PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE SOFTWARE. BY INSTALLING AND USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY DESTROY ANY COPIES WHICH YOU HAVE MADE.
LICENSE
The software and any fonts accompanying this License whether on disk, CD, or on any other media (collectively the "Software") are licensed, not sold, to you. You own the media on which the Software is recorded but Smith Micro Software, Inc. (Manufacturer) and/or it's licensor(s) retain title to the Software. The Software in this package and any copies which this License authorizes you to make are subject to this License.
PERMITTED USES AND RESTRICTIONS
This License allows you to install and use the Software on a single computer at a time for a 30 day time period. This License does not allow the Software to exist on more than one computer at a time. You may make one copy of the Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as permitted by applicable law and this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, create derivative works from the Software or transmit the Software over a network. You may, however, transfer your rights under this License provided you transfer the related documentation, this License and a copy of the Software to a party who agrees to accept the terms of this License and destroy any other copies of the Software in your possession. Your rights under this License will terminate automatically without notice if you fail to comply with any term(s) of this License.
CONFIDENTIAL DISCLOSURE
This software contains trade secrets and proprietary know-how belonging to the Manufacturer and it is being made available to you in strict confidence. Any use or disclosure of this program, or its algorithms, protocols, or interfaces, other than in strict accordance with this license agreement, may be actionable as a violation of the Manufacturer’s trade secret rights.
DISCLAIMER OF WARRANTY ON SOFTWARE
You expressly acknowledge and agree that use of the Software is at your sole risk. The Software is provided "AS IS" and without warranty of any kind and the Manufacturer and any licensor(s) expressly disclaim all warranties and/or Conditions, express or implied, including, but not limited to, the implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose. The manufacturer does not warrant that the functions contained in the software will meet your requirements, or that the operation of the software will be uninterrupted or error-free, or that defects in the software will be corrected. Furthermore, the manufacturer does not warrant or make any representations regarding the use or the results of the use of the Software or related documentation in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by the manufacturer or any authorized representative shall create a warranty or in any way increase the scope of this warranty. Should the Software prove defective, you (and not the manufacturer or any authorized Representative) assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of liability
Under no circumstances, including negligence, shall the manufacturer be liable for Any incidental, special, indirect or consequential damages arising Out of or relating to this license. Some jurisdictions do not allow The limitation of incidental or consequential damages so this Limitation may not apply to you. In no event shall the manufacturer’s total Liability to you for all damages exceed the amount paid for this License to the software.
Export Law Assurances
Licensee acknowledges that none of the Software or underlying information or technology may be download or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, or under the control of, a national or resident or resident of any such country or on any such list.
Government End Users
The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. The Manufacturer is Smith Micro Software, Inc.. 51 Columbia, Aliso Viejo, CA 92656.
Controlling Law and Severability
If there is a local subsidiary of the Manufacturer in the country in which the Software License was purchased, then the local law in which the subsidiary sits shall govern this License. Otherwise, this License shall be governed by the laws of the United States and the State of California. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
Complete Agreement
This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by the Manufacturer.
