EULA: Decipher TextMessage

Save and Recover iPhone Text Messages

THIS IS A LEGAL AGREEMENT between you, the end user of Decipher Media Software (the Software) and Decipher Media, LLC., a Delaware company hereinafter referred to as DM.  Use of the software you are about to download or install indicates your acceptance of these terms. You also agree to accept these terms by so indicating at the appropriate screen, prior to the download or installation process. As used in this Agreement, the capitalized term Software means the included Decipher Media software together with any and all enhancements, upgrades, and updates that may be provided to you in the future by Decipher Media, LLC.  Any terms in this agreement related to DM software ownership, distribution, or modification will be handled in accordance with the laws of the State of Delaware, USA. Any terms in this agreement related to compliance with DM licensing related issues will be handled in accordance with the laws of Delaware, USA.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD INDICATE SO AT THE BOTTOM OF THIS SCREEN AND DO NOT PROCEED.

1.  GRANT OF LICENSE.  This Agreement grants Recipient the following rights provided that Recipient complies with all terms and conditions of this Agreement:
DM grants to Recipient a limited, non-exclusive, nontransferable, royalty-free license for the use of the Software or other product(s) which operate in conjunction with the Software. All other rights are reserved to DM.  Recipient will not rent, lease, sell, sub-license, assign, resell, act as an application service provider (ASP), act as a service bureau or any other software or service offering processed with the Software, or otherwise transfer any portion of the Software.  Recipient may not reverse engineer, decompile or disassemble any portion of the Software, except and only to the extent that this limitation is expressly prohibited by applicable law notwithstanding this limitation.

2.  OWNERSHIP.
The Software and any accompanying documentation are owned by DM and ownership of the Software shall at all times remain with DM. The Software is provided to you only to allow you to exercise your rights under this Agreement. Without limiting the generality of the foregoing, you do not receive any rights to any patents, copyrights, trade secrets, trademarks or other intellectual property rights relating to or in the Software or any accompanying documentation. All rights not expressly granted to you under this Agreement are reserved by DM.

3.  PROTECTION OF THE SOFTWARE.
The Software and all copies of it, regardless of the form or media in which the original or copies may exist, are the sole and exclusive property of DM. By accepting this license, you agree that the Software, including the source and object codes, logic and structure, constitute valuable trade secrets of DM.

4.  UTILIZATION OF YOUR COMPUTER.
The Software may utilize the processor and bandwidth of the computer (or other applicable device) you are utilizing, for the limited purpose of facilitating the function of the Software. DM will use its commercially reasonable efforts to protect the privacy and integrity of the computer resources (or other applicable device) you are utilizing and of your communication, however DM cannot give any warranties in this respect.  If your use of the Software is dependant upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Software is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting this Agreement and using the Software, you have obtained such consent.

5.  TERM.
This Agreement will be effective as of the Effective Date and will remain effective until terminated by either DM or you as set out below. You may terminate this license with immediate effect at any time by uninstalling the Software and refraining from any further use.  Should you desire to resume use of the Software, you will be required to review and accept a new licensing agreement. Without limiting other remedies, DM may limit, suspend, or terminate this license and your use of the Software, prohibit access to the DM Website, with immediate effect, automatically and without recourse to the courts, if we think that you are in breach of the Terms, creating problems, legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. DM shall effect such termination by providing notice to you via email, if possible, and/or by disabling the Software if necessary.

6.  NEW / UPDATED VERSIONS OF SOFTWARE.
DM, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Software. DM has no obligation to make available to you any subsequent versions of the Software. You may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the Software.

7.  SUSPENSION.
DM may, in its sole discretion and to the maximum extent permitted within your jurisdiction, modify or discontinue or suspend your ability to use any version of the Software, and/or disable any DM Software you may already have accessed or installed without any notice to you, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where you, at DM's discretion, are in breach of the Terms, creating problems, possible legal liabilities, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons.

8.  INAPPROPRIATE / ILLEGAL USES.
You will use the Software solely for lawful purposes. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you; (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Software; (c) send any unsolicited commercial communication not permitted by applicable law; (d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way; (e) use the Software to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or (f) use any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights.

9.  REPRESENTATIONS.
You represent and warrant that you are authorized to enter into and comply with the Terms enumerated herein. Furthermore, you represent and warrant that you will at any and all times meet your obligations under the Terms stated herein, as well as comply with any and all laws, regulations and policies that may apply to the use of the Software.

10.  DISCLAIMER OF WARRANTIES.
THE SOFTWARE IS DEEMED ACCEPTED BY RECIPIENT. THE SOFTWARE IS PROVIDED AS IS WITH NO WARRANTIES WHATSOEVER; DM DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. DM FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE. NEITHER DM NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION). YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SOFTWARE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11.  EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND OTHER DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT DM, ITS AFFILIATES, ITS LICENSORS AND STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE IS TO IMMEDIATELY DEINSTALL AND CEASE USE OF SUCH SOFTWARE. IN NO EVENT SHALL DM, ITS AFFILIATES,ITS LICENSORS OR STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR: ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES(INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA,INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE; AND ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE; ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF; (I) ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING THE SOFTWARE;(II) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY DM FOR ANY REASON; AND (III) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE  SOFTWARE TO YOU. THE LIMITATIONS ON DM'S LIABILITY TO YOU IN THE PARAGRAPH ABOVE SHALL APPLY WHETHER OR NOT DM, ITS AFFILIATES OR STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.

12.  GOVERNING LAW/JURISDICTION/ATTORNEYS' FEES.
This Agreement shall be construed and controlled by the laws of the State of Delaware. Recipient waives all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on either party in the manner authorized by applicable law or court rule. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs and other expenses.

13.  ENTIRE AGREEMENT.
The terms and conditions of the Terms constitute the entire agreement between you and DM with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either you or DM arising out of fraud or fraudulent misrepresentation. If any provision of the Terms, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms as a whole, the legality, validity or enforceability of the remainder of the Terms (including the remainder of the term which contains the relevant provision) shall not be affected. The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms or by law shall not constitute a waiver of that right, power or remedy. If DM waives a breach of any provision of the Terms this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision. You are not allowed to assign the Terms or any rights hereunder. DM is allowed at its sole discretion to assign the Terms or any rights hereunder to any third party, without giving prior notice.