Oxygen SimpleUp 1.0

EULA - End User License Agreement

Oxygen SimpleUp
License Agreement and Limited Warranty

PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING OR USING THE PRODUCT. A COPY OF THIS LICENSE IS AVAILABLE FOR YOUR FUTURE REFERENCE IN THE "LICENSE.RTF" FILE PROVIDED WITH THE PRODUCT.

1. Introduction.
This agreement explains when and how you may use copies of SimpleUp.
In this agreement:
" SimpleUp" or "Product" means the program you have purchased or obtained for evaluation.
"Trial Copy" or Trial version means a copy SimpleUp distributed by us for evaluation.
"Registered Copy" or Registered version means a copy of the SimpleUp purchased or rented from us.
"we" or "us" means Oxygen Software.
"you" means the end user of SimpleUp.

2. Ownership.
The Product is proprietary to Oxygen Software. The Product is licensed, not sold, to you notwithstanding any reference herein to "purchases". You acknowledge and agree that:
Product is protected under copyright and other laws.
Oxygen Software and its licensors retain all copyrights and other intellectual property rights in the Product.
There are no implied licenses under this License, and any rights not expressly granted to you hereunder are reserved by Oxygen Software.
You acquire no ownership or other interest (other than your license rights) in or to the Product;
Oxygen Software owns all copies of the Product, however made. You agree that you will not, at any time, contest anywhere in the world Oxygen Software's ownership of the Product, nor will you challenge the validity of Oxygen Software's rights in the Product.

3. Legal Agreement.
This is a legal agreement which allows you, the end user, to use SimpleUp under certain terms and conditions. If you cannot agree to abide by the terms of this agreement you should not use SimpleUp. Oxygen Software reserves the right to change this license agreement for the future versions of SimpleUp. Oxygen Software is only willing to grant you this License if you obtained the Product from Oxygen Software or an Oxygen Software authorized reseller. If you obtained the Product from any other source you may not install or use the Product.

4. Use of SimpleUp.
Trial Version of SimpleUp may be used only on one computer for a 30 day period. After that period, you must either register SimpleUp or remove it from the computer you had installed it on.
Registered version of SimpleUp may be used on one computer only with the unlimited number of phones.
You assume full responsibility for the selection and use of SimpleUp to achieve your intended results.

5. Copying of Registered version of SimpleUp.
When you receive a Registered version SimpleUp you may make copy of SimpleUp which is necessary for normal backup purposes.
You agree not to make any other copies of the Product, or any part of the Product, or sell or give any copies to others, without our advance written permission.

6. Licensing for SimpleUp is as follows:
SimpleUp licenses are allowed for home use ONLY and can not be used for entrepreneurial activity, commercial purposes or profit earning. If you would like to obtain rights for SimpleUp use for entrepreneurial activity, commercial purposes or profit earning, you must contact Oxygen Software.
You are not entitled to publish or transfer registered program copies, report your registration data (registration keys) to the third parties. In a case of registration key publishing in any online or printed resources or license agreement irregularity, "Oxygen Software" company has a right to terminate the agreement, by blocking a users license (which makes program use impossible). In such case you must delete all product copies and its components.

7. OTHER LIMITATIONS.
You must not modify or remove any copyright notices and license agreement statements in the Product.
You may not transfer copies of the Product to third parties.
You may not decompile, disassemble or reverse engineer the Product. You also must not modify the files included in the distribution package.
You may not transfer copies of the Product to third parties.
You can transfer your registered product copy to the third party only together with all copies and registration keys. From this very moment you must delete all program copies and registration keys. You must also inform Oxygen Software by fax, e-mail or mail and send a letter with written guarantees that you do not use or store any program copies or registration keys.

8. LIMITED WARRANTY AND DISCLAIMER.
The following limited warranty applies to all (Trial, Registered etc) versions of SimpleUp.
Bugs and Program Errors. We do not promise that SimpleUp will be free of bugs or program errors. If you report a program error or bug to us, we will use our best efforts to correct it.
Hardware damages. We are not responsible for any possible damages which may occur with your mobile phone or PC during use or misuse of our software. We are also not responsible for any problems caused by original or hand-made connection cables.
Except for the limited warranty stated above, we disclaim any and all other warranties, express or implied, oral or written, including any implied warranties of merchantability or fitness for a particular purpose. Oxygen Software reserves the right to change this license agreement for the future versions of SimpleUp.

9. LIMITATION OF LIABILITY.
IN NO EVENT WILL OXYGEN SOFTWARE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR DATA, ARISING FROM OR RELATING TO THIS LICENSE OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, EVEN IF OXYGEN SOFTWARE KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OXYGEN SOFTWARE'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LICENSE OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU UNDER THIS LICENSE. THIS SECTION WILL APPLY EVEN IF AN EXCLUSIVE REMEDY HEREUNDER HAS FAILED OF ITS ESSENTIAL PURPOSE.