Liaison Software Corporation
Hours: 7:00am to 4:00pm (Pacific Time)
Messenger« and Liaison Messenger« are Registered Trademarks of Liaison Software
Corporation in the United States and Canada.
Liaison Software Corporation,
Liaison Messenger EDD, and Liaison Messenger i-PDF are trademarks or Service
Marks of Liaison Software Corporation.
Liaison CRM and Liaison Messenger i-PDF are trademarks or Service Marks of
Liaison Software Corporation.
ęCopyright 1993 - 2012
All Rights Reserved
Software License Agreement
The Software or Firmware, referred to as “Program”, is licensed not sold.
Liaison Software Corporation, or the applicable Liaison Software Country
organization, grants you a license for the Program only in the country for which
it was acquired. You obtain no rights other than those granted you under this
The term “Program” means the original and all whole or partial copies of it,
including modified copies or portions merged into other programs. Liaison
Software Corporation retains title to the Program. Liaison Software Corporation
owns, or has licensed from the owner, copyrights in the Program.
You are responsible for the selection of the Program and for the installation
of, use of, and results obtained from the Program.
Under this license, you may: 1) Use the Program on only one machine at any one
time for the Single-user version of the program and on only one server at any
one time for the multi-user version of the Program. When data and programs are
on different servers, a multi-server or WAN (Wide Area Network) license is
required. 2) Copy the Program for backup. 3) Transfer possession of the Program
to another party.
If you transfer the Program, you must transfer a copy of this license, all other
documentation, and at least one complete, unaltered copy of the Program to the
other party. You must, at the same time, either transfer all of your other
copies of the Program to the other party or destroy them. Your license is then
terminated. The other party agrees to these terms and conditions by its first
use of the Program.
You may not: 1) Use, copy, modify, merge, or transfer copies of the program
except as provided in this license. 2) Reverse assemble or reverse compile the
Program. 3) Sublicense, rent, lease, or assign the Program.
2. Limited Warranty
The Programs are not warranted and are licensed on an “AS IS” basis by Liaison
Software Corporation. All Programs have a 30 day limited warranty on their
media, which commences from the date of purchase.
THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES (OR CONDITIONS), EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SOME JURISIDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
3. Limitations Of Remedies
Liaison Software Corporation entire liability and your exclusive remedy shall
be: 1) The replacement of any diskette not meeting the “Limited Warranty” and
which is returned to Liaison Software Corporation along with your original
If Liaison Software Corporation is unable to deliver a replacement diskette,
which is free from defects in materials or workmanship, you may terminate this
Agreement by returning the programs, documentation, hardware and any other
materials provided, within 90 days of purchase, and your money will be refunded.
IN NO EVENT WILL LIAISON SOFTWARE CORPORATION BE LIABLE TO YOU FOR ANY DAMAGES,
INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE LIAISON SOFTWARE CORPORATION
PROGRAMS OR HARDWARE EVEN IF LIAISON SOFTWARE CORPORATION HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
4. General Provisions
You may terminate your license at any time. Liaison
Software Corporation may terminate your license if you fail to comply with the
terms and conditions of this license.
In either event, you must destroy all your copies of the Program. You may
not sublicense, assign or transfer this license, programs, or the program
documentation except as expressly provided for in this Agreement. Any attempt
otherwise to sublicense, assign or transfer any of the rights, duties, or
obligations hereunder is null and void.
You are responsible for payment of any taxes, resulting from this
license. Neither party may bring an action, regardless of form, more than two
years after the cause of action arose. If you acquired the Program in the United
States, the laws of the state of California govern this license. If you acquired
the Program in Canada, the laws of the Province of Ontario govern this license.
Otherwise, this license is governed by the laws of the country in which you
acquired the Program.
Intellectual Property Rights
a) RESELLER recognizes LIAISON's and/or the relevant manufacturer(s) right,
title and interest in and to the rights to patents, design, utility models,
software architecture and coding methodology, trademarks, trade names, know-how,
trade secrets, copyright, photography rights and other industrial and
intellectual property rights, hereafter collectively referred to as
"Intellectual Property Rights", relating to the Products. b) Specifically, all
right, title and interest in and to the Intellectual Property Rights relating to
the Products shall at all times remain the property of LIAISON and/or the
manufacturer(s) and RESELLER shall not use any Intellectual Property Rights in
any manner except as permitted in this Agreement or by prior written
authorization of LIAISON and/or the manufacturer(s). c) RESELLER shall not
remove or alter any Intellectual Property Rights notice associated with the
Products without the express written permission of LIAISON and/or the
manufacturer(s). d) RESELLER agrees that it will not de-compile, reverse
engineer, or otherwise in any manner attempt to derive or have derived the
source code for the Products, except to the extent allowed under applicable law.
e) RESELLER agrees that it will not use the provided Not For Resale products to
develop a product, which may compete with Liaison Software Corporation or the
products of Liaison Software Corporation. f) RESELLER agrees not to lend,
borrow, resell, or reassign the provided products to any 3rd Party
who may develop, produce or resell a competing product or who may compete with
Liaison Software Corporation.
