License Agreement ("Agreement")
This license agreement governs EZ Text Messenger ("Software
Product"). By clicking the "I Accept" button below
you enter into the terms of this binding contract between you and
SEMtech Interactive LLC. If you do not agree with the terms of this
license, choose the "Decline" button below and exit the
installation of EZ Text Messenger. Installation of the Software Product
constitutes acceptance of the terms of this License Agreement.
Grant of License: Subject to the terms and conditions
of this Agreement, SEMtech Interactive hereby grants you a limited,
nonexclusive license to install and use the object code version of
the Software Product, a copy of which is provided herewith, on a single
server, single computer, single customer.
Limitations: The Software Product is licensed, not
sold, to you. You must retain all copyright and related notices of
SEMtech Interactive’s ownership and other rights in the Software Product
in the product, labeling and documentation provided. Furthermore,
you may not: (a) translate, de-compile, reverse engineer, disassemble
or otherwise decode the Software Product; (b) copy any of the Software
Product other than as reasonably required for your own personal use
of the Software Product in accordance with this Agreement; or (c)
sublicense, sell, rent, lend, transfer, post, transmit, distribute
or otherwise make the Software Product available to anyone else, except
that you may permanently transfer the Software Product and accompanying
materials provided you retain no copies and the recipient agrees to
the terms of this Agreement.
Modification Use: SEMtech Interactive grants you
a non-exclusive, limited license, subject to the modification requirements
below, to modify the Software Product. The modified Software Product
shall not be made available for sale, resale, distribution or publication
under any circumstances. SEMtech Interactive will not offer technical
support for the modified Software Product. SEMtech Interactive will
not offer upgrades for the modified Software Product.
Modification Use Requirements of Software Product:
If you exercise the modification rights described above, you agree
to: (a) only exercise the modification rights described above on the
Software Product installed on the company registered with SEMtech
Interactive for use of the Software Product; (b) limit the modified
Software Product to the same parameters (one (1) computer, one (1)
server, one (1) customer) specified in this license agreement; (c)
not use SEMtech Interactive’s name, logo, or trademarks to identify
the modified Software Product without SEMtech Interactive’s written
permission; (d) reproduce and maintain all SEMtech Interactive copyright
notices in the original Software Product on all adaptations; and (e)
indemnify, hold harmless, and defend SEMtech Interactive from and
against any claims or lawsuits, including attorney's fees, that arise
or result from use of the modified Software Product.
Miscellaneous: Wherever you axquire this software
your local law may apply
Support: SEMtech Interactive reserves the right to modify the Software
Product from time to time without obligation to notify you, or any
other person or organization of such revision or change.
Limitation of Liability: IN NO EVENT WILL SEMTECH
INTERACTIVE LLC, BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA,
LOST OPPORTUNITY OR PROFITS, COST OF COVER OR ANY SPECIAL, INCIDENTAL,
CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES ARISING FROM OR RELATING
TO THE USE OF THE SOFTWARE PRODUCT, HOWEVER CAUSED ON ANY THEORY OF
LIABILITY. THIS LIMITATION WILL APPLY EVEN IF SEMTECH INTERACTIVE
LLC HAS BEEN ADVISED OR GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGE.
THE ENTIRE RISK AS TO THE USE OF THE SOFTWARE PRODUCT IS ASSUMED BY
THE USER. .
Disclaimer of Warranty: TO THE EXTENT PERMITTED
BY APPLICABLE LAW ALL SEMECH INTERACTIVE LLC, SOFTWARE PRODUCT, INCLUDING
THE IMAGES AND/OR COMPONENTS, IS PROVIDED "AS IS" AND WITHOUT
EXPRESS OR IMPLIED WARRANTY OF ANY KIND BY EITHER SEMTECH INTERACTIVE
LLC OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION
OR DELIVERY OF SUCH SOFTWARE PRODUCT, INCLUDING BUT NOT LIMITED TO
ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS
FOR A PARTICULAR PURPOSE. NO COVENANTS, WARRANTIES OR INDEMNITIES
OF ANY KIND ARE GRANTED BY SEMTECH INTERACTIVE LLC TO THE USER.
Termination: If you do not accept the terms of this
license, you agree to destroy all copies of the Software Product in
your possession and control.
Government Rights: If used or acquired by the Government,
the Government acknowledges that (a) the Software Product constitutes
"commercial computer software" or "commercial computer
software documentation" for purposes of 48 C.F.R. 12.212 and
48 C.F.R. 227.7202-3, as applicable and (b) the Government's rights
are limited to those specifically granted to you pursuant to this
License. The contractor/manufacturer is SEMtech Interactive LLC, P.O.
Box 2827 Surf City, NC 28445.
Export Control Obligations: You will not export
or re-export any Licensed Software in violation of any law, regulation,
order or other governmental requirement (including, without limitation,
the U.S. Export Administration Act, regulations of the Department
of Commerce and other export controls of the U.S.). You shall, at
your own expense, promptly obtain and arrange for the maintenance
of all non-U.S.A. government approvals, if any, and comply with all
applicable local laws and regulations as may be necessary for performance
under this Agreement.