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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.

2. OWNERSHIP.

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.

3. COPYRIGHT.

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.

4. RESTRICTIONS.

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 restrictions).

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 the SOFTWARE.

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 respective authors.

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 RESTRICTION.

IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE FEE PAID TO LEADMIND DEVELOPMENT.

6. SEVERABILITY.

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.

8. TERMINATION.

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 and documentation.

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).


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