FOR Easy Logic SMSVue SOFTWARE PRODUCT
EASY LOGIC COMPANY ("EASY") LICENSES THIS SMSVue SOFTWARE PRODUCT TO YOU SUBJECT TO THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT ("EULA"). READ THE TERMS OF THIS EULA CAREFULLY. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YSOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE SOFTWARE.
NOTICE TO CUSTOMER
If you do not agree to the terms of this EULA, do not install, or use this software. This EULA is a contract between you (either an individual or an entity) and Easy Logic which governs your use of this Easy Logic software product that accompanies this EULA and related software components, which may include the associated executable programs, explanatory materials and the supporting documentation.
Easy Logic grants your company a license to use one copy of the Software. Each License purchased allows you to install 1 copy of the license. "Use" means storing, loading, installing and executing. You agree to use all reasonable efforts to protect the Product from unauthorized use, reproduction, distribution or publication. You may not modify the Software or disable any licensing or control features of the Software in any manner without prior written permission by Easy Logic.
You may not copy the Software except for a reasonable number of machine-readable copies of the software for backup or archival purposes and except as expressly permitted in the License Grant section above. You may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on the Software. You are not granted any rights to any trademarks or service marks of Easy Logic. Easy Logic retains all rights not expressly granted to you.
PROPRIETARY RIGHTS RESERVED BY Easy Logic
Easy Logic retains all right, title, and interest in and to the Software and the Software License Key and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights.
You may not (i) sell, lease, license, sublicense, distribute or otherwise transfer in whole or in part the Software, the Software License Key or to another party; (ii) provide, disclose, divulge or make available to, or permit use of the Software in whole or in part by, any third party without Easy Logic's prior written consent; (iii) decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software, in whole or in part; (iv) modify or create derivative works based upon the Software; or (v) use the Software on a service bureau or hosting basis to provide Remote Access Services connecting your customers to an operating system.
Easy Logic may terminate this EULA if you fail to comply with any term of this EULA. In the event of termination, you must destroy all copies of the Software and Software License Key. In addition you must remove all copies of the Software from the Server and all computers and terminals on which it is installed.
GOVERNING LAW AND GENERAL PROVISIONS
This EULA will be governed by the laws of the State of California, U.S.A., excluding the application of its conflicts of law rules. This EULA will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This EULA shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Easy Logic Software Company.
The SOFTWARE is being delivered to you AS IS and Easy Logic makes no warranty as to its use or performance. Easy Logic AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. Easy Logic AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL Easy Logic OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A Easy Logic REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT WILL Easy Logic BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSE- QUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER Easy Logic HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Easy Logic'S LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT, EXCEED THE LICENSE FEES, IF ANY, PAID BY YOU TO Easy Logic FOR THE SOFTWARE LICENSED BY YOU UNDER THIS EULA.Easy Logic'S LIABILITY IS LIMITED TO REPLACEMENT OR REFUND OF ONLY THE VIRUS-INFECTED SOFTWARE DOWNLOADED FROM Easy Logic WEBSITE.
If you have any questions about this EULA, or if you want to contact Easy Logic for any reason, please direct E-mail to: email@example.com.
SMSVue is a trademark of Easy Logic Company