 1.
General This
End-User License Agreement ("EULA") is a legal agreement between you
and Agilemobile.com Limited (hereafter referred to as "AGILE") for the software products purchased through
our company or one of our affiliates, which may include computer software and
associated media, electronic documentation and printed materials ("The
Software"). By installing, copying, distributing or otherwise using The Software
you agree to be bound by the terms of this EULA. If you do not agree to the
terms of this EULA you must not install, use or distribute The Software, and
you must destroy all copies of The Software that you have. Even if The Software
was purchased by you and you have not installed, copied or otherwise used The
Software, you may not return it to AGILE or its affiliates for any refund. The
Software is protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties. The Software is
licensed, not sold and always remains the property of AGILE. 2.
Licensing If
you have not paid the registration fee for The Software, you may be granted an
evaluation license to use The Software as described in Sections 1, 2.1 and
Sections 3 - 10 below. If
you have paid the registration fee for The Software, you are hereby granted a
license to use The Software as described in Sections 1, 2.2 and Sections 3 - 10
below. 2.1.
Evaluation License You
may: Subject
to the terms of this EULA, use The Software for evaluation purposes without
charge for a period of seven (7) days only ("Evaluation Period"). The
Evaluation Period commences when you first install or use The Software, and
expires exactly seven (7) days later. You
may not: Use
The Software after the Evaluation Period has expired without payment of the
registration fee to AGILE. Use
of The Software after the Evaluation Period has expired requires payment of a
registration fee to AGILE. For more information about payment methods, please
contact AGILE. Use
of The Software after the Evaluation Period has expired is in violation of this
EULA, and US and international copyright laws. 2.2.
Registered License You
may: Subject
to the terms of this EULA, use one copy of The Software per SIM card. You
may not: Disclose
to third parties, or publish your registration details via electronic or other
means. 3.
Restrictions You
may not reverse engineer, decompile, or disassemble The Software, except and
only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation. You
may not rent, lease, or lend The Software except as described in Section 7
below. 4.
Termination Without
prejudice to any other rights, AGILE may terminate this EULA if you fail to
comply with the terms and conditions of this EULA. In such event, you must
destroy all copies of The Software. 5.
Copyright All
title, including but not limited to copyrights, in and to The Software and any
copies thereof are owned by AGILE. All title and intellectual property rights
in and to the content which may be accessed through use of The Software is the
property of the respective content owner and may be protected by applicable
copyright or other intellectual property laws and treaties. This EULA grants
you no rights to use such content. All rights not expressly granted are reserved
by AGILE. 6.
Limited Warranty TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AGILE DISCLAIMS ALL WARRANTIES
AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR
FAILURE TO PROVIDE SUPPORT SERVICES. AGILE DOES NOT WARRANT THAT THE SOFTWARE
WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE. 7.
Limitations of Remedies and Liability TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AGILEBE
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF AGILE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, AGILE'S ENTIRE
LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF
THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR $5.00 US. BECAUSE
SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 8.
Distribution You
are hereby licensed to make as many copies of the installation package for The
Software as you wish; give exact copies of the original installation package
for The Software to anyone; and distribute the original installation package
for The Software in its unmodified form via electronic or other means. The
Software must be clearly identified as an evaluation version where described. You
are specifically prohibited from charging, or requesting donations, for any
such copies, however made; and from distributing The Software including
documentation with other products (commercial or otherwise) without prior
written permission from AGILE. You are also prohibited from distributing
components of The Software other than the complete original installation
package. 9.
Sales Sales,
once transacted, are in all cases final.�
There shall in no case be cause for refund, except at the specific
discretion of AGILE. 10.
Jurisdiction This
EULA shall be governed by the laws of |