Bulk SMS From PC : send messages from your computer to mobile phones.
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» version 22.214.171.124 - posted on 2007-02-14
Management-Ware Bulk SMS From PC END-USER LICENSE AGREEMENT
Registration No.: 1045409
1. Acceptance of this license agreement
Management-Ware Solutions ('the Company') have developed and designed the Bulk SMS From PC, a Messenger used to send Short Message Service (SMS) messages via computer (the 'Software') to which this Agreement relates. Use of the Software constitutes acceptance of this license agreement (the 'Agreement'). If You ('You' being either an individual person or a single legal entity) do not wish to be bound by the terms of this Agreement, do not install this Software.
2.1The Company will not sell or disclose private information that it receives unless such disclosure is necessary to protect its rights, or is required by law or such private information is transferred as a whole to an entity that undertakes to respect the privacy provisions of this Agreement.
3. Licensed not sold
The Software is licensed to you by the Company and is not sold. You are hereby granted the limited, non-exclusive, non-transferable and revocable right to use the Software in machine-readable binary form only.
4. Installation of Software
You can install the Software only in one computer. If you need to install the Software in many computers, You will need a license for each computer.
5. Backup copies
Unlimited copies may be made of the Software.
6. No tampering or reverse engineering
Except in those jurisdictions that specifically provide an irrevocable right to reverse engineer, the Software may not be reverse engineered, tampered with, translated or in any way modified by You. If Your jurisdiction specifically provides You with the irrevocable right to reverse engineer, this right will be restricted to the minimum degree that is necessary for you to do so to protect your rights and you are hereby prohibited from using any knowledge you may gain from such action for commercial gain.
7. Intellectual Property
All intellectual property related to the Software remains the exclusive property of the Company subject only this Agreement. Without limitation any copyright or trademark and any goodwill associated with the Software and its trademarks will remain the property of the Company.
8.1 The Software is not intended to be used for fail-safe performance and the Company makes no warranties about the ability of the Software to perform any functions with the exception of the following:
8.1.1 The Company warrants that the Software will perform substantially in accordance with the written specifications for a period of thirty (30) days from date of purchase. Should the Software not perform substantially in accordance with the written specifications within the thirty (30) day period then the only remedies available to You are to be refunded for the full purchase price or for the Software to be exchanged for a working copy.
8.2 Any warranty expressed in the Agreement does not apply if:
8.2.1 The Software was obtained illegally or installed in breach of this Agreement, and
8.2.2 The Software has been modified by You or any other party without the express authorization of the Company, and
8.2.3 The problems that were caused were due to a malfunction of the computer on which the Software was installed.
9. Product Support
Any updates that are posted on any of the Company web site which provide updates to the Software will be subject to this Agreement unless the updates are accompanied by a separate specific license agreement.
10. No liability
The Company shall not be liable for any direct or consequential loss suffered by You or any third party for any reason whatsoever, including but not limited to damage to property, loss of business information, loss relating to the disclosure of trade secrets or confidential information and breaches of security, arising out of the use or inability to use the Software and any updates thereto, even where the Company have been informed of the likelihood of such loss in advance.
You hereby indemnify, hold harmless and absolve the Company against all and any claims of whatsoever nature and from whatsoever cause made by any party arising directly or indirectly from the use or misuse of the Software by You, or any of your employees, representatives or agents.
Should any provision in this Agreement be found to be unenforceable the remainder of the Agreement will apply nonetheless.
13. Transfer of rights
The Company reserves the right to cede all rights and duties contained in this Agreement to a third party without any notice to You.
14.1. Without prejudice to any other remedies which it may otherwise have in terms of this agreement or at law, the Company shall be entitled to terminate this agreement by notice to You, electronic or manual, in the event that You commit a breach of the terms and conditions of this agreement.
14.2. Should the Company incur any legal costs in enforcing its rights in terms of this agreement, You shall be required to reimburse such costs as are incurred on the attorney and client scale.
14.3. This Agreement will remain in force until such time as either party breaches the Agreement. In the event of a breach of the Agreement by You, You must destroy all copies and the original of the Software.
15. Dispute Resolution
15.1. Any dispute arising out of or in connection with this Agreement including any question regarding its existence, validity or termination, shall be settled by the online dispute resolution process.
15.2. Where the dispute has arisen between parties in different countries the arbitration is deemed to be an international arbitration, and the place of the arbitration is deemed to be Montreal Quebec, Canada, so the arbitration will be governed by the mediation and arbitration rules and by the arbitration law of Canada. In the case of an international arbitration the dispute will be resolved in accordance with the United Nations Convention on Contracts for the International Sale of Goods (1980) (if concerned with the sale of goods) and the UNIDROIT Principles of International Commercial Contracts (1994), supplemented where necessary by the CENTRAL List of Lex Mercatoria principles, rules and standards.
15.3. The language used during the dispute resolution process will be English.
16. Entire Agreement
This agreement constitutes the entire agreement between You and the Company and no warranties or representations whether express or implied will be of force and effect unless reduced to writing and agreed upon by both parties.
This license shall be construed and interpreted in accordance with Canada Law. The Courts of Canada shall have exclusive jurisdiction in relation to any claim, dispute or other matter arising there from.
Should you have any questions concerning this Agreement, please contact Management-Ware Solutions via http://www.management-ware.com
Management-Ware Solutions Inc.
230 Henri Bourassa E, suite 205
Montreal (Quebec) H3L 1B8, Canada
Phone: 1514381 7722
Fax: 1-514-381- 7725