Oxygen Express for Nokia phones distribution permissions and end-user license agreement
License Agreement and Limited Warranty
PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING OR USING THE PRODUCT. A COPY OF THIS LICENSE IS AVAILABLE FOR YOUR FUTURE REFERENCE IN THE "LICENSE.RTF" FILE PROVIDED WITH THE PRODUCT.
1. Introduction. This agreement explains when and how you may use Trial and Registered Copies of Oxygen Express for Nokia phones.
In this agreement:
· "Oxygen Express", or "Product" or “Software” means the Oxygen Express for Nokia phones program you have purchased or obtained for evaluation.
· "Trial Copy" means a copy of Oxygen Express distributed by us for evaluation.
· "Registered Copy" means a copy of the Oxygen Express purchased or rented from us.
· "Personal Edition" means an Oxygen Express Personal Edition.
· "Service Center Edition" means Oxygen Express Service Center Edition - a special version of Oxygen Express for service centers and paid content upload services with guaranteed monthly updates to add timely support of all new Nokia models appearing on the market.
· "Forensic edition" means a special version of the Oxygen Express for Police Departments, Law Enforcement units and all government services that wish to use Oxygen Express for investigation purposes.
· "we" or "us" means Oxygen Software.
· "you" means the end user of Oxygen Express.
2. Ownership. The Product is proprietary to Oxygen Software. The Product is licensed, not sold, to you notwithstanding any reference herein to "purchases". You acknowledge and agree that:
· Product is protected under copyright and other laws.
· Oxygen Software and its licensors retain all copyrights and other intellectual property rights in the Product.
· There are no implied licenses under this License, and any rights not expressly granted to you hereunder are reserved by Oxygen Software.
· You acquire no ownership or other interest (other than your license rights) in or to the Product;
· Oxygen Software owns all copies of the Product, however made. You agree that you will not, at any time, contest anywhere in the world Oxygen Software's ownership of the Product, nor will you challenge the validity of Oxygen Software's rights in the Product.
3. Legal Agreement. This is a legal agreement which allows you, the end user, to use Oxygen Express under certain terms and conditions. If you cannot agree to abide by the terms of this agreement you should not use Oxygen Express. Oxygen Software reserves the right to change this license agreement for the future versions of Oxygen Express. Oxygen Software is only willing to grant you this License if you obtained the Product from Oxygen Software or a Oxygen Software authorized reseller. If you obtained the Product from any other source you may not install or use the Product.
4. Use of Oxygen Express. You may use the Trial Copy of Oxygen Express on as many computers as you like for a 30 day period. After that period, you must either register Oxygen Express or remove it from all the computers you had installed it on.
Personal Edition of Oxygen Express may be used on an unlimited number of computers and for an unlimited period, but for personal use only. You are not allowed to use Personal Edition for business or for profit.
Service Center Edition of Oxygen Express may be installed and used on one computer only. You may use Service Center Edition for business purposes as well as for getting profit.
Forensic edition of Oxygen Express may be used on an unlimited number of computers and for an unlimited period, but only in Police Departments, Law Enforcement units and all government services that wish to use Oxygen Express for investigation purposes.
You assume full responsibility for the selection and use of Oxygen Express to achieve your intended results.
5. Copying Registered Copies of Oxygen Express. When you receive a Registered Copy of Oxygen Express you may make copies of Oxygen Express which are necessary for normal backup purposes.
You agree not to make any other copies of the Software, or any part of them, or sell or give any copies to others, without our advance written permission.
6. Licensing for Oxygen Express is as follows:
Licensing for Oxygen Express Personal Edition:
License type Total phones allowed Price
Individual 1 €19.95
Family 3 €34.95
Business 5 €49.95
Upgrade to Family 3 €19.95
Upgrade to Business 5 €34.95
All Personal Edition licenses include one year of free upgrades to all new versions and life-time technical support. If you wish to receive updates after one year of free updates expires, you always can purchase the Oxygen Express renewal license at a small price from €5.95 per phone.
"Total phones allowed" limitation denotes maximum number of phones you are allowed to write data in within the limits of one license. Note that, the number of phones that you can read data from is unlimited.
There is no need to order new license if you changed your phone. Just unregister old phone and register new one from the software with couple of mouse clicks.
