Pics2Phones distribution permissions and end-user license agreement

This Freeware License is a binding legal agreement between the individual who downloads and/or Installs the Software (`You`) and Datex Systems. THIS SOFTWARE IS COPYRIGHTED AND DATEX SYSTEMS CLAIMS ALL EXCLUSIVE RIGHTS TO SUCH SOFTWARE, EXCEPT AS LICENSED TO USERS HEREUNDER AND SUBJECT TO STRICT COMPLIANCE WITH THE TERMS OF THIS FREEWARE LICENSE. IMPORTANT--READ THESE TERMS CAREFULLY BEFORE INSTALLING THIS SOFTWARE. BY INSTALLING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND BY INSTALLING OR USING PIC2PHONES SOFTWARE (THE "SOFTWARE"), YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT AND THE LICENSE AGREEMENT, AS THE "LICENSEE." IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT CLICK THE "ACCEPT" BUTTON, YOU MUST NOT INSTALL OR USE THE PRODUCT, AND YOU DO NOT BECOME A LICENSEE UNDER THIS AGREEMENT. LICENCE TERMS FOR PICS2PHONES V1.00 FREEWARE VERSION (for the purposes of this licence document henceforth known as `the Software`) 1. Datex Systems grants you a non-exclusive license to use the Downloaded Software subject to Your compliance with all of the terms and conditions of this Freeware License. 2. You may only use the Software on a single computer that you own, lease or control. You may make one backup copy of the Software for your own use to replace the primary copy in the event of hard-drive failure or other unavailability of the primary copy. The backup copy shall retain all copyright notices. 3. You are only granted a license for the machine-readable, object code portion of the Software. You will not modify, enhance, reverse engineer or otherwise alter the Software from its current state. 4. You may not use the Software for multiple users or on a local area network without written consent from Datex Systems. 5. You may not distribute, copy, publish, assign, sell, bargain, convey, transfer, pledge, lease or grant any further rights to use the Software. 6. You will not have any proprietary rights in and to the Software. You acknowledge and agree that Datex Systems retains all copyrights and other proprietary rights in and to the Software. 7. Your licence to use the Software shall be revocable by Datex Systems upon written notice to you. This licence shall automatically terminate upon your violation of the terms hereof or upon your use of the Software beyond the scope of the licence provided herein. 8. Use within the scope of this license is free of charge and no royalty or licensing fees shall be payable by you. Use beyond the scope of this licence license shall constitute copyright infringement. 9. This license shall be effective and bind you upon your downloading of the Software. 10. You accept the Software on an `AS IS` and with all faults basis. No representations and warranties are made to you regarding any aspect of the Software. 11. DATEX SYSTEMS HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATIVE TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTIBILITY. DATEX SYSTEMS SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES, INJURIES OR LIABILITIES CAUSED DIRECTLY OR INDIRECTLY FROM THE USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES. 12. This Licence Agreement shall be construed, interpreted and governed by the laws of the County of South Yorkshire South United Kingdom. without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this Licence Agreement shall be an appropriate national/federal or state court sitting in the County of South Yorkshire, United Kingdom. This Licence Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this Licence Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this Licence Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Licence Agreement shall be interpreted so as to reasonably effect the intention of the parties. 13. Datex Systems`s failure to enforce any rights here under or its copyright in the Software shall not be construed as amending this agreement or waiving any of Datex Systems`s rights hereunder or under any provision of United Kingdom law. 14. Availability of user created content uploaded to the Pics2Phones Web Site from the SOFTWARE is not guaranteed. User created media will be removed after a minimum period of 72 hours. Therefore, users should make sure that they save a local copy of any content created with the SOFTWARE. Datex Systems will not be held responsible for any losses caused by content being removed from the Pics2Phones Web Site or the Web site being unavailable for any reason whatsoever. Copyright Datex Systems 2004 Datex Systems Unit 4/5 Lion Park. Holbrook Industrial Estate Sheffield. S20 3GH. South Yorkshire. United Kingdom .+44 114 247 0242

Contact Datex Systems +44 114 247 0242

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