End user agreement for LBE Spam Tool
If you agree to these terms and conditions, LEIGH BUSINESS ENTERPRISES LTD grants to
you a non-exclusive licence to use the accompanying software (the "Software") and
documentation whether printed or electronic (the "Documentation") during a Trial Period as
determined by the Software and thereafter once the appropriate licence fee has been paid to
LEIGH BUSINESS ENTERPRISES LTD.. The Software and Documentation are referred to in
this Agreement as the "Licensed Materials."
The Licensed Materials are the sole and exclusive property of LEIGH BUSINESS
ENTERPRISES LTD.. By applying the licence fee and receiving the registered version you do
not become the owner of the Licensed Materials, but are entitled solely to use the Licensed
Materials according to the terms of this Agreement.
The licence granted to you by LEIGH BUSINESS ENTERPRISES LTD. in this Agreement
authorises you to use the Software for the specified number of concurrent users (where
applicable). Once the Trial Period has expired this agreement terminates unless you
purchase the appropriate licence fee from LEIGH BUSINESS ENTERPRISES LTD.
YOU MAY NOT USE, COPY, OR MODIFY THE LICENSED MATERIALS, IN WHOLE OR IN
PART, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT
This Agreement is effective from the date of installation. This Agreement may be terminated by
you at any time by destroying the Licensed Materials, together with any copies, modifications
and merged portions in any form. It will also terminate automatically if you fail to comply with
any term or condition of this Agreement.
Restrictions on Transfer
You may permanently transfer the Software to any other party if the other party agrees to the
terms and conditions of this Agreement, and you transfer all copies of the Licensed Materials to
that party or destroy those not transferred. By such transfer you terminate the licence granted
to you in this Agreement. You may not sublicense, assign, share, rent, lease or otherwise
transfer your right to use the Licensed Materials, nor any other rights granted to you under this
Restrictions against copying or modifying the Licensed Materials
The licensed Materials are copyrighted by LEIGH BUSINESS ENTERPRISES LTD.. Except as
expressly permitted in this Agreement, you may not copy or otherwise reproduce the Licensed
Materials. In no event does the limited copying or reproduction permitted in this Agreement
include the right to decompile, disassemble, or electronically transfer the Software, or to
translate the Software into another computer language.
You agree to include the copyright notice set forth in the label of the media embodying the
software on any copy of the Software in any form, in whole or in part, or if any modification of the
Software or any updated work containing the Software or any Part thereof. You also agree not to
remove any existing copyright notice from any of the Licensed Materials.
Protection and Security
You agree to use your best efforts and take all reasonable steps to safeguard the Licensed
Materials to ensure that no unauthorised person has access to them and that non authorised
copy, publication, disclosure or distribution of any of the Licensed Materials is made. You
acknowledge that the Licensed Material contain valuable confidential information and trade
secrets and that unauthorised use and copying are harmful to LEIGH BUSINESS
ENTERPRISES LTD., and that you have the confidential obligation on such valuable information
and trade secrets.
LEIGH BUSINESS ENTERPRISES LTD. warrants that the media on which the Software is
recorded will be free from defects in workmanship and materials for a period of 90 days from the
date of payment of the licence fee. If the media and dated proof of purchase are returned to
LEIGH BUSINESS ENTERPRISES LTD. within 90 days of the date of payment of the licence
fee, and if LEIGH BUSINESS ENTERPRISES LTD. determines the media to be defective and
provided the media was not subject to misuse, abuse or use in defective equipment LEIGH
BUSINESS ENTERPRISES LTD. will, at its option, (1) replace the media, or (2) refund the
licence fee paid by you, upon your return to LEIGH BUSINESS ENTERPRISES LTD. of all of
the Licensed Materials , including all copies of any portions thereof , and dated proof of payment
of the licence fee. All implied warranties on the media, including implied warranties of
merchantability and fitness for a particular purpose, are limited to the duration of the express
warranty set forth above.
In no event will LEIGH BUSINESS ENTERPRISES LTD. or any other party who has been
involved in the creation, production, or delivery of the Licensed Materials be liable for special,
direct, indirect, or consequential damages, including loss of profits, or inability to use the
Licensed Materials, even if LEIGH BUSINESS ENTERPRISES LTD. has been advised of the
possibility of such damages. In no event shall LEIGH BUSINESS ENTERPRISES LTD.'s liability
for any damages or loss to you or any other party exceed the licence fees paid for the Licensed
If any provision or portion of a provision of this Agreement is determined to be invalid under any
applicable law, it shall be deemed omitted and the remaining provisions and partial provisions of
this Agreement shall continue in full force and effect.
This Agreement constitutes the entire Agreement between the parties with respect to the
subject matter hereof, and all prior Agreements, representations, statements and undertakings
are hereby expressly cancelled.