DeskAlerts 3.3.1

EULA - End User License Agreement

DESKALERTS SOFTWARE STANDARD LICENSE END USER LICENSE AGREEMENT.

IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND SOFTOMATE LLC. BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE PLEASE READ THE AGREEMENT BELOW. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN SELECT THE "CANCEL" BUTTON, DO NOT INSTALL THE SOFTWARE AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.

1.0 Definitions
1.1 "Software" means the DeskAlerts software program also include documentation, associated media, printed materials, and online and electronic documentation.

2.0 LICENSE GRANT
2.1 SOFTOMATE hereby grants you a non-exclusive license to create and distribute DeskAlerts Object Code created by the Software and to authorize third parties use such Object Code.
2.2 License allows you to make one DeskAlerts for a website(s) owned by you or your company with an limited distribution right.
2.3 You can install the Software onto a hard disk or other storage device and use the Software on a single computer;
2.4 You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer.
2.5 HOME USE. The primary user of each computer on which the Software is installed may also install the Software on one home computer. However, the Software may not be used on the home computer at the same time the Software on the primary computer or on the laptop is being used.
2.6 LAPTOP USE. The primary user of each computer on which the Software is installed may also install the Software on laptop. However, the Software may not be used on the laptop at the same time the Software on the primary or on the home computer is being used.
3.0. LICENSE RESTRICTIONS
3.1 You may not create DeskAlerts for other companies. You may not resell the DeskAlerts created.
3.2 Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
3.3 You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
3.4 You may not rent, lease, or sublicense the Software.
3.5 You may permanently transfer all of your rights under this EULA only as part of transfer, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and the serial numbers), and the recipient agrees to the terms of this EULA.
3.6 You may not modify the Software or create derivative works based upon the Software.

4.0 REPRESENTATIONS AND WARRANTIES
4.1 THE SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS. SOFTOMATE HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOFTOMATE DOES NOT WARRANT THAT THE USE OR OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. LICENSEE IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE SOFTWARE. LICENSEE ASSUMES ALL RISKS ASSOCIATED WITH USE OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO OR LOSS OF DATA, PROGRAMS OR EQUIPMENT AND UNAVAILABILITY OR INTERRUPTION OF OPERATIONS.
5.0 LIMITATION OF LIABILITY AND INDEMNIFICATION
5.1 SOFTOMATE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY LOST REVENUE, LOST PROFITS, LOST SAVINGS OR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES UNDER THIS AGREEMENT EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. SOFTOMATE SHALL NOT BE LIABLE FOR THE LOSS OF, OR DAMAGE TO, LICENSEE'S RECORDS OR DATA OR ANY DAMAGES CLAIMED BY LICENSEE BASED ON A THIRD PARTY CLAIM.
5.2 Licensee shall, at its expense, defend, indemnify and hold SOFTOMATE and its affiliates harmless from and against any and all claims arising out of or in connection with Licensee's use of the DeskAlerts.
6. UPGRADES
6.1 If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of this copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity.
7. OWNERSHIP
7.1 The license gives you limited license to use the Software. SOFTOMATE retain all right, title and interest, including all copyrights, in and to the Software and all copies thereof.

SOFTOMATE
Licensing Department
104 6th Street, Unit B
Lynden, Washington 98264
USA
email: license@softomate.com
fax: +1-801-4578820.