End user agreement for Spam Blackout
IMPORTANT YOU MUST READ ALL OF THIS AGREEMENT CAREFULLY
BY DOWNLOADING AND INSTALLING THIS SOFTWARE, YOU AGREE
TO ABIDE BY THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT
THIS CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU (either an
individual or a corporate entity) AND Heidi Computers Ltd. YOU SHOULD
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. IF
YOU USE THE PROGRAM (this includes the computer software any
associated printed materials and electronic documentation), YOU ACCEPT
THE BELOW TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO
THE TERMS OF THIS AGREEMENT, DO NOT USE THE PROGRAM, IF
YOU HAVE ALREADY DOWNLOADED THE PROGRAM,DESTROY THE
PROGRAM,DO NOT INSTALL, USE OR COPY ANY PORTION OF THE
PROGRAM, YOU MAY, HOWEVER RETURN IT TO YOUR PLACE OF
PURCHASE FOR A FULL REFUND.
SOFTWARE LICENSE AGREEMENT
Spam Blackout is copyright ® 1998-2004 by Heidi Computers Ltd, all
Subject to the terms and conditions provided below, Heidi Computers Ltd
("Heidi") hereby grants the following license to you for the Spam
Blackout software ("the SOFTWARE PRODUCT").
GRANT OF LICENSE
Heidi Computers Ltd or its suppliers own the enclosed software programs
(Software) and the documentation, all of which are protected under
applicable copyright laws. Your right to use the SOFTWARE PRODUCT
and documentation is limited to the terms and conditions of this
You assume responsibility for the selection of the SOFTWARE PRODUCT
to achieve your intended results and for the installation, use and
obtained from the SOFTWARE PRODUCT.
Subject to the payment of the appropriate license fee, Heidi grants to
you a non-exclusive, non- transferable license to install and use the SOFTWARE
PRODUCT on your computer.
OWNERSHIP OF THE SOFTWARE PRODUCT
The SOFTWARE PRODUCT is not sold, it is licensed.
TERM OF LICENSE
This license is effective until terminated. You may terminate it any
deleting the SOFTWARE PRODUCT and all accompanying documentation
and copies thereof from your computer. Heidi Computers Ltd may terminate
this Agreement if you fail to comply with any of the terms and
conditions of it. Upon any termination of this license, you agree to destroy the
SOFTWARE PRODUCT, together with all copies of the SOFTWARE
RODUCT in any form. You must provide Heidi Computers Ltd, upon request,
written certification of such destruction.
TRANSFERRING THE SOFTWARE PRODUCT
You may transfer all of your rights to use the SOFTWARE PRODUCT to
another person, provided that you transfer to that person all of the
SOFTWARE PRODUCT, media (if applicable), and documentation provided
in this package (including this license agreement), and transfer or
destroy all your own existing copies of the SOFTWARE PRODUCT in any form.
Remember, once you transfer your rights to use the SOFTWARE
PRODUCT,you no longer have any right to use it, and the person to whom
it is transferred may use it only in accordance with the copyright law,
international treaty, and this license.
UPGRADING THE SOFTWARE PRODUCT
If you have purchased an upgrade version of the SOFTWARE PRODUCT,
the original SOFTWARE PRODUCT together with the upgrade of the
SOFTWARE PRODUCT constitute a single license. The original
SOFTWARE PRODUCT and the upgrade to the SOFTWARE PRODUCT
cannot both be available for use by two different people at the same
time, and cannot be transferred separately without written permission from
Heidi Computers Ltd.
All rights to the SOFTWARE PRODUCT and all copyrights patents,
trademarks, service marks, or other proprietary rights relating thereto
are and shall remain with Heidi Computers Ltd. You acknowledge that no
rights title, or interest in these items is granted under this Agreement.
Authorised copies of the SOFTWARE PRODUCT shall contain all copyright notices or
proprietary legends that are contained or embedded in the SOFTWARE
Without the express written permission of Heidi Computers Ltd, the
Licensee may not:
a) Reverse engineer, decompile, or disassemble the SOFTWARE
PRODUCT, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
b) Distribute registered copies of the SOFTWARE PRODUCT to any third
c) Sub-license or lease the SOFTWARE PRODUCT.
d) Use, copy, modify, alter or transfer, electronically or otherwise,
the SOFTWARE PRODUCT except as expressly allowed in this Agreement.
e) The SOFTWARE PRODUCT is licensed as a single product. Its
component parts may not be separated for use on more than one computer.
You may operate the SOFTWARE PRODUCT on a single computer or on a
single workstation on a network provided you do not exceed the number
of"nodes" shown on your registration key.
Additional Nodes or workstations utilizing the SOFTWARE PRODUCT must
be licensed by Heidi Computers Ltd. The network version may be used on
multiple computers that are connected by direct cable to the same
network server. The SOFTWARE PRODUCT is "in use" on a computer
when any element or component of it is resident in memory (i.e. RAM).
Copies of the SOFTWARE PRODUCT may be made for backup and
archival purposes only.
SOFTWARE PRODUCT LIMITED WARRANTY
The warranty applies to the SOFTWARE PRODUCT, the use of which is
hereby licensed, the media on which it is supplied, and the
documentation supplied with it.
Any third party products used in the creation of the SOFTWARE PRODUCT
have been used in good faith as to their stability,quality and reliability.
