Contents


Copyright

SendStuffNow(TM)
Copyright 2010, Smith Micro Software, All Rights Reserved.

  • This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)
  • This product includes software written by Tim Hudson (tjh@cryptsoft.com)

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Terms of Service

IN ORDER TO USE THE SMITH MICRO SOFTWARE, INC. (“SMSI”) SERVICE, YOU MUST ACCEPT THESE TERMS AND CONDTIONS OF SERVICE. THESE TERMS AND CONDITIONS OF SERVICE SHALL BECOME EFFECTIVE ON THE DATE YOU ACCEPT THIS AGREEMENT OR UPON PAYMENT AND/OR USE OF THE SERVICE BY YOU, WHICHEVER OCCURS EARLIER (“EFFECTIVE DATE”). THIS AGREEMENT IS BETWEEN YOU AND SMSI CONCERNING YOUR USE OF THE SERVICE.

BY PAYING AND/OR USING THE SMSI SERVICE, YOU ARE AGREEING TO BE BOUND BY: (I) THESE TERMS AND CONDITIONS OF SERVICE, (II) SMSI PRIVACY POLICY AND (III) SMSI TERMS AND CONDITIONS OF THE SITE (COLLECTIVELY REFERRED TO HEREINAFTER AS, “AGREEMENT”). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. USING ANY PART OF THE SERVICE INDICATES THAT YOU ACCEPT THIS AGREEMENT.

IF YOU ARE AN EMPLOYEE OF A COMPANY AND ACCEPTING THIS AGREEMENT ON BEHALF OF SUCH COMPANY, BY YOUR ACCEPTANCE OF THIS AGREEMENT, YOU REPRESENT AND WARRANT THAT (I) YOU HAVE BEEN AND ARE ON THE EFFECTIVE DATE OF THIS AGREEMENT DULY AUTHORIZED TO ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, (II) YOU DO SO ON BEHALF OF THE COMPANY WITH EXPRESS AUTHORIZATION OF THE COMPANY THAT YOU AND THE COMPANY SHALL BE BOUND BY THIS AGREEMENT WITH RESPECT TO YOUR AND THE COMPANY’S USE OF THE SERVICE, AND (III) YOU OBTAINED PROPER CONSENT, PERMISSION AND AUTHORITY TO USE THE SERVICE ON BEHALF OF THE COMPANY. IF THIS PARAGRAPH APPLIES TO YOU AND YOU DO NOT HAVE THE FOREGOING AUTHORITY, DO NOT USE THE SERVICE. FOR PURPOSES OF THIS PARAGRAPH, “COMPANY” MEANS ANY BUSINESS OR CORPORATE ENTITY.

DEFINITIONS
“Fee” means the applicable periodic amount payable by You in advance in connection with Your Use of the Service. You will find more information regarding the Fees at: www.sendstuffnow.com.

“File(s)” mean(s) all audio, video, multimedia, data, text, images, document, computer programs and any other information or materials uploaded by or on behalf of You in connection with the Use of the Service.

“Service(s)” means any of the SMSI proprietary File storage and transmission services as selected by You in the Site. To view a more detailed description of the Service, and the features associated with different account types, please go to the following URL: www.sendstuffnow.com.

“Term” means the period from the Effective Date until expired or terminated as set forth in these Terms and Conditions of Service.

“Site” means the following SMSI URL: www.sendstuffnow.com.

“Use” means any use of the Service, including without limitation, to access, upload, store, manage, transmit, publish, post, link to, deliver, distribute, or otherwise.

“You” or “Your” means an end user (whether individual or entity) Using the Service.

References to the singular include the plural and vice versa, and reference to one gender includes the other gender.

SERVICE LICENSE GRANT. Subject to these Terms and Conditions of Service, SMSI grants to You a personal, non-exclusive, non-transferable, terminable license (without right to sublicense) to Use the SMSI Service during the Term solely for the purposes of storing Files and sending Files to others.

Portions of the Service include third party software and other copyrighted material (collectively, “TPS”). Acknowledgements, licensing terms, restrictions and disclaimers of such TPS are contained in the “3rd Party Software” portion of the “Legal” section of the Site and Your use of such TPS is governed by such respective terms.