Technical Support and Maintenance Agreement
of the annual maintenance and support services fee, Liaison Software
Corporationę doing business as Liaison, (“Liaison”) will provide the following
maintenance and support services to the registered user (“you”) for Liaison
Messenger« software (the “Software”) during the Term:
AND SUPPORT BENEFITS.
All (a) updates for the installed and registered Software (including
related documentation) commercially released by Liaison during the Term (updates
consist of new releases of a particular software version which provide
functional enhancements and error corrections which are indicated by a change in
the numeric identifier in the digits to the right of the decimal such as from
version .0 to version .0a). In addition, Liaison shall provide a discount on
version and product upgrades to the Software that are commercially released by
Liaison during the Term (version upgrades consist of new releases with a higher
version number such as from 2.x to 3.x.)
Liaison shall provide unlimited telephone and facsimile support. The hours of
support of operation are 7:00a.m. to 4:00 p.m. Pacific Standard Time, during
normal business hours (Monday through Friday), excluding holidays. The
registered user shall appoint up to two (2) individuals within its organization
to serve as the primary contacts between Liaison and the registered user, and to
receive support through the telephone support center. The registered user can
increase the number of permissible contacts subject to payment to Liaison of
additional fees. Phone support will be offered for the current release, plus one
release back (e.g., releases 4.0 and 3.0).
facsimile support does not include customization to templates, custom templates
or filters made by the registered user or consultant employed by the registered
user. Any necessary support to templates, custom templates or filters is
billable by Liaison at the current hourly rate per hour. At the discretion of
Liaison Software Corporation, Liaison may require prepayment before
modifications are completed.
Liaison warrants that the support services will be performed in a professional
workmanlike manner. EXCEPT FOR THE EXPRESS WARRANTY PROVIDED ABOVE, THE SUPPORT
SERVICES ARE PROVIDED “AS IS” AND WITHOUT A WARRANTY OF ANY KIND, WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND LIAISON SPECIFICALLY DISCLAIMS ANY
IMPLIED WARRANTY, TERM OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT AND
FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Liaison’s entire liability to you or any other party for any loss or damage
resulting from any claims, demands or actions arising out of this Agreement
shall not exceed the annual maintenance and support fee paid to Liaison for the
software, net of dealer or distributor margins, notwithstanding any failure of
essential purpose of any limited remedy.
FOR CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL LIAISON OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT,
INCIDENTIAL, CONSEQUENTIALS, SPECIAL OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR
INABILITY TO USE THE SOFTWARE OR THE PERFORMANCE OR FAILURE TO PERFORM SUPPORT
SERVICES, EVEN IF LIAISON OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
Upon payment of the annual maintenance and support services fee, this document
certifies that the registered user identified on the accompanying invoice is
entitled to receive the maintenance and support services described herein for
the one (1) year period specified on the invoice (the “Term”). The Term may be
renewed for successive one (1) year periods. The registered user will be
invoiced for annual renewals, and the Term will be appropriately renewed, unless
Liaison receives written notification canceling the subscription 60 days
prior to the expiration date of the
Term. If the registered user does not pay such invoice by the expiration of the
then-current Term, the registered user shall not be entitled to receive the
maintenance described herein, and the Term will not be renewed or extended.
If you allow your maintenance and support plan to expire and desire to resume
maintenance and support, you must pay a reinstatement fee for lapsed coverage of
software maintenance and support in accordance with Liaison’s then current
maintenance and support program. If you cancel your subscription to maintenance
and support at any time during the Term of your subscription period, no refund,
pro-rated or otherwise, will be given. This agreement is for one plan, per
registered user, for all registered modules.
If the use of a specific licensed and registered module is discontinued,
a letter must be sent on a company letterhead prior to the commencement of the
next subscription period (signed by an officer of the company) indicating that
the company is no longer using the module.
If you acquired the Software in the United States, this Agreement is governed by
the laws of the State of California.
If you acquired this product in Australia, New Zealand, Canada, Hong Kong,
Singapore or the United Kingdom, this agreement is governed by the laws of New
South Wales, New Zealand, the province of Ontario, Hong Kong, Singapore or
Should you have any questions about this
Agreement, you may contact Liaison Software Corporation by writing to 601 N.
Parkcenter Dr, Suite 201, Santa Ana, CA 92705