Internet Exchange End-User Software License Agreement
International Messaging Associates Corporation ("IMA") grants to you a non-exclusive, nontransferable license to use this copy of the Software and accompanying documentation according to the following terms:
For the Software you may:
(1) install the software on only one computer or network;
(2) physically transfer the Software from one computer to another, provided that the Software is installed on only one computer at a time.
You may not:
(1) use the Software on more than one computer or server at a time;
(2) modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy the Software or the accompanying documentation;
(3) rent, transfer or grant any rights in the Software or accompanying documentation in any form to any person without the prior written consent of IMA; or
(4) remove any proprietary notices, labels, or marks on the Software and accompanying documentation.
This license is not a sale. Title and copyrights to the Software, accompanying documentation and any copy made by you remain with IMA. Unauthorized copying of the Software or the accompanying documentation, or failure to comply with the above restrictions, will result in automatic termination of this license and will make available to IMA other legal remedies.
IMA AND DISTRIBUTOR MAKE AND YOU RECEIVE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER IMA NOR DISTRIBUTOR WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
LIMITATION OF LIABILITY
IN NO EVENT WILL IMA OR ITS DISTRIBUTOR BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTAL OR INDIRECT DAMAGES ARISING FROM THE USE OF THE SOFTWARE OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF IMA OR ITS DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THE ALLOCATION OF RISK. SOME LOCALITIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSQUENIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
GOVERNMENT RESTRICTED RIGHTS LEGEND (Applicable to U.S. Government End-Users Only)
Use, duplication of disclosure by the United States Government is subject to restrictions of Restricted Rights for computer software developed at private expense as set forth in FAR Sec. 52.227-19 or DOD FAR Supplement Sec. 252,227-7013(c)(1)(ii), and successor thereof, as applicable. International Messaging Associates, 2703 China Resources Building, 26 Harbour Road, Wan Chai, Hong Kong
This agreement will be governed by the substantive law of Hong Kong, without reference to conflict of laws principles. This agreement is the entire agreement between us and supersedes any other communications or advertising with respect to the Software and accompanying documentation. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. If you have any question, please contact in writing: International Messaging Associates, 1303 Keen Hung Commercial Building, 80 Queen's Road East, Wan Chai, Hong Kong