The only software needed to access the Service is a standard Web Browser. However, SMSI may make certain software applications available to You that offer additional ways to Use the Service. Such software will be made available by SMSI under the terms of an end user license agreement, which You will be requested to read prior to installing that software. SMSI is not responsible or liable for any equipment (hardware or software) You may need to be able to Use the SMSI Service.

You acknowledge and agree that You are responsible for independently and regularly reviewing the Site for the posting of any modified or changed version of these Terms and Conditions of Service, the SMSI Privacy Policy, and Terms and Conditions of the Site. Updates or changes made to the Agreement will be in accordance with the Terms and Conditions of the Site. If You do not agree to the modified or changed terms then You must cease all Use of the Service.

You acknowledge and agree that SMSI may, from time to time, at its sole discretion, establish revised practices and policies concerning Use of the Service, including without limitation, the maximum number of days that a File will be stored by the Service, the maximum number of times a user may access the Service in a given period of time, and the maximum number of recipients to which a user may send a File, and other limitations as otherwise determined by SMSI in its sole discretion. Notwithstanding the foregoing, the features and limitations in effect when You began Your then-current account type Term will remain in effect for the remainder of such account type Term.

Your Use of the Service as licensed hereunder may be subject to a Fee by SMSI. Fees are to be paid in United States Dollars. Other Service account types require periodic payments, depending upon the account type. You may request to upgrade or downgrade the Services provided to You through the Site, and the Fees payable will be amended accordingly for the next payment period. For further information about the Service account types, please go to the following URL: www.sendstuffnow.com.

You may not Use the Services, or accept the terms of this Agreement if (i) You are not of legal age to form a binding contract with SMSI, or (ii) You are prohibited by law from receiving or Using the Service.

RESTRICTIONS/OWNERSHIP. Except as permitted by applicable law and these Term and Conditions of Service, You may not decompile, reverse engineer, disassemble, translate, copy, alter, modify, license, rent, sell, lease, loan, distribute, create derivative works based upon the Service, or use the Service to develop any service or product. The Service is licensed to You, not sold, to You. You will comply with all applicable federal, state, local laws and ordinances now or hereafter enacted in connection with Your Use of the Service.

SMSI and/or its licensor(s) retain ownership of all right, title and interest to the Service and all intellectual property rights therein and thereto (including without limitation, all patent rights, design rights, copyrights, trademarks, proprietary rights, and trade secret rights). All rights in and to the Service not expressly granted to You are reserved by SMSI.

SMSI may modify, suspend, or discontinue, temporarily or permanently, the Service and may remove or delete any Files at any time, in its sole discretion. This Agreement does not provide to You any right to any enhancements, updates, or upgrades. SMSI may revise, modify or cease to provide the Service or its feature or functionality, or any part thereof, at any time without notice. Nothing in this Agreement obligates SMSI to make any version of the Service commercially available. Resale of the Services without SMSI’s prior written consent is expressly prohibited. It is strictly prohibited for You to use the Service in a manner other than as expressly set out in this Agreement.

SMSI does not verify, endorse, or claim any ownership rights in any Files that You store or make available to others through Use of the Service. However, by making such Files available through Use of the Service, You grant SMSI a non-exclusive, worldwide, perpetual, fully paid, royalty-free right under all intellectual property rights to use, copy, transmit, publicly display, publicly perform, distribute, transmit, reformat, store and process Your Files on and through the Service, with the right to sublicense this right to third parties assisting SMSI, solely for the purpose of providing, operating and maintaining the Service.

You have sole responsibility for all Your Files You store on SMSI’s servers through Use of the Service. You acknowledge and agree that SMSI will not be responsible for any failure of the Service to store a File, for the deletion of a File stored on the Service, or for the corruption or loss of any data, information or content contained in a File. If you maintain confidential information, trade secrets, or other sensitive information on the Service, You are solely responsible for implementing safeguards for such information that are in addition to the security measures the Service provides (see SMSI Privacy Policy). Notwithstanding the foregoing, SMSI shall use commercially reasonable efforts to block the uploading of Your Files to the Service that contain viruses that are detected by using industry standard virus detection software.

