees that the memory supports and other possible materials (printed matter, hardware devices...) are without material or production defects.
- Net Sphaera supplies the SOFTWARE PRODUCT "as is" and disclaims all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose.
5. USER`S PROTECTION
- In case of errors or defects of the SOFTWARE PRODUCT, Net Sphaera can, at its own option, try to solve the errors (without any guarantee about the result or about the times), subsitute, according to the warranty terms provided by the law, possible defective materials with other new materials or return the price paid, withdrawing from this agreement. These remedies are subordinated to the restitution of the materials and tools of the SOFTWARE PRODUCT and are not applied if the defect of the software or materials and tools come from an erroneous application, incorrect use or a non-observance of operative instructions included in the documentation of SOFTWARE PRODUCT or on www.activesms.biz. site.
- Because of the high number of possible and potential applications, it was not possible to test the SOFTWARE PRODUCT in all its possible fields of use. Net Sphaera declines any responsability about the results obtained using the software. The User takes full responsibility for a correct use of SOFTWARE PRODUCT and for the interpretation and the control of results obtained by the software.
- Net Sphaera declines any responsability for any loss or direct and indirect damage (including damages to individuals and material things, loss of information, loss of profit) coming from the use or the impossibility of using the SOFTWARE PRODUCT, also if Net Sphaera is informed about the possibility of these damages. The user knows that the amount paid for the licence of the SOFTWARE PRODUCT has been decided also considering these restrictions of liability.