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END-USER LICENSE AGREEMENT FOR SMART-X SOFTWARE SOLUTIONS LTD. SOFTWARE:
Net Send GUI - Enterprise Messaging System (Messaging System).
This Smart-X End-User License Agreement ("Agreement") is an Agreement between Customer (either an individual or a single entity) and Smart-X Software solutions Ltd. (“Smart-X”) for the Smart-X software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Software"). By downloading, installing, copying, or otherwise using the Software, Customer agrees to be bound by the terms of this Agreement. If Customer does not agree to the terms of this Agreement, you are requested to not install or use the Software. The Term “Customer” shall mean all the relevant computers which are installed with Net Send GUI - Enterprise Messaging System (Messaging System)(as the term is defined herein) which users shall be bound by the terms of this EULA upon use of the Software. The Term “Software” shall also mean and include (i) the computer programming code to be developed by Smart-X and (ii) all specifications, documents, manuals, diagrams and other information required for all aspects of installation, configuration, maintenance including repair of problems and bugs in the Software, user support, system administration, or performance optimization of the Software (Software shall also pertain to upgrades whether existing or in the future (.
1). License of Software.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All right, title and interest in and relating to the Software and all intellectual property rights, including all copyrights, patent rights, trade secret rights, mask work rights and other rights in and relating therein (and any derivative works, translation, customized versions, amendments, modifications, enhancements or upgrades thereof) shall remain solely and exclusively with Smart-X.
1a). Trial version software:
This software is trial version software.
Trial Version" means a version of the Software, so identified, to be used only to review, demonstrate and evaluate the Software for a limited time period. The Trial Version may have limited features, may lack the ability for the end-user to save the end product, and may cease operating after a predetermined amount of time due to an internal mechanism within the Trial Version.
2). The Software is licensed to you under the terms herein, but not sold. You hereby acknowledges that the Software, and all copies thereof made by you, are the exclusive property of Smart-X and that title to the above shall at all times remain with Smart-X. You further acknowledge that you have no rights in the Software except those expressly granted by this Agreement.
3). Grant of License.
1. This Agreement grants you the following rights:
a. Smart-X grants to you a non-exclusive, personal, nontransferable, non-assignable limited license to evaluate the Software for a period of 30 days and/or with limited features and thereafter to purchase a license entitling Customer to continue use the Software (the “License”) for a perpetual time. You hereby acknowledge that Smart-X has not authorized you to modify, distribute, disseminate, disclose or demonstrate the Software in any way.
b. Solely with respect to electronic documents included with the Software, you may make one copy (either in hard copy or electronic form), provided that such a copy shall be used only for internal purposes for the evaluation of the Software as described in Section 1(a) above and you may not publish or distribute the documents to any third party.
2. Other Rights and Limitations.
a) You may not resell, or otherwise transfer for value, the Software to any third party.
b) Limitations on Reverse Engineering, Recompilation, and Disassembly. You may not: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the Software, or its structural framework except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (ii) use the Software in whole or in part for any purpose except as expressly provided under this Agreement; or (iii) modify the Software or make derivative works thereof.
c) Separation of Components. The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer.
d) Lease. You may not rent, lease, or lend the Software.
e) Support Services. Smart-X may provide you with support services related to the Software ("Services"). Use of Services is governed by Smart-X`s policies and programs described in the user manual, in "online" documentation, and/or in other Smart-X provided materials. Any supplemental software code provided to you as part of the Services shall be considered part of the Software and subject to the terms and conditions of this Agreement. With respect to technical information you provide to Smart-X as part of the Services, Smart-X may use such information for its business purposes, including for product support and development. Smart-X will not utilize such technical information in a form that personally identifies you.
f) Software Transfer. You may not transfer any of your rights under this Agreement
According to the trial version limitation (as specified on the web site), your right to evaluate the Software may terminate thirty (30) days from your receipt of the Software. Without prejudice to any other rights, Smart-X may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the Software and all of its component parts.
3. Copyright and Confidentiality.
All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by Smart-X or its suppliers. The Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material except that you may install the Software on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the Software. You shall not remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice placed by Smart-X in or on the Software and shall ensure that all such notices are reproduced on all authorized copies of the Software made by you. The Software contains confidential information and trade secrets that Smart-X states that has been developed by Smart-X through the expenditure of a great deal of time and money. You are requested to maintain and protect the confidentiality of these trade secrets and agree not to disclose them or use them for any purpose not contemplated by this Agreement.
4. Dual-Media Software. You may receive the Software in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the Software.
5. Disclaimer of Warranties. To the maximum extent permitted by applicable law, Smart-X and its suppliers provide the Software and any (if any) Services related to the Software AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the Software, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND SERVICES, IF ANY, REMAINS WITH YOU.
6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMART-X OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF SMART-X OR ANY SUPPLIER, AND EVEN IF SMART-X OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Limitation of Liability and Remedies. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Smart-X and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the Software or U.S. $5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
This Agreement is governed by the laws of state of Israel. Each of the parties hereto irrevocably consents to the jurisdiction of the courts of Israel and further agrees to commence any litigation which may arise hereunder in the courts located in Israel.
If you have a specific question regarding this Agreement, you may contact the Smart-X Technical Sales Information Person at Support@Smart-X.com and we will be happy to assist.