COPYRIGHT INFRINGEMENT NOTIFICATION. You will not Use the Service to transmit, route, provide connection to, upload or otherwise store or send any Files that infringes any copyrights or otherwise violates or promotes the violation of the intellectual property rights of any third party. SMSI has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who infringe or are believed to be infringing the rights of copyright holders. Please see Section 26 of the Terms and Conditions of the Site at the following URL: http://www.smithmicro.com/legal.aspx for further information. SMSI reserves the right, in its sole discretion, at any time, to remove Your Files that SMSI believes to be in violation of this Agreement.

RULES OF CONDUCT. In addition to Your compliance with the Rules of Conduct set forth in the Terms and Conditions of the Site, as they apply to the Services described in these Terms and Conditions of Service, Your Use of the Service is conditioned on Your compliance with the following rules of conduct set forth in this section. You agree that You will not:

• Upload or transmit any File that is unlawful or misleading; • Upload or transmit any File that You do not have the consent or permission of each identifiable person in the File to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the File); • Access, tamper with, or use any non-public areas of the Service; • Attempt to probe, scan, or test the vulnerability of the Service or any related system or network or breach of any security or authentication measures used in connection with the Service and such systems and networks.

At SMSI’s sole discretion, in the event You are in breach of this Section or in SMSI’s opinion, reasonably likely to become in breach, SMSI may suspend the Services immediately without notice or automatically terminate Your Use of the Service (as set forth in Section 8.1 below), and You hereby indemnify SMSI in full for any loss or damage suffered by SMSI as a result of Your breach.

SMSI reserves the right to investigate and prosecute violations of any of the foregoing (including, this Section and Rules of Conduct set forth in the Terms and Conditions of the Site) to the fullest extent of the law. SMSI may involve and cooperate with law enforcement authorities in prosecuting those that violate this Agreement.

You acknowledge and agree that, although SMSI has no obligation to monitor Your Use of the Service, SMSI has the right to do so for the purpose of operating the Service, to ensure Your compliance with this Agreement, or to comply with applicable law or order or requirement of a court of competent jurisdiction, administrative agency, or other governmental body. You agree that SMSI may disclose any and all of Your account information to any law enforcement agent with a valid subpoena for the information or as otherwise authorized or required by law without further consent or notification to You.

As between You and SMSI, You shall have sole responsibility for any and all third party information (e.g., personal identifiable information) in connection with Your Use of the Service, and SMSI shall have no responsibility in connection thereto. You shall comply with all data protection and privacy laws and rules applicable to any third party information used and submitted in connection with Your Use of the Service.

You represent and warrant that (a) You are the owner, licensor, or authorized user of all Files; and (b) You will not upload, record, publish, post, link to, or otherwise transmit or distribute Files that: (i) infringe or violate the copyright, patent, trademark, service mark, trade name, trade secret, or other proprietary or intellectual property rights of any third party or SMSI, or any rights of publicity or privacy of any party or (ii) Your use of the Service, including without limitation, Your storing and sending of Files will not violate any applicable law, statute, ordinance, or regulation.

RECIPIENT EMAILS ADDRESSES
As part of Your use of the Service, you may send a file to one or more recipients identified by a valid email address. Your message you create will be sent from SMSI on Your behalf to the email address(es) you enter in connection with Use of the Services. These email addresses will be stored in Your SendStuffNow Service account and will be used only for the purpose of sending the email communication to the addressee(s). The recipient of a file may contact SMSI at privacy@sendstuffnow.com to request that SMSI remove this information for our SendStuffNow Services database.

ACCOUNT/PAYMENT. In order for You to Use the Service, You must first register and create a SMSI account in connection with the Service. In creating an account, You agree to provide and maintain accurate, current and complete information, SMSI will have no liability for failure to deliver notices that result from inaccurate, not current and/or incomplete information. Your password and log-on information are confidential to You and You hereby agree that You shall not share such information with any third parties. You are responsible for safeguarding such information. You agree to take sole responsibility for any activities or actions under Your password, whether or not You have authorized such activities or actions. You shall promptly notify SMSI if You are aware of any third party having access to such information.

In addition to Your primary email address, You will have the ability to enter alternate email addresses to which Your primary email address will be linked. This will enable You to receive Files at Your alternate email address, but the Files will still be displayed in the inbox associated with Your primary email address. You agree not to add any alternate email addresses that are registered to persons other than You.

