END-USER LICENSE AGREEMENT -- READ BEFORE INSTALLING THE WAPman:
The End-User License Agreement (EULA) is a legal agreement between the Client and The EdgeMatrix Pte Ltd (the Company) for the software product identified as WAPman (the Software). By executing this EULA you agree to be bound by its terms and conditions:
Proprietary Protection and Restrictions.
(a) The Company is the sole and exclusive owner of all right, title, and interest in and to the Software and to all modifications and enhancements thereof (including ownership of all trade secrets and copyrights pertaining thereto), subject only to the rights and privileges expressly granted to you herein by The Company. This Agreement does not provide you with title or ownership of the Software, but only a right of limited use. You must keep the Software free and clear of all claims, liens, and encumbrances and you may not rent, lease, lend reproduce, resell, deal in or otherwise transfer or dispose of the Software.
(b) You may not use, copy, modify, or distribute the Software (electronically or otherwise), or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized herein by The Company. You may not reverse assemble, reverse compile, or otherwise translate the Software. Your rights may not be transferred, leased, assigned, or sublicensed except for a transfer of the Software in its entirety to (1) sub-licensee per program or to a successor in interest of your entire business who assumes the obligations of this Agreement or (2) any other party who is reasonably acceptable to The Company, enters into a substitute version of this Agreement, and pays an administrative fee intended to cover attendant costs. No service bureau work, multiple-user license, or time-sharing arrangement is permitted, except as expressly authorized by The Company. If you use, copy, or modify the Software or if you transfer possession of any copy, adaptation, transcription, or merged portion of the Software to any other party in any way not expressly authorized by The Company herein, your license is automatically terminated.
(c) You acknowledge that, in the event of your breach of any of the foregoing provisions, The Company will not have an adequate remedy in money or damages. The Company shall therefore be entitled to obtain an injunction against such breach from any court of competent Jurisdiction immediately upon request. The Company's right to obtain injunctive relief shall not limit its right to seek further remedies.
(d) If a third party claims that the Software infringes its patent, copyright, or trade secret, or any similar intellectual property right, The Company will defend you against that claim at The Company's expense and pay all damages that a court finally awards, provided that you promptly notify The Company in writing of the claim, and allow The Company to control, and cooperate with The Company in the defense or any related settlement negotiations. If such a claim is made or appears possible, you agree to permit The Company to enable you to continue to use the Software, or to modify or replace them. If The Company determines that none of these alternatives is reasonably available, you agree to return the Software on The Company's written request, and you will then receive a full refund of all monies paid towards the programÆs licensing fee and maintenance fee, if any. However, the Company has no obligation for any claim based on your modification of the Software or its combination, operation, or use with any product, data, or apparatus not specified or provided by the Company, provided that such claim solely and necessarily is based on such combination, operation, or use and such claim would be avoided by combination, operation, or use with products, data, or apparatus specified or provided by the Company. THIS PARAGRAPH STATES THE COMPANY'S ENTIRE OBLIGATION TO YOU WITH RESPECT TO ANY CLAIM OF INFRINGEMENT.
(e) All upgrades to the Software are subject to the terms hereof.
(f) The Software is licensed as a single product and its component parts may not be separated for use on any other hardware unit unless prior written consent is first obtained from the Company.
