/client

SMSC Client Library END USER LICENSE AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU START USING THIS PROGRAM IN ANY WAY. THE MOMENT THE SOFTWARE IS INSTALLED THE USER CONCLUDES A LICENSE AGREEMENT WITH THE PRODUCER. PROVISIONS OF THIS AGREEMENT ARE BINDING FOR BOTH PARTIES.

This License Agreement specifies the User's rights to use the Computer Program.

The Program as well as the materials provided together with it are protected by Polish Copyright Law and international treaty provisions. The Producer owns full copyright to the Program, and any person who infringes the copyright will be liable to civil and criminal proceedings. Under this License Agreement the Producer does not sell the Program to the User. The Producer only empowers the User to perform the operations defined in the provisions of this Agreement. Performing operations not defined in the provisions of this Agreement requires written permission of the Producer.

The powers of the User arising from this License Agreement become extinct if the User breaks any of its provisions. In such case the Producer will assert their rights specified by respective regulations within the largest scope possible.

The License Agreement consists of three parts. The first part describes rights and duties of the User of evaluation version of the Program. The second part describes how the User can purchase full version of the Program. The third part describes rights and duties of the User of the full version of then Program.

PART ONE: RIGHTS AND DUTIES OF THE USER OF THE EVALUATION VERSION.

The Producer permits the User to use the Program on unlimited number of computers. The User is also allowed to make backup copies of the Program. The User is not allowed to sell, let, rent nor lease these copies to third parties. The User may give the copies gratuitously if they ensure that the receiving party accepts the terms and conditions of this Agreement.

The User IS NOT ALLOWED:

  • to decompile the Program or to modify it,
  • to copy the printed materials provided together with the Program,
  • to create any software similar to or based on the Program,
  • to remove or change any trademarks or information about the Producer included in the Program and in the materials provided together with it.

The Producer does not warrant that the Program will meet the expectations of the User and that it will properly cooperate with other programs. The Producer does not warrant either that the Program will function without errors. If the User intends to use the Program for any particular purpose, they accept full risk of the results they may obtain.

THE PRODUCER ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES RESULTING FROM THE USE OR FROM IMPOSSIBILITY TO USE THE PROGRAM. THIS PROVISION CONCERNS IN PARTICULAR LOSS AND LOST PROFITS CONNECTED TO ANY ENTERPRISE AND LOSS OR DISTORTIONS OF TRADE REFERENCE.

PART TWO: HOW THE USER CAN ACQUIRE THE RIGHT TO USE THE FULL VERSION

The User of the evaluation version can acquire the right to use the full version by contacting the TOPS company and by acquiring appropriate rights (these rights include in particular acquiring the serial number, which enables unrestricted use of the library).

PART THREE: THE RIGHTS AND DUTIES OF THE USER OF THE FULL VERSION WITH THE REGULAR LICENSE (ONE DEVELOPEMENT/ONE DEPLOYMENT)

The Producer permits the User to use the Program on one computer destined for the development process and one computer on which runs the production version of the Program.

The User is allowed to make one backup copy of the Program in case the installation medium on which the Program has been supplied is damaged.

The User IS NOT ALLOWED:

  • to transfer in any way the copy of the Program to third parties,
  • to transfer the rights arising from this License Agreement to third parties,
  • to decompile the Program or to modify it,
  • to copy the printed materials provided together with the Program,
  • to create any software similar to the Program,
  • to remove nor change any trademarks or information about the Producer included in the Program and the materials provided together with it.

The Producer does not warrant that the Program will meet the expectations of the User or that it will properly cooperate with other programs. The Producer does not warrant either that the Program will function without errors. If the User intends to use the Program for any particular purpose, they accept full risk of the results they may obtain.

THE PRODUCER ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES RESULTING FROM THE USE OR IMPOSSIBILITY TO USE THE PROGRAM. THIS PROVISION CONCERNS IN PARTICULAR LOSS AND LOST PROFITS CONNECTED TO ANY ENTERPRISE AND LOSS OR DISTORTIONS OF TRADE REFERENCE.

The Producer warrants that the Program will function for 90 days after purchase date of the full version, highly in accordance with the documentation supplied and that no material defects will appear in the materials provided together with it, including the mediums, within a year. After that period the defects in functionality will be corrected by the Producer and may be charged for, at the price negotiated, but the price shall not exceed 10% of the price paid for the Program for a case. The functionality of the Program may be extended following the request of the User both during the time of warranty and after it and may be charged for by the Producer, with the price negotiated for each case individually.

