SMS Mobile Marketing Pro distribution permissions and end-user license agreement
MOBILE MARKETING PRO END-USER LICENSE AGREEMENT FOR SIGNTIVE.COM SOFTWARE
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and SignTive.Com for the SignTive.Com software that accompanies this EULA, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Software"). An amendment or addendum to this EULA may accompany the software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.
1. GRANT OF LICENSE. SignTive.Com grants you the following rights provided that you comply with all
terms and conditions of this EULA:
1.1 Installation and use. You may install, use, access, display and run one copy of the Software on a single computer, such as a workstation, terminal or other device ("Workstation Computer"). The Software may not be used more than once at the same time at any one time on any single Workstation Computer.
1.2 Mandatory Activation. The license rights granted under this EULA will not be effective unless you supply information required to activate and verify your licensed copy in the manner described during the setup sequence of the Software. You can activate the Software through the use of the Internet; toll charges may apply. You may also need to reactivate the Software if you modify your cell phone hardware or alter the Software. There are technological measures in this Software that are designed to prevent unlicensed use of the Software. SignTive.Com will use those measures to confirm you have a legally licensed copy of the Software. If you are not using a licensed copy of the Software, you are not allowed to install the Software or future Software updates. SignTive.Com will collect only information about your cell phone and the information entered at installation, such as: the person’s name, email name and company name entered during setup. This information will be sent in encrypted form to SignTive.Com and will be used only for license verification purpose.
1.3 Cell phone Connections. You may connect only the number of cell phones according the purchased license. They will be activated as part of the activation process. The Software is limited to 16 simultaneous physical cell phone connections.
1.4 Storage/Network Use. You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other Workstation Computers over an internal network; however, you must acquire and dedicate an additional license for each separate Workstation Computer on or from which the Software is installed, used, accessed, displayed or run. A license for the Software may not be shared or used concurrently on different Workstation Computers.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
3. RESERVATION OF RIGHTS AND OWNERSHIP. SignTive.Com reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. SignTive.Com or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software.
6. CONSENT TO USE OF DATA. You agree that SignTive.Com and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. SignTive.Com may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information without your consent to any other party.
7. USE OF THIRD PARTY SOFTWARE. You may use third party software through the use of the Software. The third party software are not under the control of SignTive.Com, and SignTive.Com is not responsible for the contents, performance and behavior of any third party software, any links contained in third party software, or any changes or updates to third party software. SignTive.Com is not responsible for webcasting or any other form of transmission received from any third party software. SignTive.Com lets you use third party software only as a convenience, and the inclusion of any link does not imply an endorsement by SignTive.Com of the third party software.
8. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that SignTive.Com may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. SignTive.Com reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.
9. UPGRADES. To use Software identified as an upgrade, you must first be licensed for the software identified by SignTive.Com as eligible for the upgrade. After upgrading, you may no longer use the software that formed the basis for your upgrade eligibility.
10. EVALUATION SOFTWARE. Software identified as “Demo”, "Evaluation" or "NFR," may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.
11. SOFTWARE TRANSFER. Internal. You may move the Software to a different Workstation Computer. After the transfer, you must completely remove the Software from the former Workstation Computer. Transfer to Third Party. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
12. TERMINATION. Without prejudice to any other rights, SignTive.Com may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
13. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA. SignTive.Com warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your state /jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by SignTive.Com, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet SignTive.Com`s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 15 ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states /jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. SignTive.Com`s and its suppliers` entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at SignTive.Com`s option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to SignTive.Com with a copy of your receipt. You will receive the remedy elected by SignTive.Com without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to SignTive.Com). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and SignTive.Com will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with SignTive.Com`s warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any product support services offered by SignTive.Com are available without proof of purchase from an authorized international source. To exercise your remedy, contact: www.signtive.Com. CELL PHONES. The Software is not designed to work with all existing cell phones brands and models in the market. You must download the evaluation version of the Software at no charge to test for your phone’s brand and model compatibility, before purchasing the Software license. If the Software doesn’t work with your cell phone brand and model, it does not mean it is defective, and it will not entitle you to any refund or warranty.
14. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, SignTive.Com and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
15. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIGNTIVE.COM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF SIGNTIVE.COM OR ANY SUPPLIER, AND EVEN IF SIGNTIVE.COM OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of SignTive.Com and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by SignTive.Com with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software or US$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 13, 14 and 15) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
17. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227 -14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
18. APPLICABLE LAW. If you acquired this Software in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this Software in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If you acquired this Software in any other country, then local law may apply.
19. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and SignTive.Com relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any SignTive.Com policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
SignTive.com ("SIGNTIVE") grants you a non-exclusive distribution license to distribute the Trial Version, and any associated documentation ("The Tryout Version"), as indicated herein.
You are hereby licensed to make as many copies of the Tryout Version as you wish and distribute it to anyone provided that all files are intact. You must distribute the install form of the Tryout Version (you must distribute the SETUP file, not the files resulting of an installation). Shareware Catalog Web sites and Press are authorized to distribute it on any Cover Disk, CD-ROM or download file without permission from SIGNTIVE, hosted or linked to http://www.mobilemarketingpro.com site.
You MAY NOT: (a) sell this Tryout Version package (except for shipment and handling charges); (b) remove any product identification, copyright notices, or other notices or proprietary restrictions from this Software; (c) copy the documentation accompanying the software.
You may terminate this license at any time by destroying the Tryout Version, together with all copies thereof. This License will also terminate if you fail to comply with any term or condition of this Agreement. Upon such termination, you agree to destroy the Tryout Version, together with all copies thereof.
This Tryout Version and its source code are proprietary products of SIGNTIVE and are protected by copyright and other intellectual property laws.
DISCLAIMER OF WARRANTIES
The Tryout Version is supplied "AS IS". SIGNTIVE disclaims all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The user must assume the entire risk of using the Shareware.
DISCLAIMER OF DAMAGES
SIGNTIVE assumes no liability for damages, direct or consequential, which may result from the use of the Tryout Version, even if SIGNTIVE has been advised of the possibility of such damages.