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- Spam-Aid Freeware License Terms
-
- By installing Spam-Aid, you agree to the following terms concerning usability and
- liability of the Versatech Software product.
-
- SPAM-AID LICENSE AGREEMENT
-
- BY INSTALLING OR USING THE SPAM-AID SOFTWARE (THE "PRODUCT"), THE INDIVIDUAL OR
- ENTITY LICENSING THE PRODUCT ("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS
- BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS
- OF THIS AGREEMENT, THE LICENSEE MUST NOT INSTALL OR USE THE PRODUCT.
-
- 1. LICENSE GRANT. Versatech Software grants Licensee a non-exclusive and
- non-transferable license to reproduce and use for personal or internal business
- purposes the executable code version of the Product, provided any copy must contain
- all of the original proprietary notices. This license does not entitle Licensee to
- receive from Versatech Software hard-copy documentation, technical support,
- telephone assistance, or enhancements or updates to the Product.
-
- 2. RESTRICTIONS. Except as otherwise expressly permitted in this Agreement,
- Licensee may not: (i) modify or create any derivative works of the Product or
- documentation, including translation or localization; (ii) decompile, disassemble,
- reverse engineer, or otherwise attempt to derive the source code for the Product
- (except to the extent applicable laws specifically prohibit such restriction);
- (iii) encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the
- Product; (iv) remove or alter any trademark, logo, copyright or other proprietary
- notices, legends, symbols or labels in the Product. Product components provided
- with or as part of the Product may be used only with the Product and not on a
- standalone basis or with any other product.
-
- 3. TERMINATION. Without prejudice to any other rights, Versatech Software may
- terminate this Agreement if Licensee breaches any of its terms and conditions.
- Upon termination, Licensee shall destroy all copies of the Product.
-
- 4. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property rights
- in the Product shall remain in Versatech Software and/or its suppliers. Licensee
- acknowledges such ownership and intellectual property rights and will not take any
- action to jeopardize, limit or interfere in any manner with Versatech Software's or
- its suppliers' ownership of or rights with respect to the Product. The Product is
- protected by copyright and other intellectual property laws and by international
- treaties. Licensee agrees, at its expense, to defend and hold Versatech Software
- and its affiliates harmless from any and all costs, damages and reasonable attorneys'
- fees resulting from any claim that Licensee's use of the Product has injured or
- otherwise violated any right of any third party or violates any law.
-
- 5. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED FREE OF CHARGE AND ON AN "AS IS"
- BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES
- THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
- NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS
- BORNE BY LICENSEE. SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND
- NOT VERSATECH SOFTWARE OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY
- SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF
- THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
- DISCLAIMER.
-
- 6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
- EVENT WILL VERSATECH SOFTWARE OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY
- INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR
- INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
- GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
- COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND
- REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH
- THE CLAIM IS BASED. VERSATECH SOFTWARE IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING
- OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE
- PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
-
- 7. EXPORT CONTROL. Licensee agrees to comply with all export laws and restrictions
- and regulations of the United States or foreign agencies or authorities, and not to
- export or re-export the Product or any direct product thereof in violation of any
- such restrictions, laws or regulations, or without all necessary approvals. As
- applicable, each party shall obtain and bear all expenses relating to any necessary
- licenses and/or exemptions with respect to its own export of the Product from the
- U.S.
-
- 8. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between the
- parties concerning the subject matter hereof. (b) This Agreement may be amended only
- by a writing signed by both parties. (c) This Agreement shall not be governed by the
- United Nations Convention on Contracts for the International Sale of Goods. (d) If
- any provision in this Agreement should be held illegal or unenforceable by a court
- having jurisdiction, such provision shall be modified to the extent necessary to
- render it enforceable without losing its intent, or severed from this Agreement if
- no such modification is possible, and other provisions of this Agreement shall remain
- in full force and effect. (e) A waiver by either party of any term or condition of
- this Agreement or any breach thereof, in any one instance, shall not waive such term
- or condition or any subsequent breach thereof. (f) The provisions of this Agreement
- which require or contemplate performance after the expiration or termination of this
- Agreement shall be enforceable notwithstanding said expiration or termination. (g)
- Licensee may not assign or otherwise transfer by operation of law or otherwise this
- Agreement or any rights or obligations herein except in the case of a merger or the
- sale of all or substantially all of Licensee's assets to another entity. (h) This
- Agreement shall be binding upon and shall inure to the benefit of the parties, their
- successors and permitted assigns. (i) Neither party shall be in default or be liable
- for any delay, failure in performance (excepting the obligation to pay) or
- interruption of service resulting directly or indirectly from any cause beyond its
- reasonable control. (j) The relationship between Versatech Software and Licensee is
- that of independent contractors and neither Licensee nor its agents shall have any
- authority to bind Versatech Software in any way. (k) Versatech Software may change the
- terms of this Agreement from time to time. By continuing to use the Product beyond a
- period of 30 days after notice of such change has been provided on a public website of
- Versatech or its affiliate for the first time, Licensee signifies its consent to the
- revised terms.
-
-