Product license agreement
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL
AGREEMENT. THIS LICENCE DESCRIBES THE CONDITIONS UNDER
WHICH YOU MAY USE VERSION 1.62 OF POPMESSENGER (THE "SOFTWARE").
This is a legal agreement between you and LeadMind Development.
By clicking 'Yes' or by installing and/or using the enclosed, attached, or
about-to-be-installed software you are agreeing to be bound by the terms of
this Software License Agreement.
If you do not agree to the terms of this Software License Agreement,
promptly stop the installation process, cease to use SOFTWARE, and
erase this SOFTWARE and all of its associated files from your system.
1. LICENSE GRANT.
LeadMind Development grants you a license to use one copy of the version
of this SOFTWARE on any one hardware product for as many licenses
as you purchase. "You" means the company, entity or individual
whose funds are used to pay the license fee. "Use" means storing,
loading, installing, executing or displaying the SOFTWARE. If you
install the SOFTWARE onto a multi-user platform or network, each
and every individual user of the SOFTWARE must be licensed
separately or be covered by a site license.
You may not modify the SOFTWARE or disable any licensing or
control features of the SOFTWARE except as an intended part of
the SOFTWARE's programming features. When you first obtain a copy
of the SOFTWARE, you are granted an evaluation period of not more
than 31 days, after which time you must pay for the SOFTWARE
according to the terms and prices discussed in the SOFTWARE's
documentation, or you must remove the SOFTWARE from your computer.
This license is not transferable to any other hardware product or
other company, entity, or individual. You are expected to use the
SOFTWARE on your system and to thoroughly evaluate its usefulness
and functionality before making a purchase.
This "try before you buy" approach is the ultimate guarantee that
the SOFTWARE will perform to your satisfaction.
Any use of the SOFTWARE which is illegal under international or
local law is forbidden by this license. Any such action is the sole
responsibility of the person committing the action.
The SOFTWARE is owned and copyrighted by LeadMind Development.
Your license confers no title or ownership in the SOFTWARE and
should not be construed as a sale of any right in the SOFTWARE.
The SOFTWARE is protected by copyright law and
international treaty provisions. You acknowledge that no title to
the intellectual property in the SOFTWARE is transferred to you.
You further acknowledge that title and full ownership rights to
the SOFTWARE will remain the exclusive property of LeadMind Development and
you will not acquire any rights to the SOFTWARE except as expressly
set forth in this license.
You agree that any copies of the SOFTWARE will contain the same
proprietary notices which appear on and in the SOFTWARE.
You agree that you will not attempt to reverse compile, modify,
adapt, emulate, clone, disassemble the SOFTWARE
in whole or in part, or otherwise attempt to discover the source
code of the SOFTWARE (except and solely to the extent an
applicable statute expressly and specifically prohibits such
You may not sublicense, rent, lease, resell for profit or otherwise
dispose of the SOFTWARE without our written permission. You may not
grant a security interest in, or otherwise transfer rights to the
SOFTWARE. You may not remove any proprietary notices or labels on
Usage of the SOFTWARE may violate the copyright of the modified
material. It is your responsibility to respect all legal aspects.
You don't have the right to release to public any programs which
were altered using the SOFTWARE, if not expressively granted by the
5. DISCLAIMER OF WARRANTY.
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED
ON AN "AS IS" BASIS AND YOU ASSUME FULL RESPONSIBILITY
FOR DETERMINING THE SUITABILITY OF THE PROGRAM AND FOR
RESULTS OBTAINED. LEADMIND DEVELOPMENT DISCLAIMS ALL WARRANTIES
RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FREE OF DEFECTS, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD
PARTY RIGHTS. NEITHER LEADMIND DEVELOPMENT NOR ANYONE ELSE WHO
HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR
DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING,
WITHOUT LIMITATIONS, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
DATA LOSS, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF
THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF
LEADMIND DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS
ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE
SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY
RESPECT, YOU AND NOT LEADMIND DEVELOPMENT OR ITS SUPPLIERS ASSUME
THE ENTIRE COST OF ANY SERVICE AND REPAIR.
SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU TO THE
EXTENT THAT LIABILITY IS BY LAW INCAPABLE OF EXCLUSION OR
IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE
LICENSE FEE PAID TO LEADMIND DEVELOPMENT.
In the event of invalidity of any provision of this license, the
parties agree that such invalidity shall not affect the validity of the
remaining portions of this license.
7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL LEADMIND DEVELOPMENT OR ITS SUPPLIERS BE LIABLE
TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR
INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY,
PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF LEADMIND DEVELOPMENT
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT WILL LEADMIND DEVELOPMENT'S LIABILITY FOR ANY CLAIM, WHETHER IN
CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED
THE LICENSE FEE PAID BY YOU, IF ANY. LEADMIND DEVELOPMENT SHALL HAVE
NO OBLIGATION TO YOU WITH RESPECT TO ANY CLAIM OF
INFRINGEMENT BASED UPON YOUR USE OF THE SOFTWARE IN
COMBINATION, OPERATION OR OTHERWISE WITH THE DATA OR
MATERIALS NOT SUPPLIED BY LEADMIND DEVELOPMENT.
This Agreement and the license granted hereunder will terminate
automatically if you fail to comply with the limitations described
herein. Upon termination, you must destroy all copies of the SOFTWARE
9. ENTIRE AGREEMENT.
This is the entire agreement between you and LeadMind Development which
supersedes any prior agreement or understanding, whether written or
oral, relating to the subject matter of this license.
10. RESERVED RIGHTS.
All rights not expressly granted here are reserved to LeadMind Development
and/or the respective authors (listed either in the documentation
or within the SOFTWARE).
LeadMind Development reserves the right to make exceptions to any of these
conditions, or alter these conditions, at any time. However, you
may always use these conditions instead of any altered version if
you prefer (note that this license explicitly applies only to one
version of the program; therefore, if LeadMind Development makes new
conditions in connection with a future version, you do not then have
the right to apply these conditions to that version instead).