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- END USER LICENSE AGREEMENT (EULA)
-
- D'Bridge EMAIL System (version 3 series)
-
- NOTICE TO USER:
- PLEASE READ THIS CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU
- ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE,
- DO NOT USE THIS SOFTWARE.
-
- 1. DEFINITIONS
- When used in this Agreement, the following terms shall have the respective
- meanings indicated, such meanings to be applicable to both the singular and
- plural forms of the terms defined:
-
- "Licensor" means Nick J. Andre, Ltd.
-
- "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or
- other media with which this Agreement is provided, including but not limited
- to ((i) registration information, i.e. License key which is unique for a
- registration name of the Licensee; (ii) related explanatory written
- materials or files ("Documentation"); and (iii) Software setup files and
- code samples (if any); and (b) upgrades, modified versions, updates,
- additions, and copies of the Software, if any, licensed to you by Nick J.
- Andre, Ltd. (collectively, "Updates").
-
- "Use" or "Using" means to access, install, download, copy or otherwise
- benefit from using the functionality of the Software in accordance with the
- Documentation.
-
- "Licensee" means You or Your Company, unless otherwise indicated.
-
- "Computer" means an electronic device that accepts information in digital
- or similar form and manipulates it for a specific result based on a
- sequence of instructions.
-
- 2. GENERAL USE
- You are granted a non-exclusive License to Use the downloaded Software for
- any purposes for an unlimited period of time. The software product under
- this License is provided free of charge. Even though a License fee is not
- paid for the use of such software, it does not mean that there are no
- conditions for using such software.
-
- 2.1. The Software may be installed and Used by the Licensee for any legal
- purpose.
- 2.2. The Software may be installed and Used by the Licensee on any number of
- computers owned, leased or controlled by the Licensee.
-
- 2.3. The Software can be copied and distributed under the condition that
- original copyright notice and disclaimer of warranty will stay intact and
- the Licensee will not charge money or fees for the Software product, except
- to cover distribution costs.
-
- 2.4. The Licensee will not have any proprietary rights in and to the
- Software. The Licensee acknowledges and agrees that the Licensor retains all
- copyrights and other proprietary rights in and to the Software.
-
- 2.5 Use within the scope of this License is free of charge and no royalty or
- licensing fees shall be paid by the Licensee.
-
- 3. INTELLECTUAL PROPERTY RIGHTS
- 3.1 This License does not transmit any intellectual rights on the Software.
- The Software and any copies that the Licensee is authorized by the Licensor
- to make are the intellectual property of and are owned by the Licensor and
- its suppliers.
-
- 3.2 The Software is protected by copyright, including without limitation by
- Copyright Law and international treaty provisions.
-
- 3.3 Any copies that the Licensee is permitted to make pursuant to this
- Agreement must contain the same copyright and other proprietary notices that
- appear on or in the Software.
-
- 3.4 The structure, organization and code of the Software are the valuable
- trade secrets and confidential information of the Licensor and its suppliers.
- The Licensee agrees not to decompile, disassemble or otherwise attempt to
- discover the source code of the Software.
-
- 3.5 Any attempts to reverse-engineer, clone, modify or alter the code in any
- way in the software program without the Licensor's specific approval are
- strictly prohibited.
-
- 3.6 Any information supplied by the Licensor or obtained by the Licensee, as
- permitted hereunder, may only be used by the Licensee for the purpose
- described herein and may not be disclosed to any third party or used to
- create any software which is substantially similar to the expression of the
- Software.
-
- 3.7 Trademarks shall be used in accordance with accepted trademark practice,
- including identification of trademarks owners' names. Trademarks can only be
- used to identify printed output produced by the Software and such use of any
- trademark does not give the Licensee any rights of ownership in that
- trademark.
-
- 4. WARRANTY
- 4.1 The Licensor warrants that:
-
- 4.1.1 it owns the Software and documentation and/or is in possession of
- valid and existing licenses that support the terms of this agreement,
- 4.1.2 to the best of its knowledge, the Software does not infringe upon or
- violate any intellectual property right of a third party and the Licensor
- will indemnify, defend and hold the Licensee harmless in the event of a
- claim related thereto;
-
- 4.1.3 The Software does not contain any back door, time bomb, drop dead
- device or other routine intentionally designed by the Licensor to disable a
- computer program or computer instructions that alter, destroy or inhibit the
- processing environment.
-
- 4.2 Except those warranties specified in section 4.1 above, the Software is
- being delivered to the Licensee "AS IS" and the Licensor makes no warranty
- as to its use or performance.
-
- The Licensor and its suppliers do not and cannot warrant the performance or
- results the Licensee may obtain by using the Software.
-
- Except for any warranty, condition, representation or term to the extent to
- which the same cannot or may not be excluded or limited by law applicable to
- the Licensee in his jurisdiction, the Licensor and its suppliers make no
- warranties conditions, representations, or terms (express or implied whether
- by statute, common law, custom, usage or otherwise) as to any matter
- including without limitation non-infringement of third party rights,
- merchantability, integration, satisfactory quality, or fitness for any
- particular purpose.
-
- 5. LIMITATION OF LIABILITY
- In no event will the Licensor or its suppliers be liable for any damages,
- claims or costs whatsoever or any consequential, indirect, incidental
- damages, or any lost profits or lost savings, even if the Licensor has been
- advised of the possibility of such loss, damages, claims or costs or for any
- claim by any third party.
-
- In no event will the Licensee be liable to The Licensor on condition that
- the Licensee complies with all terms and conditions stated in this License.
-
- 6. NON-WAIVER
- If a portion of this agreement is held unenforceable, the remainder shall be
- valid. It means that if one section of the Agreement is not lawful, the rest
- of the Agreement is still in force. A party's failure to exercise any right
- under this Agreement will not constitute a waiver of (a) any other terms or
- conditions of this Agreement, or (b) a right at any time thereafter to
- require exact and strict compliance with the terms of this Agreement.
-
- Copyright (c) by Nick J. Andre, Ltd.
-
-