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END USER LICENSE AGREEMENT Software: PushBots Sender This is a license agreement and not an agreement for sale regarding the above-mentioned software ('Software'). Program author grant you a nonexclusive, limited license to install and use the Software provided that you agree to the following: 1. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS Program author owns, or has been licensed from other owners, copyrights and any other intellectual property rights in the Software. You obtain no rights to copyrights or any other rights in the Software other than the license granted to you regarding the Software under this agreement. The title to the Software and any copy made from it is retained by program author or such other owners. 2. LICENSE (1) Subject to the terms and conditions of this License, program author grants to you, if you are an individual, or, if you are an entity, one (1) designated person in your organization ('Named User') a personal, nonexclusive, nontransferable and limited license to use the Software. (2) You may install the Software on a reasonable number of machines provided that the Named User is the only individual permitted to use the Software. (3) You may also make a reasonable number of copies of the Software to backup devices such as hard disks, optical media, or tape and one (1) physical CD media backup copy of the Software solely to replace the original copy provided to you if the original copy is damaged or destroyed. 3. RESTRICTIONS You shall not, without the written consent of program author: (1) use, copy, modify, merge or transfer copies of the Software except as provided herein; (2) reverse engineer, decompile, disassemble or other wise attempt to discover the source code of the Software; or (3) sublicense, rent, lease or distribute the Software or any copy thereof. 4. LIMITED WARRANTY 4.1 Program author warrants the media (if any) on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date you purchased the same as evidenced by the receipt or otherwise. 4.2 THE WARRANTIES UNDER PARAGRAPH 4.1 COVERS THE MEDIA ONLY. PROGRAM AUTHOR PROVIDES TO YOU THE SOFTWARE 'AS IS'; AND PROGRAM AUTHOR HEREBY DISCLAIMS WITH RESPECT TO THE SOFTWARE ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR CONDITIONS RELATED TO: TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, LACK OF NEGLIGENCE. 4.3 Program author does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. 5. LIMITATION OF LIABILITY 5.1 IN NO EVENT SHALL PROGRAM AUTHOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, CHARGE FOR TRIAL) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF PROGRAM AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU MUST PROTECT AND VINDICATE PROGRAM AUTHOR AT ANY TIME (e.g. TRIAL) INCLUDING TARIFF THAT WOULD RESULT FROM LICENSING THIS SOFTWARE. 6. TERMINATION You may terminate this agreement at any time by destroying the Software and all your copies of it, as well as all other related documents. Program author may terminate this agreement if you fail to comply with these terms. Upon such termination, you agree to destroy the Software and all your copies of it, as well as all other related documents. 7. GOVERNING LAW This agreement shall be governed by the laws of the country where the delivery is made to the original customer and by the laws of the European Union. Рейтинг: Назад Наверх
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