The SMSI Service account is subject to a Fee and is a subscription service with recurring charges on a yearly basis. You agree to pay all account charges, and to pay any applicable taxes and other fees that accrue in relation to Your Use of the Service. For more information about the Fees and available payment methods, please see the following: www.sendstuffnow.com.

AVAILABILITY AND SCHEDULED MAINTENANCE. SMSI shall use reasonable efforts to ensure that Use of the Service is available at all times, subject to planned, emergency and unforeseen downtime. SMSI performs regular maintenance to ensure that the Service is available to You. SMSI will use reasonable efforts to minimize disruptions (whether within or beyond SMSI’s control), to the extent it is within SMSI’s reasonable control. SMSI uses reasonable efforts to ensure that the Service is available during maintenance times. SMSI shall not be liable for any Service unavailability.

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE LICENSED HEREUNDER IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, SMSI, ITS SUPPLIERS, DISTRIBUTORS AND ANY LICENSOR(S) EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. SMSI DOES NOT WARRANT THAT THE FEATURES AND FUNCTIONS OF THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR ACCESSIBLE, OR THAT SMSI’S SERVERS AND SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT SMSI’S SECURITY PROCEDURES AND MECHANISMS WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO YOUR INFORMATION (INCLUDING THIRD PARTY INFORMATION YOU PROVIDE) OR FILES BY THIRD PARTIES. FURTHERMORE, SMSI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SMSI OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

PRIVACY. In addition to the type of information set forth elsewhere in these Terms and Conditions of Service and in the SMSI Privacy Policy, SMSI may collect certain information regarding Your Use of the Service in order to log Your Use of the Service. SMSI may collect other non-personally identifiable information form You regarding Your Use of the Service (e.g., features You utilize within the Service). SMSI uses the information referenced in this Section to support, provide, operate, maintain, support and improve the Service, and if You have opted-in to receive communications from SMSI, to send to You communications about SMSI and its products and services.

CONSENT TO TRANSFER, PROCESSING AND STORAGE OF INFORMATION. The Site is operated in the United States of America. If You are located in the European Union, Canada or elsewhere outside of the United States of America, please be aware that any Files and information You provide pursuant to your Use of the Service will be transferred to the United States of America. SMSI may transfer your Files and information, including without limitation, PII (as defined in the SMSI Privacy Policy), to SMSI in the United States of America or to third parties acting on behalf of SMSI, for the purposes of processing or storage, and by using the Site You fully understand and unambiguously consent to the transfer, processing and storage of such Files and information (e.g., PII) in the United States of America.

SECURITY. SMSI has implemented technical safeguards and procedures to help protect communications with the Service including communication of Files. In addition, SMSI will only disclose in accordance with instructions provided by You through Use of the Service, as set forth in this Agreement and as otherwise provided in the SMSI Privacy Policy, as applicable. Notwithstanding the foregoing, the security of communications sent over the Internet (including electronic mail) is subject to many factors outside of SMSI’s control and due to continual development of technology (e.g., virus, disabling code, etc.), SMSI does not guarantee the security or privacy of such communications. For more information on the security measures SMSI has implemented with respect to the Services, please see the Site security statement (if available).

SERVICE-RELATED COMMUNICATION. Notwithstanding any communications preferences indicated by You, SMSI may send to You Service-related electronic mails (e-mails) regarding Service maintenance events or modifications to the functionality or delivery of the Service.

FEEDBACK. By submitting ideas, suggestions, documents and/or proposals (“Feedback”) to SMSI, You acknowledge and agree that: (i) You have all the rights necessary to provide Your Feedback under the terms of this Section; (ii) SMSI is not under any obligations of confidentiality, express or implied, with respect to the Feedback; (iii) SMSI, in its discretion, shall be entitled to use and disclose such Feedback for any purpose, in any way, in any media worldwide; (iv) SMSI may have something similar to the Feedback already under consideration or in development; (v) the Feedback will automatically become SMSI’s property without any obligation to You; and (vi) You are not entitled to any compensation or reimbursement of any kind from SMSI under any circumstances.

TERMINATION. Your rights to Use the Service will terminate automatically without notice if You fail to comply with any term(s) of the Agreement, and SMSI will not be required to refund any Fees paid by You. Termination of the Service for Your failure to comply with any term(s) of this Agreement is not an exclusive remedy for SMSI; all other remedies will be available to SMSI whether or not this Agreement is terminated.

