SOFTWARE LICENSE AGREEMENT / DISCLAIMER (LICENSE AGREEMENT / DISCLAIMER)
IMPORTANT: CAREFULLY READ THE FOLLOWING
TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OF
WHICH IS LICENSED BY TOTAL WIRELESS SOLUTIONS (TWiST), TO YOU, THE ORIGINAL END
USER, FOR YOUR USE ONLY AS SET FORTH IN THIS AGREEMENT / DISCLAIMER.
YOU AGREE THAT YOUR USE OF THE
SOFTWARE CONSTITUTES ACKNOWLEDGEMENT THAT YOU HAVE READ THIS LICENSE, YOU
UNDERSTAND IT, AND YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
LICENSE TO USE:
RESTRICTIONS: DISCLAIMER / LIMITATION OF LIABILITY:
MAINTENANCE & UPDATES:
COMMENCEMENT & TERMINATION:
TWiST grants you a non-exclusive and non-transferable license for use only of
the accompanying software and documentation provided by TWiST (collectively
"Software") on any handheld or phone device or any hardware for which the
corresponding payment has been made.
You may not: (i) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or
create derivative works based upon the Software or Documentation; (ii) permit other individuals to use the Software except under the terms listed above; (iii)
copy the Software or Documentation (except for back-up or archival purposes);
(iv) rent, lease, transfer, or otherwise convey rights to the Software or
Documentation; (v) remove any proprietary notices or labels on the Software or
Documentation.
The user acknowledges and agrees with Total Wireless Solutions, its affiliated
and related companies, and their officers, directors and agents (collectively
"TWiST") that in respect of any software application developed by Total Wireless
Solutions (the "Software") that TWiST makes no warranty or condition of any
kind, either express or implied, statutory or otherwise, with respect to the Software including, but not limited to, the implied warranties or conditions of
merchantability and fitness for a particular purpose and that the user assumes the entire risk as to the use and performance of the Software. In no event shall
TWiST be liable to the user or any other person for any direct, indirect, special, consequential or incidental damages (including without limitation,
damages for loss of revenues or profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the Software, including any viruses or other problems of any nature or kind
whatsoever, all of which such risks the user voluntarily assumes. In no event will TWiST's liability to you, whether in contract, tort (including negligence),
or otherwise, exceed the amount paid by you for Software under this Agreement.
You understand that TWiST may update the Software at any time, but is under no obligation to inform you of or
furnish to you any such updates. This Agreement / Disclaimer does not grant you any right, license or interest in or to any support, maintenance, improvements,
modifications, enhancements or updates to the Software or supporting documentation. If TWiST supplies any updates to you, such updates will be
subject to the terms of this Agreement / Disclaimer unless TWiST indicates otherwise.
This Agreement / Disclaimer is effective from the first date You install the
Software. You may terminate this Agreement / Disclaimer at any time by permanently deleting, destroying, and returning, at Your own costs, the
Software, all backup copies, and all related materials provided by TWiST. Your end-user rights automatically and immediately terminate without notice from
TWiST if You fail to comply with any provision of this Agreement / Disclaimer. In such an event, You must immediately delete, destroy, or return at Your own
cost, the Software, all backup copies, and all related material to TWiST.