SENDTOPAGER - PRODUCT LICENSE INFORMATION
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 AGREEMENT.
EffTex grants you a license to use one copy of the version of
this SOFTWARE on any one hardware product for as many licenses as you purchase.
"You" means the company, entity or individual whose funds are used to pay the
license fee. "Use" means storing, loading, installing, executing or displaying
the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or
control features of the SOFTWARE except as an intended part of the SOFTWARE's
programming features. When you first obtain a copy of the SOFTWARE, you are
granted an evaluation period of not more than 30 days, after which time you
must pay for the SOFTWARE according to the terms and prices discussed in the
SOFTWARE's documentation, or you must remove the SOFTWARE from your computer.
This license is not transferable to any other hardware product or other company,
entity, or individual.
The SOFTWARE is owned and copyrighted by EffTex. Your license
confers no title or ownership in the SOFTWARE and should not be construed as
a sale of any right in the SOFTWARE.
The SOFTWARE is protected by United States 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
EffTex 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
You agree that you will not attempt to reverse compile, modify, translate, or
disassemble the SOFTWARE in whole or in part.
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 this license.
In no case may this product be bundled with hardware or other non-shareware
software without written permission from EffTex.
All distribution of SOFTWARE is further restricted with regard to sources which
also distribute virus source code and related virus construction/creation
materials. The SOFTWARE may not be made available on any site, CD-ROM, or with
any package which makes available or contains viruses, virus source code, virus
construction programs, or virus creation material.
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.
THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. EffTex 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 EffTex 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 EffTex
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 RESTRICTION.
IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE FEE PAID TO
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.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL EffTex 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 SendToPager
Software HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
EffTex LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY
OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
This agreement will not be governed by the United Nations Convention on
Contracts for the International Sale of Goods, the application of which is
This is the entire agreement between you and EffTex, which
supersedes any prior agreement or understanding, whether written or oral,
relating to the subject matter of this license.
All rights not expressly granted here are reserved to EffTex.