MAX Phone

End-User License Agreement (EULA) for MAXPhone
MainTelecom Company.
End User License Agreement

MAXPhone is protected by intellectual property laws and treaties.

PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS OF THIS SOFTWARE PRODUCT ("MAXPhone") LICENSE (THE "LICENSE AGREEMENT"). THIS LICENSE IS A LEGALLY BINDING CONTRACT BETWEEN YOU (THE "LICENSEE") AND MAIN TELECOM SOFTWARE CO.

1. INTRODUCTION: The following Software license terms and conditions apply to all of the Software Product (the "Software Product") that is delivered or downloaded under this license. If, after reviewing the terms and conditions which follow this paragraph, you do not wish to be bound by its provisions, do not download the Software Product or, if MAXPhone has been delivered by CD ROM, destroy the CD ROM or return it to MAIN TELECOM SOFTWARE CO. If MAXPhone has already been downloaded then immediately delete MAXPhone. Once MAXPhone has been downloaded or accessed all of the provisions of this License Agreement apply, even if MAXPhone is subsequently deleted or returned. Any use of MAXPhone by the Licensee shall constitute unqualified acceptance of this Agreement.

2. EVALUATION VERSION LICENSE GRANT: If you have downloaded or otherwise received an evaluation version of MAXPhone, you are authorized to use MAXPhone on a royalty-free basis for evaluation purposes only during the initial evaluation period that will be free with limited functionality following its installation until registered. If you are downloading a free trial version of the Software, you may use it on one or more computers for an unlimited period of time However, you are not entitled to receive technical support nor the full functionality that comes with the software until a license fee has been paid. You have the option to register for full use of MAXPhone at any time during the evaluation period, including the payment of the required license fee. Registration will authorize you to use an unlocking key which will convert MAXPhone to full use, in accordance with the terms and conditions provided below. Your use of MAXPhone for any purpose after
the expiration of the initial evaluation period is not authorized. Upon expiration of the limited evaluation period, MAXPhone may automatically disable itself.
2.1 License Fee Where a license fee is payable by you in respect of the Software, you are not entitled to use the Software until the license fee has been paid. In the case of payment by credit card, payment will not be deemed paid until the credit card payment has been authorized by the billing provider.

3. GRANT OF LICENSE: This Section of the License Agreement describes your general rights to install and use MAXPhone. The license rights described in this Section are subject to all other terms and conditions of this License Agreement. Any use, modification, reproduction, release, performance, display or disclosure of MAXPhone shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.

3.1. LICENSE: The MAXPhone is provided on a non-exclusive, non-transferable basis,and may not be copied, modified, or enhanced without the advance written authorization of MAIN TELECOM SOFTWARE CO. The MAXPhone includes significant elements, including its organization, algorithms, and logic, which MAIN TELECOM SOFTWARE CO. has maintained as confidential information, which constitute trade secrets of MAIN TELECOM SOFTWARE CO., and which are protected by U.S. patent and/or copyright law and international treaty. Licensee agrees not to attempt to disassemble, reverse compile, or reverse engineer MAXPhone. The MAXPhone under this Agreement is the exclusive property of MAIN TELECOM SOFTWARE CO. This License Agreement does not grant Licensee any ownership right or title to, or interest in MAXPhone or any part thereof, and MAIN TELECOM SOFTWARE CO. retains all such rights, title, and interest.