SMSI reserves the right to discontinue the Service or to change the Service at any time and without notice. In the event of such discontinuation by SMSI, SMSI will refund any Fees paid by You, prorated proportionally to the amount of time remaining in the then-current Service Term. For purposes of clarity, for month-to-month Service Term, the amount of time is one month, and, for an annual Service Term, the amount of time is one year.

SMSI stores Your information provided in accordance with SMSI’s then-current storage policies. If You do not Use the Service for a period of three (3) months or more, SMSI may at its discretion remove and/or purge Your data, Files and account from the system and terminate the Services without notice.

EFFECT OF EXPIRATION OR TERMINATION. Upon expiration or termination of this Agreement, Your limited license rights granted hereunder shall terminate and You shall immediately (a) cease Use of the Service and (b) SMSI shall at its own discretion remove and/or purge Your data, Files and account from the system.

Regardless of any termination or expiration of this Agreement, Sections titled “Definitions,” “Restrictions/Ownership,” “Disclaimer of Warranty,” “Termination,” “Effective of Expiration or Termination,” “No Liability,” “Limitation of Liability,” “Indemnity,” “Force Majeure,” “Assignment,” “No Waiver,” “Controlling Law and Severability,” and “Complete Agreement” shall survive.

NO LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT SMSI AND ITS LICENSORS WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM: (I) YOUR USE OF THE SERVICE AS LICENSED HEREIN, (II) ANY DELAY OR FAILURE TO PROVIDE THE SERVICE THAT IS DUE TO THIRD PARTIES, OR (III) CREDIT CARD FRAUD COMMITTED AGAINST YOU BY ANY THIRD PARTY PROVIDER OR CREDIT CARD SERVICES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL SMSI’S AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING FROM THIS AGREEMENT, THE SERVICE OR OTHERWISE, SHALL BE LIMITED TO THE MONIES PAID TO SMSI BY YOU FOR THE SERVICE SUBJECT TO THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN.

LIMITATION OF LIABILITY. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, TO THE EXTENT PERMITTED BY THE LAW OF THE JURISDICTION IN WHICH YOU OBTAINED THIS AGREEMENT, SMSI, ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY CHARACTER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR COMPUTER MALFUNCTION, LOSS OF INFORMATION, LOST PROFITS, INCOME OR BUSINESS (WHETHER DIRECT OR INDIRECT), LOSS OF OR CORRUPTION TO DATA AND BUSINESS INTERRUPTION, AND THE COST TO OBTAIN SUBSTITUTE PRODUCT, ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE USE OF (OR INABILITY TO USE) THE SERVICE HOWEVER CAUSED AND WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SMSI, ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF SMSI FOR DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF SMSI OR ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

INDEMNITY. You agree to indemnify, defend and hold SMSI, its officers, directors, affiliates, employees and agents harmless from and against any and all claims, liabilities, damages, losses, and costs, including without limitation, reasonable attorneys’ fees incurred in connection with, relating to or arising out of Your Use or misuse of the Service, from Your Files, or Your violation of the Agreement.

FORCE MAJEURE. Other than obligations to pay the Fees due and owing to SMSI by You, a party will be excused for delays resulting from circumstances beyond the reasonable control of such party so long as such party provides the other party with prompt written notice describing the condition and immediately continues performance whenever and to the extent such causes are removed.

ASSIGNMENT. You will not assign, in any manner, any right, obligation or interest in or under this Agreement without the prior written consent of SMSI. This Agreement shall bind and inure to the benefit of the permitted successors and assigns of the parties of this Agreement.

NO WAIVER. The failure by SMSI to enforce any provision of this Agreement will not be deemed a present or future waiver of that or any other provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by SMSI.

EXPORT LAW ASSURANCES. The export and re-export of certain Files are controlled and governed by the laws and regulations of the United States and import laws and regulations of certain other countries. You agree to comply with applicable export or re-export laws in connection with Your Use of the Service, including without limitation, the Denied Parties List and other lists promulgated by various agencies of the United States Federal Government. You warrant that You are not a national of Cuba, Iran, North Korea, Sudan, Syria or any country to which the United States embargoes goods, and that You are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

CONTROLLING LAW AND SEVERABILITY. This Agreement shall be governed by the laws of the United States and the State of California, as though performed wholly within California and without giving effect to the principles of conflict of laws. Exclusive jurisdiction over and venue of any suit arising out of or relating to this Agreement will be in the state and federal courts of Orange County, California. The United Nations Convention on Contracts for the International Sale of Goods will not apply. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be void or unenforceable, the remainder of this Agreement shall continue in full force and effect. In the event any suit or other action is commenced to construe or enforce any provision of this Agreement, the prevailing party shall be entitled to reimbursement for all reasonable attorneys’ fees and court costs.

