SMS Deliverer Ultimate 1.0

EULA - End User License Agreement

1. SOFTWARE LICENCE AGREEMENT

This License is a legal agreement between you and FLY Software Limited, a china based Company for the software product SMS Deliverer ("software").

By proceeding to download or install this software, and in consideration of your use of the software, you are deemed to agree to be bound by the terms of this License.

FLY Software permits you to use the software only in accordance with the terms of this License and your rights under this License will terminate automatically without notice if you fail to comply with the terms of this License. Should your rights under this License terminate for any reason you must immediately cease all further use of the software and destroy all copies of it.

2. WARRANTY DISCLAIMER
THIS SOFTWARE IS DELIVERED TO YOU 'AS IS' AND WITH ALL FAULTS. FLY SOFTWARE DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THIS SOFTWARE. EXCEPT TO THE EXTENT THAT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT BE EXCLUDED OR LIMITED BY LAW, WE MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR OTHER TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PURPOSE. THE PROVISIONS OF THIS SECTION 2 SHALL SURVIVE THE TERMINATION OF THIS LICENCE HOWSOEVER CAUSED. FLY SOFTWARE IS NOT REPONSIBLE FOR ANY ILLEGAL ACTIVITY YOU DO USING THIS SOFTWARE. SMS DELIVERER SOFTWARE SHOULD NOT BE USED TO SEND SPAM SMS, ABUSIVE SMS AND UNSOLICITED SMS. IT SHOULD BE USED TO SEND SMS TO YOUR CONTACTS ONLY.

3. SOFTWARE LICENCE

In consideration of your agreeing to abide by the terms of this License and subject to your compliance with the terms of this License, FLY Software grants you a non-exclusive, non-transferable license to use the software in the following manner and for the following purposes:

- You may NOT resell, charge for, sub-license, rent, lease, loan or distribute the software without our prior written consent. We reserve the right to withdraw any such consent (or part thereof) for any reason and without notice and to demand that you immediately cease any activity in respect of which permission is withdrawn.

- You may NOT repackage, translate, adapt, vary, modify, alter, create derivative works based upon, or integrate any other computer programs with, the software in whole or in part.

- You may not use the software to engage in or allow others to engage in any illegal activity.

- You may NOT transfer or assign your rights or obligation under this License to any person or authorize all or any part of the software to be copied on to another user's computer.

- You may NOT decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the software except to the extent that you may be expressly permitted to reverse engineer or decompile under applicable law.

4. INTELLECTUAL PROPERTY RIGHTS

The software is intellectual property of FLY Software and is protected by law. You acknowledge that all intellectual property rights in the software anywhere in the world belong to FLY Software, that rights in the software are licensed (not sold) to you, and that you have no rights in, or to, the software other than the right to use them in accordance with the terms of this License. This is except to the extent that the software includes identifiable separate components originating from the Yahoo! Toolbar

5. LIMITATION OF LIABILITY

IN NO CIRCUMSTANCES WILL FLY Software BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SAVINGS, LOST INFORMATION, LOSS OF DATA NOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES. THE FOREGOING LIMITATIONS AND EXCLUSION APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. Nothing in this License limits FLY Software's liability to you in the event of death or personal injury resulting from our negligence or for fraud. The provisions of this section 5 shall survive the termination of this License howsoever caused.

6. LAW AND JURISDICTION

This License and any dispute or claim arising out of or in connection with it or its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Indian law and submitted to the non-exclusive jurisdiction of the Indian courts.

7. GENERAL

- If any part of this License is found to be void and unenforceable it will not affect the validity of the remainder of this License, which shall remain valid and enforceable according to its terms.

- This License may only be varied in writing and signed by an authorized representative of FLY Software.

- Updates may be licensed to you by FLY Software with additional or different terms but FLY Software has no obligation to provide any updates.

- This License is the entire agreement between you and us and supersedes any prior representations, undertakings or advertising relating to the software and you acknowledge that in entering into this License you have not relied on any statement, representation, advertising, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this License.

- FLY Software is entitled to transfer or assign any of its rights or obligations under the License.