User`s guide
Contents
Smith Micro Software, Inc.
Single-User License Agreement and Limited Warranty
CAREFULLY READ THE FOLLOWING HOTFAX MESSAGECENTER SOFTWARE LICENSE,
LIMITED WARRANTY, AND LIMITATION OF LIABILITY (THE “SOFTWARE LICENSE”). BY
USING ANY OF THE ITEMS IN THIS PACKAGE, YOU ACCEPT THE TERMS OF THIS
SOFTWARE LICENSE. IF YOU DO NOT ACCEPT THE TERMS OF THIS SOFTWARE
LICENSE, PROMPTLY RETURN THE UNOPENED AND UNUSED PACKAGE TO YOUR
DEALER FOR A FULL REFUND.
Software License
1. Grant of Licensee. Smith Micro Software, Inc. grants you a nonexclusive right to operate this
copy of Smith Micro Software, Inc.’s HotFax MessageCenter software on one Host and one
remote computer. “Software” also includes any modifications or upgrades to the Software that
you receive from Smith Micro Software, Inc. under this Software License. This Software License
will terminate automatically without notice from Smith Micro Software, Inc. if you fail to
comply with any provision of this agreement. Upon termination, you will return or, at Smith
Micro Software, Inc.’s request, destroy the accompanying written materials and all copies of the
Software.
2. Copyright. The Software is licensed, not sold, to you. The Software is owned by Smith Micro
Software, Inc., and is protected by the copyright laws of the United States and by international
treaties. You may not copy the Software, except that you may load the Software into your
computer as part of executing the program, and you may make one copy of the Software solely
for backup purposes. You must reproduce and include the copyright notice on any backup copy.
Any copy of the Software made by you will be the property of Smith Micro Software, Inc. and is
subject to this agreement.
3. Transfer and Use Restrictions. You may not sell, license, lend, or otherwise transfer the
Software to others, except that you may transfer all (but not less than all) of the Software to
another person subject to this Software License. You may physically transfer the Software from
one computer to another owned by you as long as the Software is used on only one Host and one
remote computer at a time. You may not electronically transfer the Software from one computer
to another over a network. You may not distribute copies of the Software or accompanying
written materials to others. Except as set forth in the user documentation, you may not modify,
adapt, translate, or create derivative works based on the Software or on the written materials.
Limited Warranty
1. Limited Warranty. Upon delivery by Smith Micro Software, Inc. or Smith Micro Software,
Inc.’s dealer to you, Smith Micro Software, Inc. warrants that the disks on which the Software is
furnished will be free from defects in materials and workmanship, and the Software will perform
substantially in accordance with the specifications stated in the accompanying written materials.
Smith Micro Software, Inc. does not warrant that the Software is free from error. This Limited
Warranty is void if the failure of the Software has resulted from your improper use or
misapplication of it. This Limited Warranty gives you specific legal rights, and you may also
have other rights, which vary from state to state.
2. Customer Remedies. If the Software does not comply with the Limited Warranty, you may
return all copies of the Software to Smith Micro Software, Inc. or Smith Micro Software, Inc.’s
dealer with a copy of your receipt within 30 days of the date you received the Software, and
Smith Micro Software, Inc. will use reasonable efforts to correct the noncompliance either by, at
Smith Micro Software, Inc.’s option: (a) repair or replacement of the Software, or (b) return of
the price paid. Any replacement or updated Software will be warranted for the remainder of the
original 30-day warranty period or 15 days from the date you received the replacement or update,
whichever is longer.
3. Exclusive Remedy. The remedy provided under section 2 of this Limited Warranty is your
exclusive remedy, and the Limited Warranty is in lieu of all other express warranties, obligations,
iv HotFax MessageCenter User's Guide