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LEAH
- Message Manager
Software License Agreement
IMPORTANT:
Please review the License Agreement below. By doing so,
or otherwise downloading or copying this Software, you agree
to the terms of this Agreement. Do not load this software
until you have carefully read and agreed to the following
terms and conditions. If you do not agree to these terms,
do not install or use this software.
IF
YOU DOWNLOAD, INSTALL OR USE THIS SOFTWARE, YOU WILL BE BOUND
BY THE TERMS OF THIS LICENSE AGREEMENT :
Subject
to strict compliance with the terms and conditions of this
Agreement, Client By Design ("Client By Design")
grants you a non- exclusive copyright license to the enclosed
Device View software program ("Software"). You may
not use, copy, modify, rent, sell, or transfer the Software
or any portion thereof except as provided in this Agreement.
You
may:
1. Install and use the Registered Software on one (1) computer.
2. Copy the Software solely for backup or archival purposes,
including copying the Software into memory.
RESTRICTIONS:
You May Not:
1. Sublicense the Software;
2. Reverse engineer, decompile, or disassemble the Software;
3. Modify the Software or create derivative works from the
Software; or
4. Copy or distribute the Software, in whole or in part, except
as specifically provided in this Agreement.
5.
Use a previous version or copy of the Software after you have
received a disk replacement set or an upgraded version as
a replacement of the prior version, unless you donate a previous
version of an upgraded version to a charity of your choice,
and such charity agrees in writing that it will be the sole
end user of the product, and that it will abide by the terms
of this agreement. Unless you so donate a previous version
of an upgraded version, upon upgrading the Software, all copies
of the prior version must be destroyed
TRANSFER:
You may not transfer a registered version of the Software
except demo versions to another party, even if only on a temporary
basis or for evaluation or other limited purposes.
OWNERSHIP
AND COPYRIGHT OF SOFTWARE: Title to the Software and all
copies thereof remain with Client By Design or its vendors.
The Software is copyrighted and is protected by United States
and international copyright laws. You will not remove the
copyright notice from the Software. You agree to prevent any
unauthorized copying of the LEAH Message Manager Software.
LIMITED
WARRANTY: If distributed via magnetic media, CLIENT BY
DESIGN warrants that the media on which the Software is distributed
will be free from defects for a period of sixty (60) days
from the date of delivery of the Software to you. Your sole
remedy in the event of a breach of this warranty will be that
CLIENT BY DESIGN will, at its option, replace any defective
media returned to CLIENT BY DESIGN within the warranty period
or refund the money you paid for the Software. CLIENT BY DESIGN
does not warrant that the Software will meet your requirements
or that operation of the Software will be uninterrupted or
that the Software will be error-free. If software was received
via download, user may request to download a replacement of
the software via the same method.
THE ABOVE
WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE
OTHER STATUTORY RIGHTS EXCLUSION OF WARRANTIES: THE SOFTWARE
IS PROVIDED strictly "AS IS". WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES
OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE. LIMITATION OF LIABILITY: IN NO EVENT
SHALL CLIENT BY DESIGN NOR ITS VENDORS BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS,
LOSS OF USE, LOSS OF DATA, INTERRUPTIONS OF BUSINESS, OR LOST
INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SOFTWARE, EVEN IF CLIENT BY DESIGN HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT
EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES
OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS
THAT VARY FROM JURISDICTION TO JURISDICTION.
SUPPORT:
Client By Design shall have no support, maintenance and/or
update/upgrade obligation to you in connection with the Software
or this Agreement other than noted on the LEAH Message
Manager Web Site: http://www.LeahMessageManager.com
TERMINATION
OF THIS LICENSE: Client By Design may terminate this license
at any time if you are in breach of any of its terms and conditions.
Upon termination, you will immediately destroy the Software
or return all copies of the Software and documentation to
Client By Design.
EXPORT
LAWS: You agree that the distribution and export/re-export
of the Software is in compliance with the laws, regulations,
orders or other restrictions of the U.S. Export Administration
Regulations and that you shall not export or re-export the
Software in violation of any United States export law or trade
regulation.
SEVERABILITY:
The terms and conditions stated in this Agreement are declared
to be severable. If any paragraph, provision, or clause in
this Agreement shall be found or be held to be invalid or
unenforceable in any jurisdiction in which this Agreement
is being performed, the remainder of this Agreement shall
be valid and enforceable and the parties shall use good faith
to negotiate a substitute, valid, and enforceable provision
which most nearly effects the parties' intent in entering
into this Agreement.
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