1. SOFTWARE LICENCE AGREEMENT
By opening this package or using this software, you are agreeing to be bound by the terms of this agreement. Do not use this software until you have carefully read and agree to the following
terms and conditions. If you do not agree to the terms of this agreement,promptly return the software to the place that you obtained it for a refund.If you open this package or use this software, you are bound to the terms of this agreement..
2. WARRANTY DISCLAIMER
THIS SOFTWARE IS DELIVERED TO YOU 'AS IS'
AND WITH ALL FAULTS. TJY SOFTWARE DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU
MAY OBTAIN BY USING THIS SOFTWARE. EXCEPT TO THE EXTENT THAT ANY WARRANTY,
CONDITION, REPRESENTATION OR TERM CANNOT BE EXCLUDED OR LIMITED BY LAW, WE MAKE
NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR OTHER TERMS (EXPRESS OR IMPLIED
WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER
INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS,
SATISFACTORY QUALITY AND FITNESS FOR PURPOSE. THE PROVISIONS OF THIS SECTION 2
SHALL SURVIVE THE TERMINATION OF THIS LICENCE HOWSOEVER CAUSED. TJY SOFTWARE IS
NOT REPONSIBLE FOR ANY ILLEGAL ACTIVITY YOU DO USING THIS SOFTWARE. SMS
DELIVERER SOFTWARE SHOULD NOT BE USED TO SEND SPAM SMS, ABUSIVE SMS AND
UNSOLICITED SMS. IT SHOULD BE USED TO SEND SMS TO YOUR CONTACTS ONLY.
3. SOFTWARE LICENCE
In consideration of your agreeing to abide by the terms of this License and subject to your compliance with the terms of this License, TJY Software grants you a non-exclusive, non-transferable license
to use the software in the following manner and for the following purposes:
- You may NOT resell, charge for sub-license, rent, lease, loan or distribute the software without our prior written consent. We reserve the right to withdraw any such consent (or part thereof) for any reason and without notice and to demand that you immediately cease any activity in respect of which permission is withdrawn.
- You may NOT repackage, translate, adapt, vary, modify, alter, create derivative works based upon, or integrate any other computer programs with, the software in whole or in part.
- You may not use the software to engage in or allow others to engage in any illegal activity.
- You may NOT transfer or assign your rights or obligation under this License to any person or authorize all or any part of the software to be copied on to another user's computer.
- You may NOT decompile, disassemble,reverse engineer or otherwise attempt to discover the source code of the software except to the extent that you may be expressly permitted to reverse engineer or decompile under applicable law.
4. INTELLECTUAL PROPERTY RIGHTS
The software is intellectual property of TJY Software and is protected by law.
You acknowledge that all intellectual property rights in the software anywhere in the world belong to TJY Software, that rights in the software are licensed (not sold) to you, and that you have no rights in, or to, the software other than the right to use them in accordance with the terms of this License. This
is except to the extent that the software includes identifiable separate components originating from the Yahoo! Toolbar
5. LIMITATION OF LIABILITY
IN NO CIRCUMSTANCES WILL TJY Software BE
LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER (WHETHER IN CONTRACT,
TORT, NEGLIGENCE OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS,
LOST SAVINGS, LOST INFORMATION, LOSS OF DATA NOR ANY CONSEQUENTIAL, INDIRECT,
INCIDENTAL DAMAGES. THE FOREGOING LIMITATIONS AND EXCLUSION APPLY TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. Nothing in this License limits TJY Software's liability to you in the event of death or personal injury resulting from our negligence or for fraud. The provisions of this section 5 shall survive the termination of this License howsoever caused.
6. LAW AND JURISDICTION
This License and any dispute or claim arising out of or in connection with it or its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Indian law and submitted to the non-exclusive jurisdiction of the Indian courts.
7. GENERAL
- If any part of this License is found to be void and unenforceable it will not affect the validity of the remainder of this License, which shall remain valid and enforceable according to its terms.
- This License may only be varied in writing and signed by an authorized representative of TJY Software.
- Updates may be licensed to you by TJY Software with additional or different terms but TJY Software has no obligation to provide any updates.
- This License is the entire agreement between you and us and supersedes any prior representations, undertakings or advertising relating to the software and you acknowledge that in entering into
this License you have not relied on any statement, representation, advertising, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this License.
- TJY Software is entitled to transfer or assign any of its rights or obligations under the License.