End user agreement for JSoft Mail
Software License Agreement
JSoft Mail is shareware.
To be notified of updates to our software go to our web-site at http://www.jsoftconsulting.com and add your email address to the appropriate mailing list.
All users can join the JSoft Mail list server at http://www.onelist.com/community/jsjsmail where you can share tips, tricks, bug reports and other experiences with other JSoft Mail users.
Please give a copy of our software (in the original zip file) away to anyone you know that might be interested in using it.
This and the above information make up the license agreement, allowing you, the user, to use JSoft Consulting's software package 'JSoft Mail' (hereinafter known as the Software).
Should you buy our Software, your acceptance of this license agreement will be transferred to your registered copy. This Software incorporates our software which includes its code (source and compiled), documentation (printed and/or electronic), appearance, structure and organization which is a proprietary product of JSoft Consulting and is protected by copyright and other laws.
Once you have fully complied with the registration and payment procedures, JSoft Consulting shall grant you a license to install and use the Software on one (1) computer system.
The Software is copyright 1983-2001 JSoft Consulting. Portions are copyright Microsoft, Borland, MicroHelp, Inc., WinWare, Inc. and VideoSoft.
You may make copies of the Software and provide it to others, as long as this package is not altered or modified in any way, shape or form and they agree to abide by the terms and provisions of this license.
Any attempt to decompile, disassemble or otherwise reduce the Software to a human readable form or otherwise alter the Software automatically terminates this license. You may also be liable for damages suffered by JSoft Consulting. Except as stated within, this license does not grant you any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered) or any other rights, franchises or licenses in respect to the Software.
Title to and ownership of the Software, reproductions of the Software and all supporting documentation, whether in electronic or printed form, shall remain with JSoft Consulting.
You will not adapt or use any trademark or trade name which is likely to be similar to or confusing to the Software or take any other action which impairs or reduces the trademark rights of JSoft Consulting. Nothing in this license shall exclude any statutory rights, warranties or conditions which are applicable to this license or the Software and which under any applicable legislation may not be excluded.
If permitted by such legislation, however, JSoft Consulting's liability for any breach of any such warranty or condition shall be and is hereby limited to either the resupply of, or the correction of any defect in the Software, as JSoft Consulting at his sole discretion may determine.
This license is effective until terminated.
This license will terminate automatically without notice if you fail to comply with any of the terms or provisions of this license.
Upon termination of this license you must erase the Software and all copies in your possession.
You may terminate this license at any time by erasing the Software and all copies in your possession. Upon termination of this license for whatever reason you will lose any and all rights this license may have afforded you. To the full extent permissible by law, JSoft Consulting hereby excludes all conditions and warranties, whether imposed by statute, operation of law or otherwise not expressly set out herein.
JSoft Consulting does not make any express or implied warranties or conditions, including, but not limited to, the warranties of merchantability or fitness for a particular purpose with respect to the Software.
No oral or written information or advice given by any person shall in any way create a warranty. JSoft Consulting warrants that the Software will perform substantially in accordance with the owner's manual and/or on-line help system and that the physical materials (disks and printed manual) are free from physical defects for a period of ninety (90) days from date of purchase.
Any implied warranties are limited to ninety (90) days. JSoft Consulting's entire liability and your sole and exclusive remedy shall be at JSoft Consulting option to: a) correct the error, b) help you work around or avoid the error, or c) authorize a credit or exchange. The limited warranty is void if the failure of the Software results from accident, abuse, misuse or misapplication.
JSoft Consulting developed the Software but makes no recommendations regarding their use.
JSoft Consulting accepts no responsibility for the functioning of the Software.
Except as set out in this license, in no event shall JSoft Consulting, or any of his agents, be liable for any damages whatsoever, including, but not limited to, damages arising from loss of business profits, business interruptions, business information, computer programs, or any sequential damages of any kind and/or amount. In the event of the invalidity of any provision of this license, the parties (JSoft Consulting and the software user), agree that such invalidity shall not effect the validity of the remaining portions of this license.This license will be construed under the laws of the State of Arizona. This license contains the entire agreement between the parties hereto with respect to the all of JSoft Consulting's Software and supercedes all prior agreements whether oral or written.
Failure or delay by JSoft Consulting in enforcing any right or provision herein shall not be deemed a waiver of such provision or right.
END USER LICENCE AGREEMENT WITH SOFTWRAP LIMITED
1. This is a legally binding agreement between a) the end user (the 'User'), whether a person or a legal entity, that unwraps software (a 'Title') that has been wrapped through SOFTWRAP LIMITED'S services and software, and b) SOFTWRAP LIMITED ('Softwrap').
2. The terms and conditions of this agreement are set out below, and the User binds itself to these terms and conditions by consenting to them when unwrapping a Title.
3. Definitions. The term 'Title' shall mean software that is distributed using the Softwrap software and services, and which is registered with Softwrap as the software of an Author. The term 'wrap' shall mean the attachment of the usage constraints and purchasing facilities in the Softwrap software to a Title, and 'wrapped' and 'wrapping' shall have corresponding meanings.
4. Use of the Title at Users Risk. The User understands that Softwrap offers a facility enabling parties to evaluate, and buy and sell software licences, and that Softwrap has no knowledge of the content, value or merit of the Title being unwrapped. Accordingly, the unwrapping and use of the Title is entirely at the risk of the User. Softwrap is not the agent of the seller or of the Author of the software licence, or of the Title. Softwrap cannot and does not accept any liability for any damage or claim that may arise from the unwrapping of the Title, or the use or licensing of the Title by any party. In particular but without limitation, Softwrap does not accept liability for any malfunction of or defects in the Title, or any viruses or other destructive code that may be activated by the unwrapping or downloading of the wrapped Title. The User hereby indemnifies Softwrap against any claims or damages from any party that may arise from the use of the Title unwrapped by the User.
5. Confidentiality. Softwrap shall comply with all applicable statutory requirements on database privacy, and in any event shall make all reasonable commercial endeavours to keep all information of the User strictly confidential, and shall not use the information for any purpose other than effecting the necessary transaction, but Softwrap shall be released from any confidentiality obligation if it is necessary to pursue or recover any delinquent payment. The User's details will however be supplied to the Author.
6. Liability. The liability of Softwrap to the User for any losses shall not exceed the amount the User originally paid for the software. In no event will Softwrap be liable to the User for any indirect or consequential damages including any indirect or consequential loss suffered by the User as part of the User's normal course of business. All implied warranties relating to Softwrap, including without limitation any warranty of fitness for purpose or of merchantability, are expressly excluded. Nothing in this clause limits the liability of Softwrap to the Author in the event of death or personal injury resulting from the negligence of Softwrap.
7. Intellectual Property. All Intellectual Property rights in the Softwrap software and services are and shall remain the property of Softwrap, and the User shall not remove any markings, trade names or logos from any product of Softwrap's. The User shall not permit or cause the Softwrap software to be reverse engineered, decompiled, or disassembled, except as expressly permitted by any applicable law, and then only to the extent so permitted.
8. Severability. Should any part of this agreement be declared to be void or invalid by the final decision of any court of competent jurisdiction, the remainder of this agreement shall continue to be in force between the parties, as if the portion which has been declared invalid or void was excluded from the Agreement at commencement thereof.
9. Payment. Payment for the Title is made by credit card, and Softwrap software only facilitates such payment.
9.1 To ensure that no charge back has occurred on the credit card purchase the Softwrap software will cause the purchaser's computer to dial in once a month for seven months after purchase. If the dial in does not obtain confirmation that there has been no charge back, the Softwrap software will render the Title unusable.
10. Law. This agreement shall be governed in all respects by English Law.
11. General. No representation, term, condition, guarantee, or warranty, not contained in this agreement, nor any amendment of, addition to, or consensual cancellation of, this agreement, nor any indulgence of one party by the other, or waiver of either party's rights provided in terms of this agreement, shall be binding on the parties unless reduced to writing and signed by or on behalf of both parties.
12. General. This facility is not open residents of the Isle of Man