PLEASE READ CAREFULLY
END-USER SERVICES AND LICENSE AGREEMENT
Solstice Control Systems Ltd T/A SMS-Solstice.com (the "SMS-Solstice®") includes all
Sub Domains of Solstice Control Systems Ltd not mention here. (i.e. SMS-Roster,
SMS-MyDairy, SMS-Enabler, SMS-Webtext, SassyToll)
SMS-Solstice® Software (the "Software") includes all software developed and under development of Solstice Control
Systems Ltd.
SMS-Solstice® Services (the "Services") includes all services provided
and to be provided by Solstice Control Systems Ltd.
SMS-SOLSTICE® is willing to license to you a proprietary software program in object
code form (the "Software") only upon the condition that you accept all
of the terms of this Agreement. In the event you do not agree with any of these
terms or conditions, do not install the Software or access SMS-SOLSTICE® services
(the "Services").
Please read carefully the terms and conditions of the Agreement below before installing
any Software or accessing services. By installing, copying or otherwise using the
Software or accessing the services, you agree to be bound by the terms and conditions
of this Agreement. The Software contains some or all of the following: (a) "Server
Software" that provides services on the server and (b) "Client Software"
that allows a personal computer to access or utilize services provided by the Server
Software.
UNDER NO CIRCUMSTANCES WILL SMS-SOLSTICE® BE LIABLE FOR DATA, WHICH WAS NEVER SENT
TO THE SMS-SOLSTICE® SERVERS BY THE SOFTWARE. YOU ARE ADVISED TO CHECK THE DELIVERY
REPORTS TABLES TO ENSURE THE DESIRED FILES HAVE BEEN TRANSMITTED.
SMS-SOLSTICE® owns the Software. Under the terms of this Agreement, you receive
only a limited right to use the Software. Pursuant to this Agreement, SMS-SOLSTICE®
grants to you the non-exclusive right to: (a) use the Client Software on any personal
computer, as long as it is used in conjunction with the SMS-SOLSTICE® services ("Services")
and after registering each such personal computer for said Services; (b) use the
Server Software on a single server to provide the Services for internal use only
after registering the Server with SMS-SOLSTICE®; (c) copy the Software into any
computer for back-up purposes in support of your use of the Software and Services,
after successfully registering for said Services; and (d) transfer the programs
and license to another party as provided herein if the other party agrees in writing
to accept the terms and conditions of this Agreement. Any other use is strictly
prohibited. You may not use, copy, modify or transfer the Software or any copy,
in whole or in part, except as expressly provided in this Agreement. You agree not
to make any attempt to de-compile, disassemble or reverse engineer the Software
or otherwise discover or derive the source code or underlying processes, ideas,
structure, organization or algorithms of the Software.
If you transfer the programs to another party, you must at the same time either
transfer all copies whether in printed or computer readable form to the same party
or destroy any copies not transferred, including all modifications and portions
of the programs contained or merged into other programs. At the same time, you must
transfer the ownership of the Services associated with the transferred Software.
You must also comply with all applicable export laws. Any other attempt to transfer
the Software or Services is void.
COPYRIGHT
All intellectual property rights in the Software and user documentation are owned
by SMS-SOLSTICE® and as applicable its suppliers and are protected by United States
and EU copyright laws, other applicable laws and international treaty provisions.
SMS-SOLSTICE® and its suppliers retain all rights not expressly granted pursuant
to this agreement.
TERM
The license is effective for the period of time for which you have prepaid Solstice
Control Systems Ltd, unless sooner rejected or terminated. You may reject or terminate
the license at any time by destroying the Software together with all copies in any
form and by cancelling the associated Services. The license will terminate if you
fail to pay the fee set forth by SMS-SOLSTICE® for the Services associated with
the Software, within 30 days of the due date. It will also terminate upon conditions
set forth elsewhere in this Agreement or if you fail to comply with any term or
condition of this Agreement. You agree upon such termination to destroy the programs
together with all copies, in any form. All of your data will be deleted from SMS-SOLSTICE®
servers 60 days after the termination of this agreement.
LIMITED WARRANTY AND REMEDIES
SMS-SOLSTICE® warrants that the Software and Services will perform substantially
in accordance with the accompanying help file. SMS-SOLSTICE® undertakes to implement
reasonable precautions to ensure that all data received to their servers are protected
and available for retrieval by you as per the described service. This Limited Warranty
is void if failure of the Software or Services has resulted from an accident, abuse,
misapplication, or modification of the Software or Services. Except as expressly
set forth above, SMS-SOLSTICE® shall have no liability for the software or any services
provided, including any liability for negligence. SMS-SOLSTICE® makes and you receive
no other warranties, either express or implied, are made with respect to the software
or services, including but not limited to the implied warranties of merchantability
and fitness for a particular purpose, and SMS-SOLSTICE® expressly disclaims all
warranties not stated herein. SMS-SOLSTICE® entire liability and your exclusive
remedy shall be limited to the return of the fees paid by you for the software and
services should the software or services not meet this limited warranty. In no event
will SMS-SOLSTICE® be liable to you or any other person for any damages, including
any incidental or consequential damages, expenses, lost profits, lost savings, or
other damages arising out of use of or inability to use such software and services,
even if SMS-SOLSTICE® has been advised of the possibility of such potential loss
or damage.
