DESKALERTS SOFTWARE STANDARD LICENSE END USER LICENSE AGREEMENT.
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND SOFTOMATE BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE DESKALERTS SOFTWARE PLEASE READ THE AGREEMENT BELOW. BY INSTALLING AND USING THE DESKALERTS SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE DESKALERTS SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN SELECT THE "CANCEL" BUTTON AND DO NOT INSTALL THE DESKALERTS SOFTWARE.
1.0 DEFINITIONS
1.1 “End User” means any user of DeskAlerts Server/Client Software.
1.2 “DeskAlerts Software” means collectively DeskAlerts Client Software and DeskAlerts Server Software program including online and electronic documentation, associated media and printed materials.
1.3 “DeskAlerts Client Software” means the DeskAlerts End User application installed on the End user Computer and with the ability of receiving Alerts from DeskAlerts Server Software.
1.4 “DeskAlerts Server Software” means the DeskAlerts Server application installed on the Customer Server with the ability for sending Alerts to the DeskAlerts Client Software.
2.0 LICENSE GRANT
2.1 SOFTOMATE hereby grants you a non-exclusive license to install and use the DeskAlerts Software on one single server for the purpose of communicating with DeskAlerts Client Software.
2.2 You may make one backup copy of the DeskAlerts Software, provided your backup copy is not installed or used on any computer.
3.0. LICENSE RESTRICTIONS
3.1 You may not resell the DeskAlerts.
3.2 Other than as set in Section 2, you may not make or distribute copies of the DeskAlerts Software, or electronically transfer the DeskAlerts Software from one computer to another or over a network.
3.3 You may not decompile, reverse engineer, disassemble, or otherwise reduce the DeskAlerts Software to a human-perceivable form.
3.4 You may not rent, lease, or sublicense the DeskAlerts Software.
3.5 You may permanently transfer all of your rights under this EULA only as part of transfer, provided you retain no copies, you transfer all of the DeskAlerts Software (including all component parts, the media and printed materials, any upgrades, this EULA, and the serial numbers), and the recipient agrees to the terms of this EULA.
3.6 You may not modify the DeskAlerts Software or create derivative works based upon the DeskAlerts Software.
4.0 REPRESENTATIONS AND WARRANTIES
4.1 THE DESKALERTS SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS. SOFTOMATE HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE DESKALERTS SOFTWARE INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOFTOMATE DOES NOT WARRANT THAT THE USE OR OPERATION OF THE DESKALERTS SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. LICENSEE IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE DESKALERTS SOFTWARE. LICENSEE ASSUMES ALL RISKS ASSOCIATED WITH USE OF THE DESKALERTS SOFTWARE, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO OR LOSS OF DATA, PROGRAMS OR EQUIPMENT AND UNAVAILABILITY OR INTERRUPTION OF OPERATIONS.
5.0 LIMITATION OF LIABILITY AND INDEMNIFICATION
5.1 SOFTOMATE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY LOST REVENUE, LOST PROFITS, LOST SAVINGS OR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES UNDER THIS AGREEMENT EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. SOFTOMATE SHALL NOT BE LIABLE FOR THE LOSS OF, OR DAMAGE TO, LICENSEE'S RECORDS OR DATA OR ANY DAMAGES CLAIMED BY LICENSEE BASED ON A THIRD PARTY CLAIM.
5.2 Licensee shall, at its expense, defend, indemnify and hold SOFTOMATE and its affiliates harmless from and against any and all claims arising out of or in connection with Licensee's use of the DeskAlerts.
6. UPGRADES
6.1 If this copy of the DeskAlerts Software is an upgrade from an earlier version of the DeskAlerts Software, it is provided to you on a license exchange basis. You agree by your installation and use of this copy of the DeskAlerts Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the DeskAlerts Software or transfer it to another person or entity.
7. OWNERSHIP
7.1 The license gives you limited license to use the DeskAlerts Software. SOFTOMATE retain all right, title and interest, including all copyrights, in and to the DeskAlerts Software and all copies thereof.
7.2 SOFTOMATE may publish your company name in any promotional materials, press release or other public announcement issued or distributed by SOFTOMATE.
SOFTOMATE
Licensing Department
901 N. Pitt Street, Suite 325
Alexandria, VA 22314
email: support@softomate.com
fax: +1-801-4578820
