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END USER LICENSE AGREEMENT
This End-User License Agreement is a legal agreement between you, the User, an individual or an individual acting on behalf of your business or employer, a corporation, partnership, or other legal entity, and Brandel Communications, Incorporated (Brandel), a Florida corporation which developed, produced and owns this software product (Brandel Software).
Your installation or use of this Brandel Software shall be deemed your acceptance to be bound by all the terms and conditions of this Agreement. If you do not fully agree with all the terms and conditions of this Agreement, please refrain from installing or using this Brandel Software or accessing and using any of the services included in the official website of this software product.
Brandel hereby grants User a license, on an AS-IS, WHERE-IS basis, for purely private personal use and with no right to sublicense, to install and use this Brandel Software in accordance with the terms and conditions of this Agreement. User acknowledges and agrees that the license is being granted without consideration other than User's faithful compliance with such terms and conditions. Any use of this software in violation of or not in strict compliance with such terms and conditions shall constitute the automatic termination of the license and the Agreement, and shall equally constitute a bar to User's access and use of the official website of this software product. In addition, Brandel may exercise any and all rights and remedies it may have. Upon such termination, User shall destroy any and all copies of this Brandel Software.
This Brandel Software, along with any and all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components, are the exclusive intellectual property of Brandel and are protected under intellectual property laws and treaties. Generally, User may not exercise any ownership rights over this software, any and all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components and may not exercise any rights over the same other than as specifically granted by this Agreement or the Associated Licensing and Marketing Agreement issued by Brandel.
Specifically, User may not use in an unintended manner, copy, distribute, reverse engineer, decompile or disassemble this Brandel Software, any and all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components. Any monetary consideration you paid to an authorized distributor of this Brandel Software pays for your individual license to use this software. It does not give you ownership of this software product. You do not own this program; it is only being licensed to you to use the application for your personal needs. No refunds shall be given for discontinued use, unused credits for any prepaid services, or any shipping and handling fee.
Brandel recommends that the User strictly comply with any and all governmental laws pertaining to the sending of commercial messages via the Internet and telephonic devices. Brandel expressly forbids User from using this Brandel Software to deliver unsolicited commercial messages to personal computers and mobile devices via any Internet-based communications system. User may not promote or refer to this Brandel Software or its distributors when using any form of unsolicited commercial messages.
Brandel reserves the right to modify, add, or remove any and all services and features of this Brandel Software or any component thereof. The User is responsible for providing any and all equipment, software, Internet connection and services needed to properly use this software product in order to benefit from its functionality. User grants Brandel permission to send notices and commercial messages relevant to this product and other mobile and mobile marketing products and services related to this software product. Brandel may modify this Agreement at any time, and such modifications shall be effective immediately upon posting or other method of notification to User, of which notice may be provided on the official website of
this software product.
User shall not sell, transfer or assign this Agreement without the prior written consent of Brandel, and that any unauthorized transfer or assignment of this Agreement shall be null and void and that any such assignment shall not relieve the User of its obligations under this Agreement.
User agrees that it shall indemnify, defend and hold harmless Brandel and its officers, directors, employees, agents and shareholders from and against any costs, expenses, including, among other expenses, attorneys' fees and expenses, losses, damages, specifically excluding consequential, exemplary, special, indirect or punitive damages, suits, claims, or liabilities incurred and arising from or relating to User's use of this software product.
BRANDEL DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING,
WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE FOR THE APPLICATIONS TO BE PROVIDED BY THIS BRANDEL SOFTWARE
UNDER THIS AGREEMENT. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BRANDEL OR
ANYONE ELSE INVOLVED IN ADMINISTERING, DISTRIBUTING THIS PRODUCT OR ANY SERVICES
PROVIDED IN CONNECTION THEREWITH, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES OR LOST
PROFITS, OR DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS PRODUCT,
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL ERRORS, DEFECTS, VIRUSES,
DELAYS IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, THEFT, DESTRUCTION OR
UNAUTHORIZED ACCESS TO DATABASE RECORDS, PROGRAMS OR SERVICES, EVEN IF BRANDEL HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. IN STATES THAT DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
BRANDEL'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO
EVENT SHALL BRANDEL'S LIABILITY TO USER EXCEED THE MAXIMUM WHOLESALE AMOUNT BRANDEL
CHARGES FOR A SINGLE-USER LICENSE OF THIS BRANDEL SOFTWARE.
Interpretation and enforcement of this Agreement shall be governed by the laws of the State of Florida. User consents to jurisdiction in the federal and state courts within Broward County, Florida for any action arising out of or relating to User's use of this software product. The federal and state courts of Broward County, Florida shall have exclusive jurisdiction over all such actions. If any provision of this Agreement or the incorporated Website Use Policy shall be held invalid or unenforceable in whole or in part for any reason, such provision shall be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability of any of the remaining provisions of this Agreement.
Any failure by Brandel to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The parties acknowledge that this Agreement and any modifications thereto, constitute the complete agreement regarding this subject, and supersedes any prior oral or written communications relating to this subject.
BRANDEL COMMUNICATIONS, INC.
5309 W. Broward Blvd., #265 Plantation, FL 33317 USA
Sales: (954)583-9000 • Fax: (954)583-8358
Copyright 2007 • All Rights Reserved.
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