M.W. SMS Sender End user license agreement
M.W. SMS Sender 1.0 freeware
Copyright c 2005, The MOBI Web.
All rights reserved.
NOTICE TO USERS: 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
1. LICENSE GRANT. The MOBI Web grants you a license
to use this SOFTWARE free of charge on any hardware product during any period
of time. "You" means the company, entity or individual. "Use" means storing,
loading, installing, executing or displaying the SOFTWARE.
Permission to distribute the SOFTWARE is not transferable, assignable,
saleable, or franchisable. Each entity wishing to distribute the package
must independently satisfy the terms of the distribution license.
2. OWNERSHIP. The SOFTWARE is owned and copyrighted by The MOBI Web. Your license
confers no title or ownership in the SOFTWARE and should not be construed as
a sale of any right in the SOFTWARE.
3. COPYRIGHT. The SOFTWARE is protected by United states, French and UK 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 The MOBI Web 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.
4. REVERSE ENGINEERING. You agree that you will not attempt to reverse
compile, modify, translate, or disassemble the SOFTWARE in whole or in
5. UNAUTHORIZED USE. You may not use, copy, rent, lease, sell, modify,
decompile, disassemble, otherwise reverse engineer, or transfer the
SOFTWARE except as provided in this agreement. Any such
unauthorized use shall result in immediate and automatic termination of
6. NO OTHER WARRANTIES. The MOBI Web DOES NOT WARRANT THAT
THE SOFTWARE IS ERROR FREE. The MOBI Web 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
7. LIMITED WARRANTY. THIS SOFTWARE IS PROVIDED ON AN "AS IS"
BASIS. ABETECH DISCLAIMS ALL WARRANTIES RELATING TO THIS
SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. NEITHER The MOBI Web NOR
ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION,
OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE
OR INABILITY TO USE SUCH SOFTWARE, EVEN IF The MOBI Web HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.
THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE
QUALITY AND PERFORMANCE OF THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU TO THE
EXTENT THAT LIABILITY IS BY LAW INCAPABLE OF EXCLUSION OR
8. 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.
9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT
SHALL The MOBI Web 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 The MOBI Web
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT WILL The MOBI Web'S LIABILITY FOR ANY CLAIM,
WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF
LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
12. ENTIRE AGREEMENT. This is the entire agreement between you and
The MOBI Web which supersedes any prior agreement or understanding,
whether written or oral, relating to the subject matter of this license.
13. RESERVED RIGHTS. All rights not expressly granted here are reserved
to The MOBI Web.