While Heidi Computers Ltd has made reasonable effort to ensure that the
SOFTWARE PRODUCT is free from defects we cannot guarantee its
suitability or reliability in every situation. You must ensure that you have
made backups of all data you may wish to convert. You must ensure that
you have validated that the supplied test data works correctly in your
usage environment. You must carry out your own tests to validate your results
to protect yourself against the possibility of corrupt data or unforeseen
Heidi Computers Ltd warrants that the SOFTWARE PRODUCT will perform
substantially in accordance with the accompanying written materials for
a period of thirty (30) days from the date of original purchase, when used
on the supported hardware and system software listed on our Website at
http://www.SpamBlackout.com or on the accompanying documentation,
provided such hardware and system software is in good working order.
If you use this SOFTWARE PRODUCT on anything but the supported
hardware and system software listed on our website at
http://www.SpamBlackout.com or on the accompanying package, you do so
at your own risk. Heidi Computers Ltd does not give any warranty (express
or implied) that the SOFTWARE PRODUCT will work under those conditions.
Memory resident programs, being part of the operating environment
onstitute system software, for this purpose, Heidi Computers Ltd cannot
warrant compatibility with any such program.
If you encounter a SOFTWARE PRODUCT problem, we will require a
problem report detailed enough to allow us to find and fix the problem.
If you properly notify us of such a SOFTWARE PRODUCT problem within the
warranty period, Heidi Computers Ltd will update the SOFTWARE
PRODUCT at no cost to you provided that Heidi Computers Ltd has
determined that it is a SOFTWARE PRODUCT problem and not an
enhancement to the SOFTWARE PRODUCT.
With respect to any physical media and documentation provided with the
SOFTWARE PRODUCT, Heidi Computers Ltd warrants the same to be free
of defects in materials and workmanship for a period of thirty (30) days
from the date of receipt. If you notify us of such a defect within the
warranty period, Heidi Computers Ltd will replace the defective media or
documentation at no cost to you.
Heidi Computers Ltd's entire liability and your exclusive remedy under
this warranty (which is subject to you returning the SOFTWARE PRODUCT to
Heidi Computers Ltd or an authorized dealer with a copy of your receipt)
will be, at Heidi Computers Ltd's option, to attempt to correct or help you
around errors with efforts which Heidi Computers Ltd believes suitable
to the problem to replace the SOFTWARE PRODUCT with an upgrade to the
SOFTWARE PRODUCT, or to refund the purchase price and terminate this
If you are dissatisfied for any reason, and Heidi Computers Ltd cannot
correct the problem, contact the party from whom the SOFTWARE
PRODUCT was purchased for a return authorization. If you purchased the
SOFTWARE PRODUCT directly from Heidi Computers Ltd,we will refund
the full purchase price of the SOFTWARE PRODUCT upon receipt of the
original program media and documentation in undamaged condition. Heidi
Computers Ltd honors returns from authorized dealers, but cannot offer
refunds directly to anyone who did not purchase the SOFTWARE
PRODUCT directly from us.
This Limited Warranty is void if failure of the SOFTWARE PRODUCT or
hardware has resulted from accident, abuse or misapplication. Any
replacement Software will be warranted for the remainder of the original
EXCEPT FOR THE PRIOR EXPRESS LIMITED WARRANTIES, Heidi
Computers Ltd MAKES, AND YOU RECEIVE, NO WARRANTIES,
EXPRESS, IMPLIED STATUTORY OR IN ANY COMMUNICATION WITH
YOU AND Heidi Computers Ltd SPECIFICALLY DISCLAIMS ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
Heidi Computers Ltd DOES NOT WARRANT THAT THE OPERATION OF
THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR-
Limitation of Liability. IN NO EVENT WILL Heidi BE LIABLE TO YOU OR
ANY OTHER PARTY FOR ANY LOST PROFITS, LOST SAVINGS OR
OTHER INDIRECT, SPECIAL, INCIDENTAL, OR 'CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SOFTWARE PRODUCT,EVEN IF Heidi HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY
EXCEED THE FEE PAID FOR THE SOFTWARE PRODUCT. This limitation
of liability also applies to a developer of a Program supplied to Heidi
Heidi Computers Ltd and the developer's limitation of liability are not
Any implied warranties on the SOFTWARE PRODUCT are limited to thirty
Heidi Computers Ltd shall provide its then-current standard support for
the SOFTWARE PRODUCT. No other support shall be provided. We will only
support the latest version release of the SOFTWARE PRODUCT. Please
note that all upgrades to the SOFTWARE PRODUCT are provided free of
This agreement will be governed by the laws of the Republic of Ireland.
This agreement is the entire agreement between us and supersedes any other
communication or advertising with respect to the SOFTWARE PRODUCT
and accompanying documentation.
If any provision or part of any provision of this Agreement shall be
held invalid or unenforceable, such part shall be ineffective without in any
way affecting the remaining parts of such provision or the remaining
provisions of this Agreement.
If you purchase the SOFTWARE PRODUCT in any other country besides
the Republic of Ireland, you agree to the following: The parties hereto
confirm that it is their wish that this Agreement, as well as all other
documents relating hereto, including Notices,have been and shall be
drawn up in the English language only.
All Heidi Computers Ltd product names are trademarks or registered
trademarks of Heidi Computers Ltd. Other brand and product names are
trademarks or registered trademarks of their respective holders.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT,
UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND
EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN
US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT,
ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN
US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
All materials Copyright ® 1998-2004 Heidi Computers Ltd Limited, All
Heidi Computers Ltd
Unit 9 Trafalgar Court