The User is entitled to receive for free the right to use all the updates within the same line of products (at minimum, if not specified otherwise) up to the next major update (update that changes the major version number). So all the upgrades until the next major version is released could be downloaded and activated using the same serial number. The next major update may be purchased by User at the price offered for such an upgrade.

If any defects or errors are discovered, the Producer is obliged:

  • to repair or to replace materials not complying with the provisions of this Agreement within two weeks since their return to the Producer or
  • to refund the money paid for the Program if its repair or replacement proves to be impossible. In this case, the User shall be obliged to return to the Producer the installation package and all the materials provided together with the Program and to delete all installed copies of the Program as well as backup copies. The powers of the User arising from this Agreement become extinct as soon as the money has been refunded.

The Producer is free to choose the way to remedy a discovered defect. The liability of the Producer under this Agreement shall be limited to the amount paid by the User for the right to use the Program.

PART FOUR: THE RIGHTS AND DUTIES OF THE USER OF THE FULL VERSION WITH THE MULTI-INSTANCE & CLOUD LICENSE

The Producer permits the User to use the Program on unlimited number of computers destined for the development/production process and/or then to use the component on unlimited number of (production) computers which all belong to or are in use legally by the licensee.

The product created using the Program must include a text "SMSC Client Library Copyright (c) 2003-2018 TOPS (www.tops.com.pl)" in the information form ("about box") of the created application or if the application do not have such a form in at least any other place where the copyright of the producer of the application is presented and freely accessible to the end user. Identical text has to appear also in at least one place of the documentation provided for the application.

The User is allowed to make one backup copy of the Program in case the installation medium on which the Program has been supplied is damaged.

The User IS NOT ALLOWED:

  • to transfer in any way the copy of the Program to third parties,
  • to transfer the rights arising from this License Agreement to third parties,
  • to decompile the Program or to modify it,
  • to copy the printed materials provided together with the Program,
  • to create any software similar to the Program,
  • to remove nor change any trademarks or information about the Producer included in the Program and the materials provided together with it.

The Producer does not warrant that the Program will meet the expectations of the User or that it will properly cooperate with other programs. The Producer does not warrant either that the Program will function without errors. If the User intends to use the Program for any particular purpose, they accept full risk of the results they may obtain.

THE PRODUCER ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES RESULTING FROM THE USE OR IMPOSSIBILITY TO USE THE PROGRAM. THIS PROVISION CONCERNS IN PARTICULAR LOSS AND LOST PROFITS CONNECTED TO ANY ENTERPRISE AND LOSS OR DISTORTIONS OF TRADE REFERENCE.

The Producer warrants that the Program will function for 90 days after purchase date of the full version, highly in accordance with the documentation supplied and that no material defects will appear in the materials provided together with it, including the mediums, within a year. After that period the defects in functionality will be corrected by the Producer and may be charged for, at the price negotiated, but the price shall not exceed 10% of the price paid for the Program for a case. The functionality of the Program may be extended following the request of the User both during the time of warranty and after it and may be charged for by the Producer, with the price negotiated for each case individually.

The User is entitled to receive for free the right to use all the updates within the same line of products (at minimum, if not specified otherwise) up to the next major update (update that changes the major version number). So all the upgrades until the next major version is released could be downloaded and activated using the same serial number. The next major update may be purchased by User at the price offered for such an upgrade.

If any defects or errors are discovered, the Producer is obliged:

  • to repair or to replace materials not complying with the provisions of this Agreement within two weeks since their return to the Producer or
  • to refund the money paid for the Program if its repair or replacement proves to be impossible. In this case, the User shall be obliged to return to the Producer the installation package and all the materials provided together with the Program and to delete all installed copies of the Program as well as backup copies. The powers of the User arising from this Agreement become extinct as soon as the money has been refunded.

The Producer is free to choose the way to remedy a discovered defect. The liability of the Producer under this Agreement shall be limited to the amount paid by the User for the right to use the Program.

PART FIVE: THE RIGHTS AND DUTIES OF THE USER OF THE FULL VERSION WITH THE ROYALTY-FREE (REDISTRIBUTION) LICENSE

The Producer permits the User to use the Program on unlimited number of computers destined for the development/production process and/or then resell the program as a part of the product created using the Program. The user is allowed to transfer to third parties the right to use the Program and the right to make a single backup copy of the Program.

