Page Communication Ltd Software End User License Agreement

Attention: You should scroll down to the end of this EULA before you agree to the EULA and continue with any software purchase and installation.

Important: This software end-user licence agreement ("EULA") is a legal agreement between you (either an individual or, if purchased or otherwise acquired by or for an entity, an entity) and Page Communication Ltd. Read it carefully before completing the installation process and using the software. It provides a licence to use the software and contains warranty information and liability disclaimers. By installing and using the software, you are confirming your acceptance of the software and agreeing to become bound by the terms of this agreement. If you do not agree to be bound by these terms, then do not install the software and return the software to your place of purchase for a refund.

This EULA shall apply only to the software supplied by Page Communication Ltd herewith regardless of whether other software is referred to or described herein.

  1. DEFINITIONS

    1. "Page Communication Ltd" means Page Communication Ltd, and its licensors, if any.
    2. "Software" means only the Page Communication Ltd software program(s) and third-party software programs, in each case, supplied by Page Communication Ltd herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation.
    3. "Trial Version" means a version of the Software, so identified, to be used only to review, demonstrate and evaluate the Software for a limited time period. The Trial Version may have limited features, may lack the ability for the end-user to save the end product, and will cease operating after a predetermined amount of time due to an internal mechanism within the Trial Version.

  2. LICENCE GRANTS

    The licences granted in this Section 2 are subject to the terms and conditions set forth in this EULA:

    1. You may install and use the Software on a single computer; or install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a licence for each separate computer on which the Software is installed and run. A licence for the Software may not be shared, installed or used concurrently on different computers.
    2. You may make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. You may not sell or transfer any copy of the Software made for backup purposes.
    3. You agree that Page Communication Ltd may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse Page Communication Ltd for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.
    4. Your licence rights under this EULA are non-exclusive.
    5. Mandatory Product Activation. The licence rights granted under this Agreement may be limited to the first ninety(90) days after you first install the Software unless you supply information required to activate your licenced copy in the manner described during the setup sequence of the Software. You may need to activate the Software through the use of the Internet or facsimile; toll charges may apply. There are technological measures in this Software that are designed to prevent unlicenced or illegal use of the Software. You agree that Page Communication Ltd may use those measures and you agree to follow any requirements regarding such technological measures. You may also need to reactivate the Software if you modify your computer hardware. Product activation is based on the exchange of information between your computer and Page Communication Ltd. None of this information contains personally identifiable information nor can they be used to identify any personal information about you or any characteristics of your computer configuration.

  3. LICENCE RESTRICTIONS

    1. Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
    2. You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
    3. Unless otherwise provided herein, you may not rent, lease, or sublicence the Software.
    4. Other than with respect to a Trial Version of the Software, you may permanently transfer all of your rights under this EULA only as part of a sale or transfer, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, the serial numbers, and, if applicable, all other software products provided together with the Software), and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software from which you are upgrading. You may retain no copies of the Software. You may not sell or transfer any Software purchased under a volume discount. You may not sell or transfer any Trial Version.
    5. Unless otherwise provided herein, you may not modify the Software or create derivative works based upon the Software.
    6. Unless otherwise provided herein, you shall not:
      1. in the aggregate, install or use more than one copy of the Trial Version of the Software,
      2. download the Trial Version of the Software under more than one username,
      3. alter the contents of a hard drive or computer system to enable the use of the Trial Version of the Software for an aggregate period in excess of the trial period for one licence to such Trial Version,
      4. disclose the results of software performance benchmarks obtained using the Trial Version to any third party without the prior written consent of Page Communication Ltd, or
      5. use the Trial Version of the Software for a purpose other than the sole purpose of determining whether to purchase a licence to a commercial; provided, however, notwithstanding the foregoing, you are strictly prohibited from installing or using the Trial Version of the Software for any commercial training purpose.
    7. You may receive the Software in more than one medium but you shall only install or use one medium. Regardless of the number of media you receive, you may use only the medium that is appropriate for the server or computer on which the Software is to be installed.
    8. You may receive the Software in more than one platform but you shall only install or use one platform.
    9. You shall not use the Software to develop any application having the same primary function as the Software.
    10. In the event that you fail to comply with this EULA, Page Communication Ltd may terminate the licence and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).

  4. UPGRADES

    If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a licence exchange basis. You agree by your installation and use of such copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity unless such transfer is pursuant to Section 3.

  5. OWNERSHIP

    The foregoing licence gives you limited licence to use the Software. Page Communication Ltd retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Software (as an independent work and as an underlying work serving as a basis for any application you may develop), and all copies thereof. All rights not specifically granted in this EULA, including United Kingdom and International Copyrights, are reserved by Page Communication Ltd.

