BEFORE YOU INSTALL THIS SOFTWARE, READ THE TERMS AND CONDITIONS OF THIS AGREEMENT.
BY INSTALLING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A
PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
DO NOT INSTALL THIS SOFTWARE.
AirSpell, LLC End-User License Agreement (rev. 10/02)
AIRCLOCK
Summary of Key Terms
You may use this program ONLY on up to the maximum number of handheld computers
and related desktop computer(s) covered by the license package you have purchased.
This program is owned by AirSpell, LLC, and is protected by U.S. and international
copyright laws. No copying is permitted, except for one (1) back-up copy. No transfer,
distribution, modification or translation of this program, electronic or otherwise,
is permitted without AirSpell's written permission. VIOLATION OF COPYRIGHT IS A
SERIOUS OFFENSE, PUNISHABLE BY MONETARY PENALTIES AND POSSIBLE IMPRISONMENT.
AirSpell, LLC makes no warranties regarding this product, except as to replacement of
defective disks (if any) supplied by AirSpell, LLC. All warranties, including
merchantability or fitness for a particular purpose are specifically disclaimed.
IMPORTANT - Read the full license terms and conditions below before installing.
This License provides you with limited rights to use the software, conditioned upon
your continued compliance with these terms and conditions. INSTALLATION OF THIS
SOFTWARE WILL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
END-USER LICENSE
If you have purchased a single license, you may use this program only on a single
handheld computer, together with the related computer(s) used by you in conjunction
with that handheld computer. This group of related computers may include a desktop
computer, a home computer and a laptop computer, but shall not include more than three
related computers or any computer for which you are not the primary user. If you have
purchased a multiple-license package, you may use this program ONLY on up to the
maximum number of handheld computers covered by your license package plus their
related desktop computer(s) as described in the preceding sentence. You can verify
the size of your license package at any time, after you register with AirSpell, LLC
as a user of this program, by contacting AirSpell, LLC at
info@airspell.com.
Except for installation and maintenance of this program by you for your own authorized
use on up to the maximum number of computers covered by the license package you have
purchased, you may not electronically transfer, transmit or provide access to the
program from one computer to another over a network, the Internet or any other means,
including without limitation making the program, its features or results, available
through an application service provider or the like. You may not distribute,
sublicense or make available copies of the program or related documentation to
others in any form, electronic or otherwise. You may not modify or translate the program
or related documentation without the prior written consent of AirSpell, LLC. You may
make one (1) copy of the program solely for back-up purposes. YOU MAY NOT USE, COPY,
MODIFY, OR TRANSFER THE PROGRAM OR DOCUMENTATION, OR ANY COPY EXCEPT AS EXPRESSLY
PROVIDED IN THIS LICENSE AGREEMENT. This program is owned by AirSpell, LLC, and is
protected by U.S. and international copyright laws. VIOLATION OF COPYRIGHT IS A
SERIOUS OFFENSE, PUNISHABLE BY MONETARY PENALTIES AND POSSIBLE IMPRISONMENT.
You may not use the program for any unlawful purpose, including infringement of the
copyrights or other proprietary rights of others, or in any illegal manner or for
creation or distribution of illegal content. You agree to indemnify AirSpell, LLC for
any and all claims arising from any violation by you of the terms of this End-User
License.
AUTOMATIC COMMUNICATION WITH AIRSPELL, LLC WEB SITE
This software may include technology that periodically, if an internet connection is
available, contacts AirSpell, LLC servers with information regarding your installed
copy of AirClock and your Palm OS handheld. Data collected includes information
regarding AirClock product specifications, registration status, type and model of
Palm handheld and desktop operating system. This information is used to notify you
of free maintenance upgrades, product entitlements, new version releases and additional
personalized services and offers. Any collected data may also be used for general
statistical purposes on an anonymous basis. AirSpell, LLC may also match your
registration and/or product information to personally identifiable information in
order to present you with product notifications, offers and invitations (surveys,
beta programs, etc.) tailored to you. Any other use of information is governed and
limited by AirSpell’s privacy policy posted at
http://www.airspell.com/about/privacy.htm.
