EULA: Aflik Nuage SecureSMS for Android

Send encoded SMS from your phone

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (THIS "LICENSE") CAREFULLY. BY USING OR COPYING THE Mobile Device PROGRAMS AND  ASSOCIATED DOCUMENTATION (COLLECTIVELY, THE "SOFTWARE"), YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU  DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE OR COPY THE SOFTWARE.

Electronics62761 Owns the Software

The Software is owned exclusively by Electronics62761 Corporation ("Electronics62761"). The price paid by you for the Software is only for a license fee  granting you only the rights set forth in this License. The rights granted in this License are limited to Electronics62761 intellectual property rights in the  Software and do not include any other patents or intellectual property rights.

You are Only Granted a Limited, Non-Exclusive and Revocable License to the Software

Electronics62761 grants to you, and you accept, a limited, non-exclusive and revocable license to use the Software, in machine-readable, object code form  only. You shall only use the Software only as authorized in this License. This License does not convey to you any ownership rights or any other interest in  the Software.

Scope of License

This License allows you to install and use one copy of the Software on a single Mobile Device. A valid license must be purchased for each Mobile Device  on which the Software is installed. If the Software is installed on a Mobile Device which virtualizes a Mobile Device (i.e. Symbian or Windows Mobile) then a  valid license must be purchased for each user connecting to the Mobile Device.

You may make one copy of this Software solely for backup or archival purposes; provided that the backup copy must include all copyright or other  proprietary notices contained on the original. Except as permitted in the previous sentence, you may not copy, adapt, translate, decompile, reverse  engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software or any part thereof. You shall use all  reasonable efforts to protect the Software from unauthorized use, modification, reproduction, distribution or publication. You may not lend, rent, lease or  sublicense the Software or make any uses or copies of the Software that are not specifically authorized by the terms of this License Agreement.

Electronics62761 reserves all rights that are not expressly granted to you by this License.

Term

This license will become effective on the date you acquire the Software and will remain in force until terminated. You may terminate the license, at any time,  by removing the Software from your Mobile Device and destroying the original Software. This License will automatically terminate if you breach any of the  terms or conditions set out in this License. Upon termination of this License for any reason, you shall immediately cease all use of the Software, remove the  Software from your Mobile Device, and either destroy the original Software and all copies of the Software or return the Software to Electronics62761.

Transfer

Once you have installed the software on a Mobile Device, you may not transfer your license to another party. Provided the Software has not been installed  on a Mobile Device, you may make a one-time permanent transfer of all of your license rights to the Software to another party, provided that: (a) the transfer  must include all of the Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the  Software, full or partial, including copies stored on a Mobile Device or other storage device; and (c) the party receiving the Software reads and agrees to  accept the terms and conditions of this License. Any transfer of possession of the Software terminates your License and all associated benefits under this  License. You must notify Electronics62761 in writing or by email of such transfer. All other copies of the Software must be deleted and/or destroyed.

You may not transfer your license to another party by selling or transferring ownership of the Mobile Device on which the Software is installed. The Software  must first be uninstalled from any Mobile Device on which the Software is installed before transferring ownership of the Mobile Device. Your license is  terminated upon sale or transfer of the Mobile Device on which the Software is installed.

You may not install the Software on another Mobile Device even if the Software is removed from the original Mobile Device on which it was installed, unless  the new installation is done on a Mobile Device that is replacing the original Mobile Device. The original Mobile Device must be taken out of service. You  may not install the Software on one Mobile Device, uninstall the software from the Mobile Device, and then install the Software on another Mobile Device,  without purchasing a license for each Mobile Device the Software is installed.

If this license is an update or upgrade to a previously purchased license, the previously purchased license is terminated and may not be transferred to  another party nor to another Mobile Device.

Use of Software

You shall inform anyone who you may record using the Software that their Phone and SMS activity is subject to being recorded and archived.

You shall install this software ONLY on a Mobile Handset that you own or on a Device which you have been given explicit permission to install. You shall  NOT install this software on any Device you do not own or on any Mobile Phone you have not been given permission to install.

Consent to Use of Data

You agree that Electronics62761 may collect and use technical and related information, including but not limited to technical information about your Mobile  Device, system and application software, which is gathered periodically to facilitate licensing, software updates, product support and other services related  to Software. Electronics62761 may use this information to improve our products, enforce licensing, or to provide services to you. The services provided to  you include the ability to remotely configure your Software settings via a Electronics62761 customer portal. Electronics62761 will not provide this information to  any third parties unless compelled by law enforcement.

Electronics62761 does not collect nor access any of the activities or events recorded on your Mobile Device by the Software, though recorded activities and  events may transit Electronics62761 servers if your Software is configured to provide remote access to recorded data.

Limited Warranty

Electronics62761 warrants the physical program media to be free from, defects for a period of 90 days from the date of your original purchase. If you notify Electronics62761 of defects during the warranty period, Electronics62761 will replace the defective program media or, at its option, refund the purchase price.  Your remedy for breach of this warranty shall be limited to replacement or refund and shall not encompass any other damages. No dealer, distributor, agent  or employee of Electronics62761 is authorized to make any modification or addition to the warranty and remedies stated above.

THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE PHYSICAL PROGRAM MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED  WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO  NINETY (90) DAYS FROM THE DATE OF ORIGINAL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED  WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY  MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED  WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO  SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH  ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT  WARRANTY OF ANY KIND, AND Electronics62761 HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE,  EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF  MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS. Electronics62761 DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE  SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE  WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR  ADVICE GIVEN BY Electronics62761 SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST  OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR  LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL Electronics62761 BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL,  INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA,  BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO  USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF Electronics62761 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY  FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

In no event shall Electronics62761 total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury)  exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Severability

If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, the remainder of this License  shall continue in full force and effect.

Complete Agreement

This License constitutes the entire agreement between you and Electronics62761 with respect to the use of the Software licensed hereunder and supersedes  all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in  writing and signed by Electronics62761. Any translation of this License is done for local requirements and in the event of a dispute between the English and  any non-English versions, the English version of this License shall govern.