DESKALERTS SOFTWARE STANDARD LICENSE END USER LICENSE AGREEMENT.
IMPORTANT: THIS SOFTWARE END USER LICENSE
AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND SOFTOMATE
LLC. BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE
PLEASE READ THE AGREEMENT BELOW. BY INSTALLING AND USING THE SOFTWARE,
YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE 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, DO NOT INSTALL
THE SOFTWARE AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A
FULL REFUND.
1.0 Definitions
1.1 "Software" means the DeskAlerts software program
also include documentation, associated media, printed materials, and
online and electronic documentation.
2.0 LICENSE GRANT
2.1 SOFTOMATE hereby grants you a non-exclusive license to create and
distribute DeskAlerts Object Code created by the Software and to authorize
third parties use such Object Code.
2.2 License allows you to make one DeskAlerts for a website(s) owned by
you or your company with an limited distribution right.
2.3 You can install the Software onto a hard disk or other storage device
and use the Software on a single computer;
2.4 You may make one backup copy of the Software, provided your backup
copy is not installed or used on any computer.
2.5 HOME USE. The primary user of each computer on which the Software
is installed may also install the Software on one home computer. However,
the Software may not be used on the home computer at the same time the
Software on the primary computer or on the laptop is being used.
2.6 LAPTOP USE. The primary user of each computer on which the Software
is installed may also install the Software on laptop. However, the Software
may not be used on the laptop at the same time the Software on the primary
or on the home computer is being used.
3.0. LICENSE RESTRICTIONS
3.1 You may not create DeskAlerts for other companies. You may not resell
the DeskAlerts created.
3.2 Other than as set forth in Section 2, you may not make or distribute
copies of the Software, or electronically transfer the Software from
one computer to another or over a network.
3.3 You may not decompile, reverse engineer, disassemble, or otherwise
reduce the Software to a human-perceivable form.
3.4 You may not rent, lease, or sublicense the 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 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 Software or create derivative works based
upon the Software.
4.0 REPRESENTATIONS AND WARRANTIES
4.1 THE SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS. SOFTOMATE
HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS
OR IMPLIED, WITH RESPECT TO THE 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 SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. LICENSEE
IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE
SOFTWARE. LICENSEE ASSUMES ALL RISKS ASSOCIATED WITH USE OF THE 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 Software is an upgrade from an earlier version
of the Software, it is provided to you on a license exchange basis.
You agree by your installation and use of this copy of the Software
to voluntarily terminate your earlier EULA and that you will not continue
to use the earlier version of the Software or transfer it to another
person or entity.
7. OWNERSHIP
7.1 The license gives you limited license to use the Software. SOFTOMATE
retain all right, title and interest, including all copyrights, in and
to the Software and all copies thereof.
SOFTOMATE
Licensing Department
104 6th Street, Unit B
Lynden, Washington 98264
USA
email: license@softomate.com
fax: +1-801-4578820.