LANGUAGE. It is the express wish of the parties that the Agreement and all related documents have been drawn up in English and that the English version of the Agreement shall be the sole version used in the interpreting and enforcing these Terms and Conditions of Service.

TRADEMARKS. Smith Micro Software and SendStuffNow are trademarks of Smith Micro Software, Inc. There may be other product names mentioned in the Service, the Documentation, or other documentation or materials are used for identification purposes only and may be trademarks or registered trademarks of their respective companies. Registered and unregistered trademarks used herein are the exclusive property of their respective owners. You may not remove, modify, alter, cover or deface any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Service and Documentation. This Agreement does not authorize You to use SMSI’s or other names or their respective trademarks.

COMPLETE AGREEMENT. The Agreement constitutes the entire agreement between the parties with respect to the license by SMSI to Use the Service and supersedes all prior or contemporaneous understandings regarding such subject matter. You and SMSI are independent contractors and neither party shall act or represent itself, directly or by implication, as an agent of the other party. The Agreement may not be modified except by written document executed by a duly authorized representative of SMSI. The section and sub-section headings used in this Agreement are for reference and convenience only and shall not be considered an interpretation of this Agreement. In the event of any conflict between these Terms and Conditions of Service and the Terms and Conditions of the Site or SMSI Privacy Policy, the terms and conditions of these Terms and Condition of Service will control. You may be subject to additional terms and conditions that may apply when You use or purchase certain other SMSI services or other third-party content software or services.

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3rd Party Software

SendStuffNow and it's clients utilize some 3rd party software for select features. Licenses for this software are reproduced below. (Note: your copy of this product may not contain code covered by one or more of the licenses listed here, depending on the exact product and version you choose.)

SWFUpload

http://www.swfupload.org, http://swfupload.googlecode.com
mmSWFUpload 1.0: Flash upload dialog - http://profandesign.se/swfupload/, http://www.vinterwebb.se/
SWFUpload is (c) 2006-2007 Lars Huring, Olov Nilzén and Mammon Media and is released under the MIT License: http://www.opensource.org/licenses/mit-license.php
SWFUpload 2 is (c) 2007-2008 Jake Roberts and is released under the MIT License: http://www.opensource.org/licenses/mit-license.php

SWFObject

SWFObject v2.2 http://code.google.com/p/swfobject/ is released under the MIT License http://www.opensource.org/licenses/mit-license.php

UrlRewritingNet

UrlRewritingNet.UrlRewrite
Version 2.0
Copyright 2006 by Albert Weinert and Thomas Bandt. http://der-albert.com, http://blog.thomasbandt.de
This library is offered "as it is", without any warranty. The library can be used for free in free and commercial projects. If this library is offered others his has to be free of charge. It is allowd to change the source code for own needs. By improving the changed/improved code has to be published, either by sending the code to us or by making it available on a own website (if so, you have to notify us). This is no promise for implementing the changed code in the next release. This copyright notice has to be placed in the source code. It is not allowed to create a commercial rewrite engine based on this library! Based on http://weblogs.asp.net/fmarguerie/archive/2004/11/18/265719.aspx
For further informations see: http://www.urlrewriting.net/

CSV Reader

http://www.codeproject.com/KB/database/CsvReader.aspx

LibCurl

COPYRIGHT AND PERMISSION NOTICE
Copyright (c) 1996 - 2007, Daniel Stenberg, daniel@haxx.se.
All rights reserved.
Permission to use, copy, modify, and distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization of the copyright holder.

LibXML2

Copyright (C) 1998-2003 Daniel Veillard. All Rights Reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE DANIEL VEILLARD BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Except as contained in this notice, the name of Daniel Veillard shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization from him.

