End user agreement for Santa Mail - North Pole Direct
HARNEU SOFTWARE IS WILLING TO LICENSE THE ENCLOSED SOFTWARE (AS WELL AS UPDATES HARNEU SOFTWARE MAY FURNISH YOU FROM TIME TO TIME) AND DOCUMENTATION (THE "SOFTWARE") TO YOU ("YOU") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT"). IF YOU ARE AN EMPLOYEE OR AGENT OF A COMPANY (THE "COMPANY") AND ARE ENTERING INTO THIS AGREEMENT TO OBTAIN THE SOFTWARE FOR USE BY THE COMPANY FOR ITS OWN BUSINESS PURPOSES, YOU HEREBY AGREE THAT YOU ENTER INTO THIS AGREEMENT ON BEHALF OF THE COMPANY AND THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
BY CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, HARNEU SOFTWARE IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU SHOULD CLICK ON THE "DO NOT ACCEPT" BUTTON BELOW TO DISCONTINUE THE INSTALLATION PROCESS. IN SUCH CASE, UPON REMOVAL, DESTRUCTION AND/OR RETURN OF THE SOFTWARE, ANY AMOUNTS ALREADY PAID BY YOU SHALL BE REFUNDED BY HARNEU SOFTWARE OR THE RETAILER FROM WHICH YOU PURCHASED THE SOFTWARE.
LICENSE. Subject to the terms and conditions of this Agreement, Webroot hereby grants You a limited, non-exclusive, personal license to install, perform and use the Software, in machine-readable form only, solely for Your own personal or internal business use on a single computer in accordance with the instructions, specifications and documentation provided with the Software. You may make one (1) copy of the Software only for backup and archival purposes, provided that You reproduce all copyright and other proprietary notices that are on the original copy of the Software.
RESTRICTIONS. You may not use or copy the Software, or any copy thereof, in whole or in part, except as expressly provided in this Agreement. You may not modify, reproduce, create derivative works of, distribute, sell, resell, lend, loan, lease, license, sublicense or transfer (except as expressly provided herein) the Software or any portion thereof. You may not reverse engineer, disassemble, decompile, or translate the Software, or otherwise attempt to derive the source code of the Software, or authorize any third party to do any of the foregoing, except to the extent allowed under any applicable law. The Software contains trade secrets, trademarks, patents, and copyrights owned by Webroot, and You shall maintain the Software in confidence. You shall not allow any access to or use of the Software by anyone other than You, or Your employees or agents, and any such use must be consistent with the terms, conditions and restrictions set forth in this Agreement. You may transfer the limited license granted herein solely in connection with the transfer of the Software, provided, however, that You deliver all copies of the Software to the transferee, that You do not keep any copies of the Software or related materials, and that the transferee is given a copy of this Agreement and acknowledges and agrees to be bound by its terms. Any attempt to transfer any of the rights, duties or obligations hereunder not in accordance with the foregoing is null and void and without any force or effect.
LICENSE FEES. You are responsible for paying Webroot or the retailer from whom you purchased the Software, the specified fees, and applicable taxes, for the license of the Software.
OWNERSHIP. The Software is licensed, not sold, to You for Your use only under the terms of this Agreement, and HARNEU SOFTWARE reserves all rights not expressly granted to You. You own the media, if any, on which the Software is recorded, but HARNEU SOFTWARE retains ownership of all copies of the Software itself.
UPDATES/SUPPORT. From time to time, HARNEU SOFTWARE may make new releases, revisions or enhancement to the Software ("Updates") available to You. Your purchase must be recorded with HARNEU SOFTWARE either through product registration or a direct purchase through www.harneu.com or other recognised representative sites for You to be notified of Updates.
TERM/TERMINATION. The Agreement becomes effective when You agree to the terms and conditions of this Agreement by opening, installing, using, accessing and this Agreement will terminate immediately upon notice to You if You materially breach any term or condition of this Agreement. You agree upon termination to promptly destroy the Software and all copies thereof.
TRIAL. If you are using the Software on a trial basis, and are authorized to do so, then You shall have a license under this Agreement to use the Software for the number of days indicated in the materials accompany the Software (the "Trial Period") from the date You install it, solely for the purpose of evaluating the Software to determine whether to purchase an ongoing license to the Software. During the Trial Period, the Software is provided to You "as is" and Your use is entirely at Your own risk.
WARRANTY DISCLAIMER. THE SOFTWARE IS PROVIDED TO YOU "AS IS" AND HARNEU SOFTWARE AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO ANY SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTILIABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HARNEU SOFTWARE, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.
LIMITATION OF REMEDIES. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL WEBROOT OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH. IN NO EVENT SHALL THE LIABILITY OF HARNEU SOFTWARE EXCEED THE TOTAL AMOUNT RECEIVED BY HARNEU SOFTWARE FROM YOU UNDER THIS AGREEMENT.
EXPORT LAW. The Software and related technology are subject to Australian export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that You have the responsibility to obtain such licenses to export, re-export or import as may be required.
GENERAL. This Agreement will be governed by the laws of the State of South Australia in Australia, without regard to or application of any conflicts of law rules or principles. The federal and state courts for South Australia shall have exclusive jurisdiction over any disputes, claims or controversies arising out of or relating to this Agreement, and You hereby irrevocably waive any objection to the jurisdiction of such courts over any such dispute, claim or controversy. If any provision of this Agreement is held to be unenforceable, that provision will be enforced to the extent permissible by law and the remaining provisions will remain in full force. This Agreement 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 You and HARNEU SOFTWARE in relation to the subject matter of this Agreement.