Auron SMS Server
Software License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR
USING THE SOFTWARE. BY CLICKING ON THE "I ACCEPT THE TERMS OF THE LICENSE
AGREEMENT" BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, OR USING THIS
PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE
TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "I DO NOT ACCEPT THE TERMS OF
THE LICENSE AGREEMENT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE,
RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND, OR DO NOT
DOWNLOAD THE PRODUCT.
YOUR GENERAL TERMS OF BUSINESS DO NOT APPLY.
In this Software License Agreement:
(i) "Auron" means Auron Software B.V., The Netherlands.
(ii) "Customer" means the individual(s), organization or business entity buying
a license of the Software from Auron or its Distributors or its Resellers.
(iii) "Software" means computer programs (and their storage medium) supplied by
Auron and known collectively as "Auron SMS Server" in which Auron has property
rights and any user manuals, example code, operating instructions, brochures and
all other documentation relating to the said computer programs (the expression
"Software" to include all or any part or any combination of Software).
2. LICENSE GRANT
This LICENSE grants you the following rights:
(a) Software Product. Auron grants to you a nonexclusive license to use the
Software for the sole purposes of designing, developing, and testing your
software components or applications ("Applications"). You may install the
Software on one computer in your organization.
(b) Electronic Documents. Solely with respect to electronic documents included
with the Software, you may make an unlimited number of copies (either in
hardcopy or electronic form), provided that such copies shall be used only for
internal purposes and are not republished or distributed to any third party.
(c) Serial Number also known as License Key. A Serial Number provided at the
time of sale uniquely identifies each License. This LICENSE GRANT is
contingent upon the purchase of a Serial Number from Auron or one of Auron's
(d) Sample Code. Auron grants you the right to use and modify the source code
parts of the Software that are listed in the "Projects" and “Scripts”
subdirectories (if available).
(e) Redistribution. The Software is made available for download solely for use
by end users according to the License Agreement. Any reproduction or
redistribution of the Software not in accordance with the License Agreement is
(f) Trial Software. If the Software is installed without a Serial Number then,
notwithstanding other sections of this License, you may use the Software for up
to 30 days after installation.
(g) Not for Resale Software. If the Software is labeled "Not for Resale" or
"NFR," then, notwithstanding other sections of this License, you may not resell,
or otherwise transfer for value, the Software, nor distribute any
(h) Reservation of Rights. Auron reserves all rights not expressly granted to
you in this License Agreement. The license is granted to Customer on a
non-exclusive-basis which means that Auron will grant the license also to other
individuals, organizations and business entities.
This License Agreement consist no obligations for Auron to offer
support(services), help(services) or maintenance(services) relating to the
Software. Obligations for Auron to offer maintenance (services) relating to the
Software can only arise from a Maintenance Agreement between Auron and Customer.
General terms of business of the Customer do not apply.
3. UPGRADES AND SUPPLEMENTS
If the Software is labeled as an upgrade, you must be properly licensed to use a
product identified by Auron as being eligible for the upgrade in order to use
the Software. Software labeled as an upgrade replaces and/or supplements the
product that formed the basis for your eligibility for the upgrade. You may use
the resulting upgraded product only in accordance with the terms of this License
unless we provide other terms along with the update or supplement. If the
Software is an upgrade of a component of a package of software programs that you
licensed as a single product, the Software may be used and transferred only as
part of that single product package.
4. LIMITATION ON REVERSE ENGINEERING,DECOMPILATION, AND DISASSEMBLY
Customer may not reverse engineer, decompile, or disassemble the Software,
except and only to the extent that it is expressly permitted by applicable law
notwithstanding this limitation.
Without prejudice to any other rights, Auron may cancel or dissolve this License
Agreement if Customer does not abide by the terms and conditions of this License
Agreement, in which case Customer must destroy all copies of the Software and
all of its component parts.
6. LIMITED WARRANTY
Auron warrants that for a period of ninety (90) days from the date of shipment
(i) the media on which the Software is furnished will be free of defects in
materials and workmanship under normal use;
(ii) the Software substantially conforms to its published specifications. Except
for the foregoing, the Software is provided AS IS.
This limited warranty extends only to Customer as the original licensee.
Customer's exclusive remedy and the
entire liability of Auron and its suppliers under this limited warranty will be,
at Auron or its service center's option, repair, replacement, or refund of the
Software if reported (or, upon request, returned) to the party supplying the
Software to Customer. In no event does Auron warrant that the Software is error
free or that Customer will be able to operate the Software without problems or
interruptions.The customer will safeguard Auron against any claim relating to
the use of the Software by the Customer. This warranty does not apply if the
(a) has been altered, except by Auron;
(b) has not been installed, operated, repaired, or maintained in accordance with
instructions supplied by
(c) has been subjected to abnormal physical or electrical stress misuse,
negligence, or accident;
(d) is used in high-risk activities, including the operation of nuclear
facilities, aircraft navigation, air traffic control,
weapons systems, life support or medical applications for use in any
circumstance in which the failure of the Software could lead directly to death,
personal injury or damage to properties or the environment.
7. LIMITATION OF LIABILITY AND REMEDIES
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER
(INCLUDING, WITHOUT LIMITATION ALL INDERECT, SPECIAL, INCIDENTIAL OR
CONSEQUENTIAL DAMAGES OR MULTIPLE DAMAGES SUCH AS BUT NOT LIMITED TO, LOST
BUSINESS OR PROFITS, LOSS OF GOODWILL, WORK STOPPAGE AND DATALOSS), THE ENTIRE
LIABILITY OF AURON AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS LICENSE
AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY
REMEDY OF REPAIR OR REPLACEMENT ELECTED BY AURON WITH RESPECT TO ANY BREACH OF
THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY
PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00. AURON IS RELIEVED OF ANY OBLIGATION
TO PAY DAMAGES IF THE CUSTOMER HAS NOT UPGRADED THE SOFWARE WHEN POSSIBLE. THE
FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 4, 5 AND 6
ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF
ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
8. ENTIRE AGREEMENT
This License Agreement (including any addendum or amendment to this License
Agreements which is included with the Software) is the entire agreement between
you and Auron relating to the Software and the support services (if any) and
they supersede all prior or contemporaneous oral or written communications,
proposals and representations with respect to the Software or any other subject
matter covered by this License Agreement. To the extent the terms of any Auron
policies or programs for support services conflict with the terms of this
License Agreement, the terms of this License Agreement shall control.
The Customer is not allowed to alienate or transfer any rights relating to this
License Agreement without the written approval of Auron.
THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE NETHERLANDS
AND THE DUTCH COURTS SHALL HAVE SOLE JURISDICTION IN ANY DISPUTE RELATING TO
THESE CONDITIONS. ALL DISPUTES HEREUNDER SHALL BE RESOLVED EXCLUSIVELY IN THE
APPROPRIATE COURT IN THE CITY OF ALMELO, THE NETHERLANDS. If any part of these
conditions shall be or become invalid or unenforceable in any way and to any
extent by any existing or future rule of law, order, statute or regulation
applicable thereto, then the other conditions shall remain in full force and
effect as all other provisions.
The conditions of this License Agreement remain applicable after the termination
of this License Agreement if this results from the nature of the condition.
THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS
(THE "CONVENTION" OR "CISG") IS EXCLUDED AND DOES NOT APPLY.
The Software is protected by copyright and other intellectual property laws and
treaties. Auron or its suppliers own the title, copyright, and other
intellectual property rights in the Software. The granting of a license does not
constitute a transfer of any intellectual property right. The Software is
licensed, not sold.