  6. LIMITED WARRANTY AND DISCLAIMER

    1. Except with respect to any Trial Version of the Software, Page Communication Ltd warrants that, for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt):
      1. when used with a recommended hardware configuration, the Software will perform in substantial conformance with the documentation supplied with the Software; and
      2. the physical media on which the Software is furnished will be free from defects in materials and workmanship under normal use.
    2. PAGE COMMUNICATION LTD PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR ANY TRIAL VERSION OF THE SOFTWARE. ANY TRIAL VERSION OF THE SOFTWARE ARE PROVIDED "AS IS".
    3. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO SOFTWARE OTHER THAN ANY TRIAL VERSION, PAGE COMMUNICATION LTD DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. PAGE COMMUNICATION LTD DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENCED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. PAGE COMMUNICATION LTD SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
    4. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
    5. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PAGE COMMUNICATION LTD OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

  7. EXCLUSIVE REMEDY

    Your exclusive remedy under the preceding is to return the Software to the place you acquired it, with a copy of your receipt and a description of the problem. Provided that any non-compliance with the above warranty is reported in writing to Page Communication Ltd no more than ninety (90) days following delivery to you, Page Communication Ltd will use reasonable commercial efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your purchase price for the Software, at its option. Page Communication Ltd shall have no responsibility if the Software has been altered in any way, if the media has been damaged by misuse, accident, abuse, modification or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration. Any such misuse, accident, abuse, modification or misapplication of the Software will void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.

  8. LIMITATION OF LIABILITY

    1. PAGE COMMUNICATION WILL ACCEPT LIABILITY WITHOUT LIMITATION FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF PAGE COMMUNICATION AND PAGE COMMUNICATION WILL FURTHER ACCEPT ALL LIABILITY IN THE TORT OF DECEIT.
    2. SUBJECT TO CLAUSE 8a, PAGE COMMUNICATION SHALL NOT BE LIABLE IN CONTRACT OR TORT OR OTHERWISE FOR LOSS OF PROFITS, GOODWILL OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, HOWSOEVER ARISING, EVEN IF SUCH LOSS OR DAMAGE RESULTED FROM ITS NEGLIGENCE OR WAS REASONABLY FORESEEABLE OR PAGE COMMUNICATION HAS BEEN ADVISED OF THE POSSIBILITY OF CUSTOMER INCURRING THE SAME.
    3. SUBJECT TO CLAUSE 8a, PAGE COMMUNICATION'S TOTAL LIABILITY WHETHER IN CONTRACT OR TORT OR OTHERWISE RELATING TO THE CONTACTS ORGANIZER OR PERFORMANCE OR NON-PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE ARISING OUT OF OR IN RELATION TO THIS AGREEMENT SHALL BE LIMITED TO THE PURCHASE PRICE OF THE CONTACTS ORGANIZER.
    4. PAGE COMMUNICATION MAY PROVIDE ERROR CORRECTIONS TO THE CONTACTS ORGANIZER, WHICH WILL BE AVAILABLE FOR DOWNLOAD FROM THE CONTACTS ORGANIZER WEB SITE. PAGE COMMUNICATION MAY ALSO PROVIDE ASSISTANCE IN USING THE CONTACTS ORGANIZER VIA THE CONTACTS ORGANIZER WEB SITE. WHILST PAGE COMMUNICATION WILL USE REASONABLE ENDEAVOURS TO RESOLVE ANY PROBLEMS YOU EXPERIENCE, PAGE COMMUNICATION DOES NOT GUARANTEE THAT ANY ASSISTANCE OR ERROR CORRECTIONS PROVIDED VIA THE WEB SITE WILL BE SUCCESSFUL IN RESOLVING PROBLEMS (IN WHOLE OR IN PART). PAGE COMMUNICATION WILL NOT PROVIDE TELEPHONE ASSISTANCE AT ANY TIME

  9. NOTICES

    All notices and other communications provided for or permitted under this Agreement shall be sufficient if contained in writing delivered by hand, registered certified mail or by facsimile addressed to the parties as set forth in this Agreement. All such notices or communications shall be deemed received two working days after being sent or the following working day if sent by facsimile.

  10. SURVIVAL

    Your obligations under this EULA shall survive the termination of this agreement.

  11. SEVERABILITY

    If any provision of this Agreement shall beheld void or unenforceable or contrary to law, such provision shall be deemed to have been excluded from this Agreement ab initio and shall not affect any other provision of this Agreement, the remainder of which shall be construed as if the excluded provision had never formed part of it.

  12. GOVERNING LAW

    This Agreement will be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

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