OpenSSL

Copyright (c) 1998-2008 The OpenSSL Project. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  3. All advertising materials mentioning features or use of this software must display the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)"
  4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact openssl-core@openssl.org.
  5. Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project.
  6. Redistributions of any form whatsoever must retain the following acknowledgment:
    "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)"
THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

This product includes cryptographic software written by Eric Young (eay@cryptsoft.com). This product includes software written by Tim Hudson (tjh@cryptsoft.com).
Original SSLeay License
Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com) All rights reserved.
This package is an SSL implementation written by Eric Young (eay@cryptsoft.com).
The implementation was written so as to conform with Netscapes SSL.
This library is free for commercial and non-commercial use as long as the following conditions are aheared to. The following conditions apply to all code found in this distribution, be it the RC4, RSA, lhash, DES, etc., code; not just the SSL code. The SSL documentation included with this distribution is covered by the same copyright terms except that the holder is Tim Hudson (tjh@cryptsoft.com).
Copyright remains Eric Young's, and as such any Copyright notices in the code are not to be removed. If this package is used in a product, Eric Young should be given attribution as the author of the parts of the library used. This can be in the form of a textual message at program startup or in documentation (online or textual) provided with the package.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
  1. Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer.
  2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  3. All advertising materials mentioning features or use of this software must display the following acknowledgement:
    "This product includes cryptographic software written by Eric Young (eay@cryptsoft.com)"
    The word 'cryptographic' can be left out if the rouines from the library being used are not cryptographic related :-).
  4. If you include any Windows specific code (or a derivative thereof) from the apps directory (application code) you must include an acknowledgement:
    "This product includes software written by Tim Hudson (tjh@cryptsoft.com)"
THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The licence and distribution terms for any publically available version or derivative of this code cannot be changed. i.e. this code cannot simply be copied and put under another distribution licence [including the GNU Public Licence.]

asi-http-request

Copyright (c) 2007-2010, All-Seeing Interactive
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  • Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  • Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  • Neither the name of the All-Seeing Interactive nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY All-Seeing Interactive ''AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL All-Seeing Interactive BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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End User License Agreement

Smith Micro License Agreement

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE SOFTWARE. BY INSTALLING AND USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.

LICENSE

The software accompanying this License whether on disk, CD, or on any other media (collectively the "Software") is licensed, not sold, to you. You own the media on which the Software is recorded but Smith Micro Software, Inc. (“SMSI”) and/or its licensor(s) retain title to the Software. Your use of the Software and any copies which this License authorizes you to make are subject to this License.

PERMITTED USES AND RESTRICTIONS

This License allows you to install and execute the Software on a single computer or digital device at a time, unless you have multiple licenses for the Software, then at any time you may concurrently execute as many instances of the Software as you have licenses. You may make one copy of the Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as permitted by applicable law and this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, create derivative works from the Software (including subcomponents and files therein) or transmit the Software (including subcomponents and files therein) over a network. Your rights under this License will terminate automatically without notice if you fail to comply with any term(s) of this License.

UPDATES

From time to time, updates to the Software may be made available to you. If you elect not to receive an update, you may expose the Software to (i) serious security threats; (ii) some features or functionality within the Software may become inoperable and/or inaccessible; and/or (iii) the Software may become entirely inoperable. The terms of this License will apply to any such updates unless the update in question is accompanied by a separate license, in which case, the terms of that license will apply.

SERVICES

This Software may be bundled with or provide access to an SMSI or a third party service offering, and this License does not apply to such service offering(s). You acknowledge and agree that nothing in this License guarantees availability or continued availability of such service offering(s). Any services associated with the Software provided by SMSI are subject to terms and conditions separately provided by SMSI. Any services associated with the Software provided by a third party may be subject to terms and conditions provided by the provider of the service. SMSI makes no representations as to the quality, suitability, functionality, or legality of any third party services, and you hereby waive any claim you might have against SMSI regarding any third party services. You agree that SMSI is not responsible or liable for any loss or damage of any sort incurred as the result of any such services. Any terms, conditions, warranties, or representations associated with any third party services are solely between you and such third party.