Please note that you must register your phone(s) to work with Oxygen Express Personal Edition. Register phones procedure is very simple and convenient. Click "Register/Unregister phone" item in "Phone" menu and select what phone(s) you need to be added to (or removed from) your license. Program sends this information to Oxygen Registration Robot via e-mail. The Robot will provide you with updated registration code. Usually it takes only several minutes. Please remember that once you removed the phone from your license, you will not be able to use it again with Oxygen Express as removing phone from your license means that you're no longer using it.
Need more allowed phones support or have some questions? Just contact us at http://www.oxygensoftware.com/support/index.asp?page=104 and we'll reply you with the best offer.
Licensing for Oxygen Express Service Center Edition:
License type Total phones allowed Price Single phone service fee
Starter 100 €99 €0.99
Standard 500 €399 €0.798
Small Business 1000 €699 €0.699
Company 2000 €1199 €0.599
Corporate 5000 €1999 €0.399
All Service Center Edition licenses include one year of guaranteed monthly upgrades to add timely support of all new Nokia models appearing on the market.
“Total phones allowed” limitation denotes maximum phones you are allowed to serve. Under serve we assume at least one successful writing data to phone. It means you may backup and restore phone information and settings, upload to phone several wallpapers, ringing tones, melodies and Java applications, and all these operations will be rated as single phone service. Moreover you may service the same phone several times during one month and all these operations will be rated as single phone service.
Oxygen Express Service Center Edition counts the number of serviced phones and requires this information to be sent to Oxygen Software monthly. As a return you receive the latest version of Oxygen Express and updated registration code.
Need help advising an appropriate license or have some questions? Just contact us at http://www.oxygensoftware.com/support/index.asp?page=104 and we'll do all our best to help you.
You must not make your license keys, registered version files and registration details public or give them to any third party. If the keys of the versions become public they may be deactivated. In this case, use of these files is prohibited.
7. OTHER LIMITATIONS.
You may use Registered version of the Product only with the phones registered in the license key received from Oxygen Software.
You must not modify or remove any copyright notices and license agreement statements in the Product.
You may not transfer copies of the Product to third parties.
You may not decompile, disassemble or reverse engineer the Product. You also must not modify the files included in the distribution package.
You may not rent, lease or otherwise transfer rights to the Product.
8. LIMITED WARRANTY AND DISCLAIMER. The following limited warranty applies to all (Trial, Registered etc) Copies of Oxygen Express.
Bugs and Program Errors. We do not promise that Oxygen Express will be free of bugs or program errors. If you report a program error or bug to us, we will use our best efforts to correct it. If we issue a maintenance release for Oxygen Express which includes a correction for an error you reported, we will send you a copy of that maintenance release at no charge. We will only do this for maintenance releases, not for new major releases or other new versions of Oxygen Express.
Hardware damages. We are not responsible for any possible damages which may occur with your mobile phone or PC during use or misuse of our software. We are also not responsible for any problems caused by original or hand-made connection cables.
Except for the limited warranty stated above, we disclaim any and all other warranties, express or implied, oral or written, including any implied warranties of merchantability or fitness for a particular purpose. Oxygen Software reserves the right to change this license agreement for the future versions of Oxygen Express.
9. LIMITATION OF LIABILITY. IN NO EVENT WILL OXYGEN SOFTWARE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR DATA, ARISING FROM OR RELATING TO THIS LICENSE OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, EVEN IF OXYGEN SOFTWARE KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OXYGEN SOFTWARE'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LICENSE OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU UNDER THIS LICENSE. THIS SECTION WILL APPLY EVEN IF AN EXCLUSIVE REMEDY HEREUNDER HAS FAILED OF ITS ESSENTIAL PURPOSE.
The author disclaims all warranties as to this software, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose. Use under your own responsibility, but comments (even critique) in English, German, French, Russian are welcome.
This software is provided as is without warranty of any kind. To the maximum extent permitted by applicable law, Oxygen Software further disclaims all warranties, including without limitation any implied warranties merchantability, fitness for a particular purpose, and noninfringement. the entire risk arising out of the use or performance of the product and documentation remains with recipient. To the maximum extent permitted by applicable law, in no event shall Oxygen Software be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of this agreement or the use of or inability to use the product, even if Oxygen Software has been advised of the possibility of such damages.