SMART Software License

SMART Software License Models

Smart Communications Inc., is the software developer and owner of all SMART software listed on this web site. Some software is sold through resellers.

License Models

The SMART software license agreement shown here is written in accordance with the legal guidelines of the Software Publishers Association.

Model 1: Named User: This license provides a single-user, perpetual binary license for one personal computer.

Model 2: Floating License: This model allows a wider use of the software. The license has a central control. This model is designed for 10 or more possible users.

Sample of Software License

IMPORTANT - READ THIS AGREEMENT BEFORE USING THE SOFTWARE ON THE CD-ROM IN THIS BOOK. BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

This is a license agreement (the "Agreement") between you and SMART Communications, Inc. (SMART). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE PROGRAM ON THE CD-ROM AND THE USER MANUAL (COLLECTIVELY, THE "SOFTWARE") AND PROMPTLY RETURN THE SOFTWARE TO SMART.

In consideration of the right to use the software, you agree to abide by the terms and conditions of this Agreement.

1. LICENSE: SMART grants you the personal, non-exclusive right to use the software only on a single computer. You may physically transfer the software from one computer to another provided that the software is used on only one computer at a time. You shall not install or use the software on a network, multiple site arrangement, or any other hardware configuration where the software is accessible to more than one CPU or to more than one user, unless otherwise specified by contract.

YOU SHALL NOT ASSIGN, SUBLICENSE, RENT, LEASE, LOAN, CONVEY OR OTHERWISE USE, TRANSFER, COPY, TRANSLATE, CONVERT TO ANOTHER PROGRAMMING LANGUAGE, ALTER, MODIFY, DECOMPILE OR DISASSEMBLE THE SOFTWARE, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

2. BACK-UP COPY: You may make one copy of the software solely for back-up purposes, or copy the software onto the permanent storage device of your computer and retain the original for back-up purposes. Any other copy of the software is a violation of this Agreement. You must reproduce and include the copyright notice on the back-up copy.

3. SUPPORT AND UPDATES: SMART is not responsible for providing maintenance or support for use of the software. No updates, fixes or support will be made available for the software unless provided for under a separate maintenance contract.

4. LIMITED WARRANTY AND LIMITATION OF LIABILITY: It is your responsibility to choose, maintain and match the hardware and software components of your computer system. Thus SMART does not guarantee uninterrupted service or correction of errors or that the functions or performance of the software will meet your requirements. THE SOFTWARE IS LICENSED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. The CD-ROM storing the software is warranted only against defective material under normal use for a period of sixty (60) days after purchase from SMART as evidenced by your company purchase order. Your sole remedy for a defective CD-ROM shall be replacement of the same without charge when returned by you at your expense to SMART and proven to be defective upon inspection. The Replacement CD-ROM will be warranted for the remainder of the original sixty (60) day warranty period of the defective CD-ROM. The limited warranty does not apply if the failure of the CD-ROM resulted from accident, abuse or misapplication of the software and shall not extend to anyone other than the original user of the software.

EXCEPT AS SPECIFICALLY SET FORTH IN THIS PARAGRAPH 4, SMART DISCLAIMS ALL WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE. SMART IS NOT LIABLE FOR ANY DAMAGES HOWSOEVER CAUSED, INCLUDING WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGE INCLUDING LOSS OF PROFITS, EXPENSE OR INCONVENIENCE HOWSOEVER CAUSED OR ARISING OUT OF THE SOFTWARE OR THE USE THEREOF. SMART SHALL NOT HAVE ANY OBLIGATION TO INDEMNIFY YOU AGAINST ANY CLAIM OR SUIT BROUGHT BY A THIRD PARTY ALLEGING THAT THE SOFTWARE OR THE USE THEREOF INFRINGES ANY INTELLECTUAL PROPERTY OF SUCH THIRD PARTY. SOME STATES, PROVINCES, COUNTRIES OR LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR PERSONAL INJURY OR DEATH RESULTING FROM NEGLIGENCE ON THE PART OF THE SELLER, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.

5.TERM: This Agreement is effective upon your using the Software and remains in effect until expiration of all copyright interests in the Software unless earlier terminated. You may terminate this Agreement by destroying the Software. This Agreement will also terminate without notice to you if you fail to comply with any of the terms of this Agreement and you must then promptly return the Software. In addition, SMART may enforce its other legal rights.
6. U.S. GOVERNMENT RESTRICTED RIGHTS NOTICE: The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R.12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.72024 (June 1995), all U.S. Government End Users shall acquire the Software with only those rights set forth herein. Manufacturer is SMART Communications, Inc., PO Box 963, New York, NY 10150-0963 USA.
7. EXPORT RESTRICTIONS: You agree to comply with all export laws and restrictions and regulations of the country involved, and not to export or re-export, directly or indirectly, the Software in violation of any such laws and restrictions and regulations, or without all necessary approvals.
8. SEVERABILITY: In the event that any provision of this Agreement is declared or found to be illegal by any court or tribunal of competent jurisdiction, such provision shall be null and void with respect to the jurisdiction of that court or tribunal and all the remaining provisions of this Agreement shall remain in full force and effect.
9. CONTROLLING LAW: The terms of this Agreement as it relates to purchases of the Software in the United States of America shall be governed and construed in all respects in accordance with the laws and regulations of the State of New York, without reference to choice of law principles.
10. OWNERSHIP: All rights, including but not limited to copyrights and trade secret rights, to the Software belong to SMART. Your use of the Software is subject to the laws of the United States and other applicable copyright and trademark laws, and nothing in this Agreement constitutes a waiver of the rights of SMART under such laws. You only own the CD-ROM media in which the Software is stored. Accept as expressly provided herein, no license or right, express or implied, is hereby conveyed or granted by SMART to you for any intellectual property of SMART.
You may not modify, remove or delete any or all copyright notices (i) which are contained in the Software, including any copy thereof, and (ii) which are on the original CD-ROM and on the medium of a back-up copy made pursuant to Section 2 above.
11. ACKNOWLEDGEMENT: BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN YOU AND SMART CONCERNING THE SUBJECT MATTER HEREOF AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, VERBAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER THEREOF. NO AMENDMENT TO THIS AGREEMENT SHALL BE EFFECTIVE UNLESS SIGNED BY A DULLY AUTHORIZED OFFICER OF SMART.

License Question?

SMART Links