No bailment or similar obligation is created between the Subscriber and SMS-SOLSTICE®
with respect to the Subscriber's stored encrypted data.
The Subscriber is solely responsible for maintaining the confidentiality of Passwords,
including restricting the use of the Password by anyone other than the Subscriber.
The Subscriber shall be responsible for all use of the Service accessed through
the Subscriber's Password.
SMS-SOLSTICE® shall not have any responsibility or obligation to the Subscriber
or any other Users of the Service to monitor supervise or oversee the contents of
encrypted files stored on the Service.
USE OF THE FREE SMS SERVICE
You are limited to the maximum of 5 SMS (texts) with the maximum of 470 characters
per transaction of use of the Free SMS Services. SMS-SOLSTICE® can at anytime disable/delete
this service without prior notice.
SMS-SOLSTICE® makes no guarantee that any data sent using the Free Service will
be processed or delivered in any form.
SMS-SOLSTICE® shall have no liability for failed delivery of Free SMS Service, failure
to provide this service, data sent using this service.
The Subscriber shall be responsible for all use of the Service accessed through
the Subscriber's Password.
USE OF THE SMS-SOLSTICE® SMS Services (Quit Smoke, Love SMS etc)
The End User is the person(s) of who receive this SMS service to their Mobile Phone
Device.
You accept that should the End User, including yourself , of the SMS Service Programs
Rejects, Cancels or are unable to received the requested Service SMS, you will still
be charge the full price of this service.
SMS-SOLSTICE® will only credit you the total amount paid by you, for this service,
should there be a system failure on our side of which causes the failure of this
service. Under no other circumstances will a credit be applied to your account.
You declare that you have full written permission from the End User (if not yourself)
to send this service to the End User.
You accept that the End User of this service, if not yourself, has the right to
cancel this service without your approval, knowledge and without having to contact
you.
You accept that you will not be informed of such cancellation and any requests made
to SMS-SOLSTICE® with reference to such cancellation will not be answered.
You accept that the End User, if not yourself, has the right to report your request
of this service to any Authorises governing the provision of this type service.
You accept that the End User, if not yourself, can request all your person details,
such as name, contact details, Address, IP location, Phone Company, stored by SMS-SOLSTICE®
and use such information for the sole and only purpose of pursuing you for any damages,
labile actions, disclosures of their information and all other legal actions, not
listed here, in conjunction with this service.
You accept that there is no guarantee that this program will work. You and the End
User are advised to seek professional advice about quitting smoking.
SMS-SOLSTICE® makes and you and the End User receive no warranties, either express
or implied, with respect to this service.
You bear full reasonability of any action taken by the End User.
Ask A Friend To Join Program, And Afflilate Program
5 Free Personal Credits will be issued to your account once your Friend has successfully
joined and Confirm their phone number.
5 Free Personal Credits will only be issued on unique new users joining SMS-SOLSTICE®
for the first time.
SMS-SOLSTICE® may cancel this service at anytime without prior notice.
The Maximum 50 Credits per day can be issued. If you believe you can bring more
than ten new, unique users to SassyToll then contact Support of who may release
this restriction.
Fraudulent signs up in any form will result in all free credits been removed from
your account, paid credits will not be affected.
You agreed NOT to engage any system of which is Spam or is considered to be Spam.
You agreed NOT to place your Affiliate Link on any Online service, for example,
blogs websites etc of which are deemed to an Adult Online service of which the end
user is required to be over 18 years of age, these websites include but not limited
to, Adult, Porn, Violence, Terror, Spam, Death, Misleading, Pinching.
SMS-SOLSTICE® reserves the right to cancel your Affiliate link at anytime for any reason
it feels fit, to protect the users/staff of SMS-SOLSTICE® service, and remove some/all
free Personal Credits gained by you. You have the right to appeal this decision
by contacting support. SMS-SOLSTICE® will make all final decisions in these appeals.
No Cash alternative is offered.
YOUR COVENANTS
During the term of this Agreement you will not use the Services for information,
data or material that (a) infringes on the intellectual property rights of any third
party or any rights of publicity or privacy; (b) violates any law, statute, ordinance
or regulation (including but not limited to the laws and regulations governing export
control, unfair competition, anti-discrimination or false advertising); (c) is defamatory,
trade libellous, unlawfully threatening, or unlawfully harassing; (d) is obscene,
pornographic or indecent in violation of applicable law; (e) contains any virus
or other programming routine intended to damage any system or data; or (f) is provided
in breach of any prior contractual commitment to any third party.
GENERAL
These terms and conditions shall be governed by and construed in accordance with
the laws of the Republic of Ireland, and the parties hereby submit to the exclusive
jurisdiction of the Irish courts to settle any disputes which may arise in connection
with these terms and conditions.
Revision: 05 November 2010