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Please
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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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