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Public.Class Limited Software Agreement
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT INSTALL (OR DOWNLOAD) THE SOFTWARE AND DESTROY THIS PACKAGE WITHIN 30 DAYS.
You (an entity or a person) may use the following Public.Class software products (individually and collectively, "the Software"), in the quantity purchased, if you meet the following conditions. In addition you may make one (1) archival copy of the Software.
smsPULSE for Domino is licensed on a per server basis. smsPULSE requires that a licensed copy of Lotus Domino or Lotus Notes is installed on the smsPULSE computer.
You may not use the software to process text messages on behalf of another company, or if the Domino Domain is different to the one licensed. Additional Domino domains may be added under license but must still serve the same company.
smsPULSE - all server editions
You must acquire one copy of the Program for each "Server" from which the Program will be installed. A "Server" is defined as a central processing unit ("CPU"), or group of CPUs, that accesses its or their own individual non-cache Random Access Memory ("RAM"), whether or not the CPU or group of CPUs are used in a clustered environment. The software may only be installed on a server in the country in which it was purchased.
smsPULSE for Window, smsPULSE for Domino
The basic smsPULSE server offers outbound SMS only over the HTTPS protocol.
smsPULSE MM for Windows,smsPULSE MM for Domino
The MM version of the smsPULSE server is available as an optional extra to the standard smsPULSE server. It allows for multiple GSM devices to be attached to the server and work in conjunction or as an alternative to the HTTPS protocol. Each additional GSM line is charged separately on a sliding scale.
smsPULSE MM Extended
You may acquire a server license which supports multiple Domino Domains priced per domain on a sliding scale. This server extends the smsPULSE MM for Domino server.
Except as expressly provided in Section 1, you may not alter, merge, modify or adapt the Software in any way including reverse engineering, disassembling or decompiling. You may not sell, distribute, loan, rent, lease, license or otherwise transfer the Software or any copy; except, you may permanently transfer the Software (including all prior versions) provided you transfer the Software Agreement and all documentation and media and you do not retain any copies. If the Software is demonstration and evaluation ("D&E") software, you may not transfer the Software for commercial purposes. If you are using the Software in any country in the European Community, the prohibition against altering, merging, modifying or adapting the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs. If you seek interface information within the meaning of Article 6.1.b of that Directive, you should initially approach Public.Class.
3. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Software and user documentation are owned by Public.Class or its suppliers and are protected by applicable intellectual property laws (including patent, trademark and copyright laws) and international treaty provisions. Public.Class retains all rights not expressly granted.
4. LIMITED WARRANTY
For ninety (90) days from your date of purchase, Public.Class warrants that:
(i) the Software will substantially conform to the applicable user documentation and (ii) that the magnetic media on which the Software is distributed and the user documentation (if any) are free from defects in materials and workmanship. Public.Class will, at its option, refund the amount you paid for the Software or provide you with corrected items at no charge provided that the defective item(s) is returned to Public.Class within ninety (90) days from the date of purchase. Any misuse or unauthorised modification of the Software will void this limited warranty.
Except as specifically provided herein, Public.Class makes no warranty, representation, promise or guarantee, either express or implied, statutory or otherwise, with respect to the Software, user documentation or related technical support, including their quality, performance, SMS delivery, merchantability or fitness for a particular purpose.
The warranty and remedies set forth herein are exclusive and in lieu of all others, oral or written, express or implied. This warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.
5. LIMITATION OF LIABILITY
Because software is inherently complex and may not be completely free of errors, it is your responsibility to verify your work and to make backup copies. In no event will Public.Class or any of its licensors be liable for indirect, special, incidental, tort, economic, cover or consequential damages arising out of the use of or inability to use Public.Class (or any of its licensors') products or services, including, without limitation, damages or costs relating to the loss of profits, business, goodwill, data or computer programs, even if advised of the possibility of such damages. In no case shall Public.Class or any its licensors' liability exceed the amount paid by you for the Software out of which such claim arose. This limitation on monetary damages will not apply to claims relating to death or personal injury which arise out of products deemed to be consumer goods under applicable law. Some states, provinces and other jurisdictions do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above exclusion or limitation may not apply to you. However, in appropriate jurisdictions, Public.Class limits its liability, according to the terms of this Agreement, to the extent permissible at law.
Additional terms applicable only in Australia. Nothing in this Agreement operates to exclude, restrict or modify the application of any of the provisions of the Trade Practices Act 1974 or any equivalent state or territory legislation, the exercise of a right conferred by such a provision, or any liability of Public.Class for a breach of a condition or warranty (including but not limited to a condition or warranty in relation to goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption) implied by such a provision. To the extent that it is able to do so, Public.Class expressly limits its liability for any breach of a condition or warranty under this Agreement or implied by virtue of any legislation to one of the following, the choice of which is to be at Public.Class's sole discretion: (i) the replacement of the Software or the supply of equivalent software; or (ii) the payment of the cost of replacing the Software or of acquiring equivalent software.
6. U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and/or user documentation are provided with RESTRICTED AND LIMITED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-14 (June 1987) Alternate III(g)(3) (June 1987), FAR 52.227-19 (June 1987), or DFARS 52.227-7013 (c)(1)(ii) (June 1988), as applicable.
7. LICENSING AND MAINTENANCE
smsPULSE licensing is based on a per server model, with variations based on the number of users, size of GSM arrays, and domains served by the servers. The following rules apply: