End user agreement for SMTP Diagnostics
As part of the installation process, you will be asked to accept the terms of this Agreement. This Agreement is a legal contract that specifies the terms of the license and warranty limitation between you and White Peak Software Inc ("White Peak") for the SMTP Diagnostics ("Software") software and related documentation.
You should carefully read the following terms and conditions before installing or using the Software. Unless you have entered into a separate written license agreement signed by White Peak, installation or use of the Software indicates your acceptance of this license agreement and warranty. If you do not agree to these terms you must cease using this Software immediately and promptly delete and destroy all copies of the Software and related documentation in your possession.
Versions of the Software
The Software is available in a commercial and an evaluation version. Both the commercial and the evaluation versions are subject to the terms and conditions of this Agreement. The commercial version of the Software requires payment by you of a license fee. The evaluation version of the Software is the only version that is provided without charge. The evaluation version is not free software and is subject to the restrictions set forth below.
UPON ORDERING, DOWNLOADING, INSTALLING OR UNENCRYPTING ANY VERSION OF THE SOFTWARE, YOU ARE REAFFIRMING THAT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
License to Use
One copy of the Software may either be used (1) by a single person who uses the Software personally on one or more computers, or (2) by multiple people non-simultaneously on a single workstation, but not both.
You may access the commercial version of the Software through a network, provided that you are the only person who may use the Software or you have obtained individual licenses for the Software covering all workstations that will access the Software through the network. For instance, if eight different workstations will access the Software on the network, each workstation must have its own license, regardless of whether the workstation accesses the Software at different times or concurrently.
The Software and documentation are protected by the copyright laws of the United States and international treaty provisions. There are severe penalties, both civil and criminal, for copyright infringement. You may not copy all or any part of the Software or related documentation, except that you may make a reasonable number of copies of the Software solely for backup or archival purposes.
Provided that you do not include your License Key you are hereby licensed to make copies of the Software; give exact copies of the original to anyone; and distribute the Software in its unmodified form via electronic means. You are specifically prohibited from charging for any such copies.
This Agreement does not authorize you to use White Peak's name or any of its trademarks.
Term and Termination
If you have acquired an evaluation version, the license granted herein shall automatically terminate thirty (30) days after you first install such version. Subsequent downloads, installations or use of the evaluation version by or for you will not extend, renew, or otherwise restart the term of the license. The license granted for the commercial version will continue until it is terminated. White Peak may terminate any license granted herein if you fail to comply with the terms of this Agreement. Upon the termination of a license for any reason, you must promptly return to White Peak or destroy all copies of the Software and related documentation covered by the license.
DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED AS IS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHITE PEAK AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHITE PEAK OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS PRODUCT, EVEN IF WHITE PEAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO REFUND OF PURCHASE PRICE.
U.S. Government Licensing Rights
If the Software is licensed under a U.S. Government contract, you acknowledge that the Software and related documentation are "commercial items," as defined in 48 C.F.R 2.01, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1. You also acknowledge that the Software is "commercial computer software" as defined in 48 C.F.R. 252.227-7014(a)(1). U.S. Government agencies and entities and others acquiring under a U.S. Government contract shall have only those rights, and shall be subject to all restrictions, set forth in this Agreement.
You agree to abide by the terms of the following notice, if such notice appears in or on the packaging for the Software, and you agree not to remove such notice from the software.
This agreement shall be construed, interpreted and governed by the laws of the State of New York, U.S.A. This Agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods and will be deemed a contract under seal. This agreement gives you specific legal rights; you may have others which vary from state to state and from country to country. White Peak reserves all rights not specifically granted in this agreement.
This Agreement is the complete agreement between you and White Peak concerning the software and related documentation. The failure or delay of White Peak to exercise any of its rights under this Agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach.
If you have any questions concerning this Agreement or the software or related documentation, you may contact White Peak's customer service at www.whitepeaksoftware.com.
SMTP Diagnostics License Agreement (rev. 1.2.0)
Copyright (c) 2005 White Peak Software Inc
All Rights Reserved