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- CE SOFTWARE LICENSE AND LIMITED WARRANTY AGREEMENT
- QUICKMAIL PRO
-
- CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENSE AND
- LIMITED WARRANTY AGREEMENT ("AGREEMENT") BEFORE YOU USE THIS
- PACKAGE. BY USING OR RETAINING POSSESSION OF THIS PACKAGE, YOU
- AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL
- THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND
- PROMPTLY RETURN THE ENTIRE PACKAGE CONTENTS TO THE PLACE OF
- PURCHASE FOR A FULL REFUND.
-
- DEFINITIONS
- * Package means the Software, manual(s) and other items
- accompanying this Agreement.
- * Software means the computer programs owned or distributed by CE
- Software, Inc. ("CE") and contained in this Package. It also
- means any copies of the programs made to any media or storage.
- * User means a person authorized to use the Software according to
- the terms of this Agreement.
- * Authorized Number of Users means the actual number of Users
- permitted to use the Software under the terms of this Agreement.
- The Authorized Number of Users is specified on the Package. In
- addition, there is a serial key included in the Package which
- permits, once the Software is activated, operation of the Software
- for only up to the Authorized Number of Users.
- * You and Your means any person or entity authorized to use the
- Software in accordance with the terms of this Agreement.
-
- LICENSE AND RESTRICTIONS
- Limited Rights
- * CE grants You a nonexclusive license to copy and use the
- Software in this Package on no more than the number of computers,
- within Your local area network, if applicable, than is necessary
- for Your use of the Authorized Number of Users.
- * You may also make backup copies of the Software (but not the
- manuals or other materials in the Package) solely for archival
- purposes. All copies of Software authorized under this Agreement
- shall reproduce and display fully all CE copyright notices or
- other proprietary legends.
- * CE retains all right, title and interest in and to the Software
- and all modifications, enhancements or other derivatives of the
- Software or other materials, in any medium, including but not
- limited to all copyrights, patents, trade secrets, trademarks and
- other proprietary rights.
- * All rights not expressly granted are reserved to CE.
-
- Restrictions
- * You may not copy or use the Software or other materials in the
- Package except as specified in this Agreement.
- * You may not modify, reverse-engineer, disassemble, decompile,
- translate or reduce the Software to a human perceivable form.
- * You may not sub-license, resell for profit, lend, rent, lease or
- otherwise distribute the Software or any portion of the Software.
- * You may not distribute the Software electronically over a
- network or the Internet except within the scope of the license
- rights expressly granted.
- * You may not create derivative works based on the Software.
- * You may not remove, obscure, or alter any notice of the CE
- copyright or other proprietary legends on the Software.
- * You may not transfer the Software or other materials in the
- Package to another person or entity, except that, after written
- notification to CE, You may transfer all (but no lesser portion)
- of the Package, including this Agreement, to another party who
- agrees to abide by the terms and conditions of this Agreement.
- * You may not transfer the Software or any other materials in the
- Package to any person or entity in violation of the United States
- Export Administration Act.
- * You are responsible for all taxes other than those based on the
- net income of CE.
-
- U.S. GOVERNMENT RESTRICTED RIGHTS
- The Software and documentation are provided with RESTRICTED
- RIGHTS. Use, duplication, or disclosure by the Government is
- subject to restrictions as set forth in subparagraph (c)(1)(ii)
- of the Rights in Technical Data and Computer Software clause at
- DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the
- Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19,
- as applicable. Manufacturer is CE Software, Inc., 1801 Industrial
- Circle, West Des Moines, IA 50265 U.S.A.
-
- TERM AND TERMINATION
- The term of this Agreement is perpetual unless otherwise
- terminated. Both the Agreement and Your right to use the Software
- terminate automatically if You violate any material part of this
- Agreement. In the event of termination, You must immediately
- destroy all copies of the Software or return them to CE.
-
- LIMITED WARRANTY, EXCLUSIVE REMEDIES AND LIMITATION OF LIABILITY
- Limited Warranty
- * Limited Software Warranty. For a period of ninety (90) days from
- the date You purchased this Package, CE warrants, to You only,
- that the Software shall conform substantially to the descriptions
- set forth in the manual included in the Package, so long as the
- Software is not misused nor modified by anyone other than CE. The
- parties acknowledge and agree that, due to the complex nature of
- computer programs, it is impossible to ensure the Software will be
- error-free or that Software operation will be uninterrupted.
- * Media Warranty. CE warrants that the media on which the
- Software is copied is free from defects in materials and
- workmanship under normal use for the period of ninety (90) days
- from the date You purchased this Package.
-
- Limitations on Warranties.
- The warranties above are exclusive and in lieu of all other
- warranties. CE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF
- ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
- WARRANTIES OF MERCHANTABILITY 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.
-
- Exclusive Remedies
- For any breach of the limited warranty above, Your exclusive
- remedy, and CE's entire liability shall be:
- * For Software Warranty: CE will, at its sole option: (i) repair
- or replace the nonconforming Software within a commercially
- reasonable time of notice of such condition; or (ii) credit or
- refund to You all or a fair portion of the price You paid for
- such Software.
- * For Media Warranty: The replacement of defective media returned
- within ninety (90) days of the date You purchased this Package.
-
- Limitation of Liability
- IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT,
- INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES
- FOR LOSS OF PROFITS, REVENUE, DATA OR USE INCURRED BY
- EITHER PARTY OR ANY THIRD PARTY, WHETHER IN AN ACTION IN
- CONTRACT OR TORT, EVEN IF THE OTHER PARTY OR ANY OTHER
- PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- CE'S LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT
- EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE. The provisions
- in the Limited Warranty, Exclusive Remedies and Limitation
- of Liability sections above allocate the risks under this
- Agreement between You and CE. CE's pricing reflects this
- allocation of risk and the limitation of liability specified
- herein.
-
- GENERAL
- This Agreement constitutes the entire agreement and supersedes
- any prior Agreement between CE and You concerning the contents
- of this Package. CE is not bound by any provision of any purchase
- order, or other document, unless CE specifically amends this
- Agreement. This Agreement cannot be amended, modified or waived
- unless the change is written and signed by an authorized
- corporate officer of CE.