3.1.1 Licensee Obligations As the Licensee You hereby undertake the following obligations: to not print, copy, reproduce, translate, adapt, vary, alter, change, reverse engineer,decompile or modify the Software by any means or in any other form other than to make one temporary copy of the Software for back-up and security purposes without the express consent of (PSSCo), except as expressly authorized by this agreement;
b) to supervise and control the use of the Software in accordance with the terms of this license
c) to ensure your employees, sub-contractors and other agents who have authorized access to the Software are made aware of the terms of this license; (d) to not provide or otherwise make available the Software in any form to any person other than those referred to in paragraph (c) without the written consent of (PSSCo);and
e) to not give, lease, assign, license, sub-license, transfer, distribute, disclose, disseminate or publish the software in any form to any other person or attempt to do any of these acts;
f) to not alter, change, remove or obscure any notices or other indications (including copyright notices) as to ownership of the Software;
g) not to access or use the Software on more that one personal stand-alone computer, or otherwise allow the Software to be accessed or used by more than one user at any one time.
h) to not engage in any acts which infringe (PSSCo) rights in the intellectual property rights in the Software;
i) You acknowledge that the License granted by Clause 1 does not make you the owner of the Software nor does it cause any transfer or assignment of any copyright or any other intellectual or industrial property rights subsisting in the Software to You

3.2. GENERAL LICENSE GRANT TO INSTALL AND USE THE SOFTWARE PRODUCT: You may install and use one copy of MAXPhone on a single computer, device, workstation, terminal,or other digital electronic or analog device ("Device"). ANY NETWORK OR OTHER TYPE OF DISTRIBUTED USE OF THIS SOFTWARE PRODUCT, IS STRICTLY PROHIBITED EXCEPT AS ALLOWED IN 3.5 BELOW.

3.3. USE ON PORTABLE SYSTEMS: You may make a second copy of MAXPhone and install it on a portable Device for the exclusive use of the person who is the primary user of the first copy of MAXPhone.

3.4. ALTERNATIVE LICENSE GRANT FOR STORAGE/NETWORK USE: As an alternative to the rights granted in the previous section, you may install a copy of MAXPhone on one storage Device, such as a network server, and allow individuals within your business or enterprise to access and use MAXPhone from other Devices over a private network, provided that you acquire and dedicate one license for the storage Device upon which MAXPhone is installed and additional licenses for each separate Device from which MAXPhone is accessed and used. One license for MAXPhone may not be used concurrently on different Devices.

3.5. RESERVATION OF RIGHTS: All rights not expressly granted under this License Agreement are reserved by MAIN TELECOM SOFTWARE CO.

4. DISCLAIMER OF WARRANTY: THE SOFTWARE PRODUCT IS PROVIDED "AS IS" AND WITHOUT WARRANTY EXCEPT AS PROVIDED IN THE FOLLOWING PARAGRAPH. MAIN TELECOM SOFTWARE CO. DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON- INFRINGEMENT AND PERFORMANCE.

5. LIMITED WARRANTY: MAIN TELECOM SOFTWARE CO. warrants that MAXPhone covered by this License Agreement will be free with limited functionality following its installation until registered.

6. LIMITATION OF LIABILITY: MAIN TELECOM SOFTWARE CO. makes no representations or warranties that the operation of MAXPhone will be uninterrupted or error free, or that it will produce the results desired by the Licensee MAIN TELECOM SOFTWARE CO. does not agree to provide modifications, enhancements, improvements or bug corrections, even if errors in MAXPhone are reported to MAIN TELECOM SOFTWARE CO. MAIN TELECOM SOFTWARE CO. SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OR BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, ETC.) ARISING FROM LICENSEE USE, OR THE INABILITY OF LICENSEE TO USE, THE MAXPhone, EVEN IF MAIN TELECOM SOFTWARE CO. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. MAIN TELECOM SOFTWARE CO. will not be held responsible or liable if the licensee looses files or applications even though MAXPhone removes them from the licensee computer. Such removals will always
be performed with the knowledge of the user.

7. LICENSEE REMEDY: If MAIN TELECOM SOFTWARE CO. is liable to Licensee for the breach of any of MAIN TELECOM SOFTWARE CO.its obligations under this License Agreement, Licensee sole and exclusive remedy shall be, at MAIN TELECOM SOFTWARE CO.its option, to either receive a refund for the price Licensee paid for the use of MAIN TELECOM SOFTWARE CO.its MAXPhone (less any taxes, shipping fees, etc.) or the repair or replacement of any defective MAXPhone.

8. LOSS OF MAIL LIMITS AND LIABILITY: MAIN TELECOM SOFTWARE CO