S.O.B. Caller ID Generator End user license agreement

License Agreement

This is an agreement between you and Whirlwind Software.

TERMS:

1. Distribution Parameters: You may copy and distribute verbatim copies of S.O.B. in any medium you like, so long as the accompanying description contains the phrase "S.O.B. Caller ID Generator Copyright 2006 Whirlwind Software".

1a. Curbs on undesirable Software Referral Web Sites: Notwithstanding Term 1 (Distribution Parameters), no web site may distribute or provide referral links to the Software where the website also: (i) requires users to provide personally identifying information (including email address) in order to be allowed to download the software or follow the referral; (ii) requires that authors of distributed or listed software receive newsletters, sales messages, advertising or any other kind of email that is not directly pertinent to the status of the listing; or (iii) uses, lists, distributes, or promotes any software product whose purpose could be construed as chiefly beneficial to activities that are against commonly accepted netiquette, including but not limited to bulk email software (spamware).

1b. Remedies against undesirable Software Referral Web Sites: All Software Referral Web Sites, by referring or listing the Software, execute an agreement with Whirlwind Software that the Web Site will not engage in the three activities listed in term 1a. Web Sites further agree that in the event a breach of this agreement is detected by Whirlwind Software, that a fee of $150,000 USD will be paid immediately to Whirlwind Software as minimal compensation for the damage caused to our reputation by allowing our trademark to be associated with undesirable activity. Aggressive collection action will be employed if a detected web site does not immediately remit this amount.

2. Keys are Private: You MAY NOT distribute shareware registration keys for S.O.B. Whirlwind Software reserves the right to pursue criminal prosecution against any person, persons, or business entity found distributing S.O.B. Shareware Registration Keys.

Note: Even if you decline this agreement, if you distribute registration keys you do so at risk of prosecution.

3. Keys Non-Transferable: Shareware Registration Keys may not be resold or transferred and may only be used on one computer at a time. If you need to use S.O.B. on more than one computer at a time you must purchase a Shareware Registration Key for EACH computer.

4 No Warranty: Absolutely no warranty is provided. Except when otherwise stated in writing, Whirlwind Software and/or other parties provide S.O.B. "as is" without warranty of any kind, either expressed or
implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of S.O.B. is with you. Should S.O.B. prove defective, you assume the cost of all necessary servicing, repair or correction. In no event will Whirlwind Sofwtare and/or any other party who may redistribute S.O.B. as permitted above, be liable to you for damages, including any lost profits, lost monies, or other special, incidental or consequential damages arising out of the use or inability to use (including but not limited to loss of data or data being rendered inaccurate or losses sustained by third parties or a failure of the program to operate with any other programs) S.O.B., even if you have been advised of th e possibility of such damages, or for any claim by any other party.

5. Liability for Abuse: You assume and accept full responsibility for your actions with respect to this software. This means that if you commit any act with the aid S.O.B. that results in liability against you or Whirlwind Software, you will assume the full risk of liability and will pay all costs, including legal defense, court costs, settlements, and any other related costs not mentioned here.

6. Commercial Use: If you use S.O.B. for commercial or government purposes, you agree to purchase the appropriate Shareware Registration Key for your organization type. If you do not purchase an appropriate
Shareware Registration Key and are found using S.O.B. for commercial purposes, you will be invoiced and, if necessary, collection action will be taken.

7. Non-Commercial Use: Individuals and Non-Profit groups may use S.O.B. without purchasing a Shareware Registration Key. Only individuals and Non-Profit groups may purchase a Shareware Registration Key at the individual price.

Note: Even if you decline this agreement, if you use S.O.B. for commercial purposes without purchasing the appropriate Shareware Registration Key, you may be open to liability.

INDICATION OF AGREEMENT:

By completing the installation of S.O.B. on your computer, or by listing or distributing S.O.B. on any website, you indicate your agreement to these terms and indemnify and hold harmless Whirlwind Software and its agents, servants, and principals for any and all liability arising from the use of S.O.B. on your computer.