PRIVACY POLICY - COLLECTION OF DATA NOTICE

Your registration data and other information about you, together with your use of the Software and any services provided by SMSI in connection with the Software are governed by SMSI’s Privacy Policy, which is available in full for your review at http://www.sendstuffnow.com/privacy.aspx and is incorporated into this License by reference. You agree that SMSI may, from time to time, collect, store and process information about you and your use of the Software in order (i) to enable SMSI to comply with terms of any agreements it has with any third parties (if any) regarding the SMSI Software and/or (ii) to enable SMSI to comply with all applicable laws and/or regulation, or the requirements of any regulatory authority or government agency. Your election to use the Software constitutes your consent to the collection and use of such data.

TERMS OF SERVICE

Your use of any SMSI-provided service is subject to the Terms of Service is subject to the Terms of Service which are available in full for your review at https://www.sendstuffnow.com/legal.aspx and are incorporated into this License by reference. Your election to use an SMSI-provided service constitutes your consent to the Terms of Service.

THIRD PARTY ACKNOWLEDGEMENTS/LICENSES

Portions of the Software and any SMSI-provided service may include third party software and other copyrighted material (collectively, “TPS”). Acknowledgements, licensing terms, restrictions and disclaimers of such TPS are available in full for your review at https://sendstuffnow.com/legal.aspx#3rd_Party_Software. Your use of such TPS is governed by such respective terms.

DISCLAIMER OF WARRANTY ON SOFTWARE

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND SMSI, ITS SUPPLIERS, DISTRIBUTORS AND ANY LICENSOR(S) EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. SMSI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, SMSI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SMSI OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SMSI OR ANY AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMER OF IMPLIED WARRANTIES ABOVE MAY NOT APPLY TO YOU, IN WHICH CASE THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO SXITY (60) DAYS FROM THE DATE YOU FIRST INSTALLED THE SOFTWARE ON YOUR COMPUTER; PROVIDED, HOWEVER, THAT YOUR SOLE AND EXCLUSIVE REMEDY, AND SMSI'S SOLE OBLIGATION SHALL IN ANY CASE BE THAT SMSI WILL, AT ITS OPTION, REPAIR OR REPLACE YOUR COPY OF THE SOFTWARE, OR TERMINATE THIS LICENSE AGREEMENT.

LIMITATION OF LIABILITY

REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, TO THE EXTENT PERMITTED BY THE LAW OF THE JURISDICTION IN WHICH LICENSEE OBTAINED THIS LICENSE, SMSI, ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY CHARACTER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR COMPUTER MALFUNCTION, LOSS OF INFORMATION, LOST PROFITS AND BUSINESS INTERRUPTION, AND THE COST TO OBTAIN SUBSTITUTE SOFTWARE, ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE USE OF (OR INABILITY TO USE) THE SOFTWARE HOWEVER CAUSED AND WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SMSI, ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SMSI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE LESSER OF THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR $1.

DISCLAIMER REGARDING ACCESSED CONTENT

ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SOFTWARE IS PROVIDED “AS IS” AND IS USED AT YOUR OWN RISK. SMSI SHALL NOT BE RESPONSIBLE OR HELD LIABLE FOR YOUR ACCESS, DOWNLOADING OR USE OF CONTENT. IN CONNECTION WITH ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SOFTWARE, SMSI DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IT IS YOUR RESPONSIBILITY TO IDENTIFY AND SOLICIT ANY NECESSARY APPROVALS FOR ACCESSING, DOWNLOADING OR OTHERWISE USING SUCH CONTENT.

EXPORT LAW ASSURANCES

Export, re-export of this Software is governed by the laws and regulations of the United States and import laws and regulations of certain other countries. Export or re-export of Software to any entity on the Denied Parties List and other lists promulgated by various agencies of the United States Federal Government is strictly prohibited.

U. S. GOVERNMENT END USERS

The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as applicable. SMSI is Smith Micro Software, Inc., 51 Columbia, Aliso Viejo, CA 92656.

CONTROLLING LAW AND SEVERABILITY

If there is a local subsidiary of SMSI in the country in which the Software License was obtained, then the local law in which the subsidiary sits shall govern this License. Otherwise, this License shall be governed by the laws of the United States and the State of California, except for its conflicts of laws principles. Exclusive jurisdiction over and venue of any suit arising out of or relating to this Agreement will be in the state and federal courts of Orange County, California. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

COMPLETE AGREEMENT

This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by SMSI.

VERSION 2010-0810-SSN Android Marketplace

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