LICENSE AGREEMENT FOR ASPICORE SMS GATEWAY
The Number of Licenses granted by this Agreement is: 1
The Product consists of the Aspicore SMS Gateway software application and the related SQL database schema (“Product”).
The Product is protected by copyright laws and other intellectual property laws as well as international treaties. By this agreement the Product will be licensed, not sold, to the Licensee.
All title, copyright and other rights to the Product (including but not limited to the software, databases, text included in the Product) and to the accompanying material belong to the Licensor or its suppliers. Any copying or other use of the Product to any wider extent than expressly permitted by this agreement shall be prohibited. Any rights not expressly granted shall be reserved.
All computers, workstations, servers and networks that the Product is used in connection with must comply with the licensor’s specifications.
The number of licenses granted by this Agreement has been specified above.
The license shall cover the machine-readable form of the Product. The Licensee shall not reverse engineer, decompile or disassemble the Product unless, and only to the extent, expressly permitted by applicable law. The Product is licensed as whole and its components may not be separated from each other or copied or used on other computers, except the database can be installed on a separate computer. The accompanying material of the Product may not be copied.
Using the Product shall mean the viewing, browsing, interacting and other operating of the Product in accordance with and within the extent of the Product’s normal and designed functions. All other use of the Product shall be prohibited.
The Product may be installed and used on the licensed number of computers only. Only the licensed number of the Product may be running simultaneously. Only the licensed number of GSM phones or GSM modems may be connected to the Product.
If the Licensee fails to comply with any of the terms of this Agreement, the Licensor shall have the right to terminate the Agreement and the license immediately. On termination the Licensee must, at the Licensor’s option, either return all material and copies thereof to the Licensor or destroy them.
The Product is provided "as is" without warranty of any kind, either express or implied, including any warranty of quality, merchantability, or fitness for a particular purpose. Licensor does not warrant that the Product will meet your requirements, or that it will operate uninterrupted or error-free.
THE LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE LICENSOR’S ENTIRE LIABILITY AND THE LICENSEE’S SOLE AND EXCLUSIVE REMEDY SHALL, AT THE LICENSOR’S OPTION BE EITHER (1) RETURN OF THE PRICE OF THE PRODUCT OR (2) REPLACEMENT OF THE PRODUCT OR MEDIA, WHICH FAILS TO COMPLY WITH THE LIMITED WARRANTY OF THIS AGREEMENT.
THE LICENSOR SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PEDUNIARY LOSS) ARISING OUT OF THE USE OR THE INABILITY TO USE THE PRODUCT. IN ANY CASE THE LICENSOR’S ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE PRICE OF THE PRODUCT. IF THIS AGREEMENT IS TO BE GOVERNED BY A JURISDICTION THAT DOES NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY, THE LIABILITY OF THE LICENSOR SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
The Product includes components that have been licensed from a U.S. based supplier of the Licensor. Due to the export restrictions in force in the U.S. the Licensee represents and warrants not to export or re-export the Product to any country, person, entity or end-user subject to U.S. export restrictions. The Licensee specifically agrees not to export or re-export the Product (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Product back to such country; (ii) to any end-user who the Licensee knows or has reason to know will utilize the Product in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any end-user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government.
The Licensor may publish updates and upgrades to the Product. Any updates and upgrades are subject to additional license agreements. This Agreement shall not give the Licensee the right to obtain updates or upgrades.
The Licensor may, at its own discretion, provide technical support by email. Any questions or inquiries concerning the Product should be directed to support@aspicore.com. The Licensor shall not be obliged to answer any inquiries or to provide any other kind of support.
The Licensee may not transfer or assign this Agreement either partially or as a whole. The Licensee may not resell, rent, lease, lend or otherwise distribute the Product. This Agreement shall be governed under the laws of Finland. Any disputes arising out of this Agreement shall be settled under the exclusive jurisdiction of the court of Helsinki.