END USER LICENSE AGREEMENT
IMPORTANT! CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.
1. LICENSE GRANT. Shortcode, Inc. (SHORTCODE) grants you a license to use copy of the version of this SOFTWARE with any one compatible mobile phone or modem provided that the phone or modem has compatible identification code for each purchased license. "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE's programming features.
When you first obtain a copy of the SOFTWARE, you are granted an evaluation period of not more than 30 days, after which time you must register the SOFTWARE and pay license fee according to the terms and prices discussed in the SOFTWARE's documentation, or you must remove the SOFTWARE from your system. This license is not transferable to any other mobile phone or modem, or to another organization or individual. You are expected to use the SOFTWARE with your mobile equipment and to thoroughly evaluate its usefulness and functionality before making a purchase. This "try before you buy" approach is the ultimate guarantee that the SOFTWARE will perform to your satisfaction; therefore, you understand and agree that there is no refund policy for any purchase of the SOFTWARE.
2. EVALUATION DISTRIBUTION. You may provide copies of the SOFTWARE to others for their evaluation use so long as you: a) provide exact, unmodified copies of the SOWTWARE in the form of the self-installing .exe file or the ZIP file received from SHORTCODE, including all accompanying files, this agreement, and all copyright, trademark, proprietary, and other notices; b) do not charge or collect any monetary or other compensation for or in connection with SHORTCODE, apart from a modest reproduction or handling fee; and c) reference SHORTCODE as the sole source of the SOFTWARE.
3. OWNERSHIP. The SOFTWARE is owned and copyrighted by SHORTCODE. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.
4. COPYRIGHT. The SOFTWARE is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of SHORTCODE and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
5. REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.
6. NO OTHER WARRANTIES. SHORTCODE DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. SHORTCODE DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
7. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL SHORTCODE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF SHORTCODE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SHORTCODE'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
9. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware and the United States of America. All disputes arising under this Agreement or in connection with SHORTCODE shall be resolved in the state or federal courts, except that actions for infringement of intellectual property rights may be brought in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
10. ENTIRE AGREEMENT. This is the entire agreement between you and SHORTCODE which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.