EXCLUSION OF WARRANTY
THIS PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY,
NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH AIRSPELL, LLC SPECIFICALLY
DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ENTIRE RISK AS TO THE RESULTS
AND PERFORMANCE OF THE PROGRAM IS ASSUMED BY YOU. SHOULD THE PROGRAM PROVE DEFECTIVE,
YOU (AND NOT AIRSPELL, LLC OR ITS DISTRIBUTORS OR DEALERS) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
AIRSPELL, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET
YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.
If the program has been licensed to you on a diskette or CD, AirSpell, LLC warrants to
you, the original licensee, that the disk(s) on which the program is recorded will be
free from defects in materials and workmanship under normal use and service for a period
of ninety (90) days from the date of delivery as evidenced by a copy of your receipt.
The above express warranty is specifically limited to its terms, and the to the extent
inconsistent with any disclaimer of warranty contained herein, is not intended to
otherwise limit such disclaimer. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU
MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
NEITHER AIRSPELL, LLC NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION,
OR DELIVERY OF THIS PROGRAM SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR
INCIDENTAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION ARISING
OUT OF THE USE, THE RESULTS OF USE, OR INABILITY TO USE SUCH PROGRAM, OR DAMAGE OF LOSS
CAUSED BY THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIRSPELL'S ENTIRE LIABILITY AND YOUR EXCLUSIVE
REMEDY IN THE EVENT OF A BREACH OF AIRSPELL'S OBLIGATIONS IS LIMITED TO A REFUND OF ANY
LICENSE FEE YOU ACTUALLY PAID TO AIRSPELL, LLC FOR THIS PROGRAM.
TERM
The End-User License is effective until terminated. You may terminate an End-User
License by destroying the program and documentation and all copies thereof. The End-User
License is conditioned upon your continued compliance with the Agreement and will terminate
automatically and irrevocably if you fail to comply with any term or condition of this
Agreement. Trial and evaluation licenses terminate automatically at the end of the trial
and evaluation period. Upon any termination you agree to destroy all copies of the program
and documentation in your possession or control.
EXPORT LAWS; GOVERNMENT USERS
You agree and certify that neither the software nor any other technical data received from
AirSpell, LLC, nor the direct product thereof, will be exported outside the United States
(i) into any country (or to a national or resident of any such country) as to which the U.S.
has embargoed goods, (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or (iii)
otherwise in violation of or as prohibited by the laws, rules, regulations or administrative
orders of the United States, or any unit, agency or department thereof. By opening or
downloading the software, you are agreeing to the foregoing and are representing and
warranting that you are not located in, under the control of, or a national or resident of
any such country, on any such list or order, or subject to any such prohibition.
Use, duplication or disclosure by the United States Government (or any unit, agency or
department thereof), is subject to the following provisions, which, to the extent applicable,
are incorporated by reference herein as if set forth in their entirety: (i) FAR 52.227.19(a)
through (d); (ii) in the case of the Department of Defense, DFAR 227.7202.1 through 227.7202-4;
(iii) in the case of NASA, the NASA Supplement to the FAR at 18-52.227-86(d); and (iv) all
other Federal laws and regulations that protect Licensor's rights in privately developed
software. Contractor/manufacturer is AirSpell, LLC, 2301 Collins Ave., Suite A309,
Miami Beach, FL 33139.
GENERAL
This Agreement shall be governed by the laws of the State of Florida without regard to
principles of conflicts of laws and shall inure to the benefit of AirSpell, LLC, its
successors and assigns. Any disputes relating hereto shall be adjudicated in the state or
federal courts in the State of Florida, and you hereby consent to the exclusive jurisdiction
of said courts for any such disputes. If for any reason a court of competent jurisdiction
finds any provision of this License Agreement, or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible so as to effect the intent
of the parties, and the remainder of this Agreement shall continue in full force and effect.
AirSpell, LLC shall have the right, upon reasonable prior notice and during regular
business hours, to audit/inspect any computer network on which this program is installed
to monitor compliance with the terms of this Agreement, including but not limited to
confirming the number of computers on which the program is used. You are responsible for
assuring compliance with the terms of this Agreement by any persons you authorize to use
this program, including but not limited to your employees, and for any violations of the
terms hereof by any party.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND
BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS IS THE COMPLETE AND EXCLUSIVE
AGREEMENT BETWEEN THE PARTIES.
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