The product created using the Program must include a text "SMSC Client Library Copyright (c) 2003-2018 TOPS (www.tops.com.pl)" in the information form ("about box") of the created application or if the application do not have such a form in at least any other place where the copyright of the producer of the application is presented and freely accessible to the end user. Identical text has to appear also in at least one place of the documentation provided for the application.

The User is allowed to make one backup copy of the Program in case the installation medium on which the Program has been supplied is damaged.

Neither the User nor the third party that uses the Program ARE NOT ALLOWED:

  • to transfer the rights arising from this License Agreement, apart from the above explicitly allowed actions.
  • to decompile the Program or to modify it,
  • to copy the printed materials provided together with the Program,
  • to create any software similar to the Program,
  • to remove nor change any trademarks or information about the Producer included in the Program and the materials provided together with it.

The Producer does not warrant that the Program will meet the expectations of the User or that it will properly cooperate with other programs. The Producer does not warrant either that the Program will function without errors. If the User intends to use the Program for any particular purpose, they accept full risk of the results they may obtain.

THE PRODUCER ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES RESULTING FROM THE USE OR IMPOSSIBILITY TO USE THE PROGRAM. THIS PROVISION CONCERNS IN PARTICULAR LOSS AND LOST PROFITS CONNECTED TO ANY ENTERPRISE AND LOSS OR DISTORTIONS OF TRADE REFERENCE.

The Producer warrants that the Program will function for 90 days after purchase date of the full version, highly in accordance with the documentation supplied and that no material defects will appear in the materials provided together with it, including the mediums, within a year. After that period the defects in functionality will be corrected by the Producer and may be charged for, at the price negotiated, but the price shall not exceed 10% of the price paid for the Program for a case. The functionality of the Program may be extended following the request of the User both during the time of warranty and after it and may be charged for by the Producer, with the price negotiated for each case individually.

The User is entitled to receive for free the right to use all the updates within the same line of products (at minimum, if not specified otherwise) up to the next major update (update that changes the major version number). So all the upgrades until the next major version is released could be downloaded and activated using the same serial number. The next major update may be purchased by User at the price offered for such an upgrade.

If any defects or errors are discovered, the Producer is obliged:

  • to repair or to replace materials not complying with the provisions of this Agreement within two weeks since their return to the Producer or
  • to refund the money paid for the Program if its repair or replacement proves to be impossible. In this case, the User shall be obliged to return to the Producer the installation package and all the materials provided together with the Program and to delete all installed copies of the Program as well as backup copies. The powers of the User arising from this Agreement become extinct as soon as the money has been refunded.

The Producer is free to choose the way to remedy a discovered defect. The liability of the Producer under this Agreement shall be limited to the amount paid by the User for the right to use the Program.

PART SIX: THE RIGHTS AND DUTIES OF THE THIRD PARTY USER THAT SHOULD BE TRANSFERRED TO THE END USER LICENSE OF THE PRODUCT USING THE PROGRAM (ON THE BASIS OF MULTI-INSTANCE/ROYALTY-FREE LICENSE)

The User is allowed to make one backup copy of the Program in case the installation medium on which the Program has been supplied is damaged ONLY ALONG WITH THE SOFTWARE PRODUCT THAT IS USING IT.

The User IS NOT ALLOWED:

  • to transfer in any way the copy of the Program to third parties.
  • to transfer the rights arising from this License Agreement to third parties.
  • to decompile the Program or to modify it,
  • to copy the printed materials provided together with the Program,
  • to create any software similar to the Program,
  • to remove nor change any trademarks or information about the Producer included in the Program and the materials provided together with it.

The Producer does not warrant that the Program will meet the expectations of the User or that it will properly cooperate with other programs. The Producer does not warrant either that the Program will function without errors. If the User intends to use the Program for any particular purpose, they accept full risk of the results they may obtain.

THE PRODUCER ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES RESULTING FROM THE USE OR IMPOSSIBILITY TO USE THE PROGRAM. THIS PROVISION CONCERNS IN PARTICULAR LOSS AND LOST PROFITS CONNECTED TO ANY ENTERPRISE AND LOSS OR DISTORTIONS OF TRADE REFERENCE.