End user agreement for Email Audit
END-USER LICENSE AGREEMENT:
Email Audit Version 3.2.0
IMPORTANT READ CAREFULLY:
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and KMSOFT TECHNOLOGIES LTD for the KMOSFT software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). An amendment or addendum to this EULA may accompany the SOFTWARE PRODUCT. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE PRODUCT; SURENDER YOUR License Key PURCHASED FOR A FULL REFUND by sending a mail to firstname.lastname@example.org mentioning the key. Refund Claim is subject to verification of License usage and must be made within 10days of purchase.
1. GRANT OF LICENSE. KMSOFT grants you the following rights provided you comply with all terms and conditions of this EULA:
* SOFTWARE PRODUCT. You may install one and only one copy per User License and use the SOFTWARE PRODUCT (See Licenseing Process) on computers residing on your premises for use with any version or edition of Microsoft Windows 95, Windows 98, Windows NT 4.0, Windows 2000, Windows XP, Windows ME operating system.
*Distribution Terms. You are not supposed to distribute this producd identified above in any form without KMSOFT's express written permission.
* Reservation of Rights. KMSOFT reserves all rights not expressly granted to you in this EULA.
2. CONFIDENTIALITY: The Software, including its features, is proprietary and confidential information of KMSOFT . You agree not to disclose or provide the Software, documentation, or any information relating to the Product identified above (including features or the results of use or testing) to any third party except as expressly provided herein without KMSOFT's express written permission. However, you may disclose confidential information in accordance with judicial or other governmental order, provided you shall give KMSOFT reasonable notice prior to such disclosure and shall comply with any applicable protective order or equivalent. You shall not be liable to KMSOFT for such information which you can prove (1) is already known to you; (2) becomes publicly known through no wrongful act of you; (3) is rightfully received from a third party without similar restriction and without breach of this Agreement; or (4) is independently developed by you. This provision shall survive the termination or expiration of this Agreement.
3. TRANSFER Internal: You should not move the SOFTWARE PRODUCT to a different Computer Or Transfer to Third Party. No Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
4. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile,Hook or disassemble the SOFTWARE PRODUCT, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.
5. TERMINATION. Without prejudice to any other rights, KMSOFT may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
6. CONSENT TO USE OF DATA. You agree that KMSOFT and its affiliates may collect and use technical information you provide through the LICENSING PROCESS as a part of support services related to the SOFTWARE PRODUCT. KMSOFT agrees not to use this information in a form that personally identifies you.
7. NOT FOR RESALE SOFTWARE: SOFTWARE PRODUCT identified as "Not for Resale" or "NFR," may not be resold, transferred or used for any purpose other than demonstration, test or evaluation.
8. ACADEMIC EDITION SOFTWARE. To use SOFTWARE PRODUCT identified as "Academic Edition" or "AE," you must be a "Qualified Educational User." For qualification-related questions, please contact KMSOFT or the KMSOFT subsidiary serving your country.
9. EXPORT RESTRICTIONS: You acknowledge that the SOFTWARE PRODUCT is of Indian origin. You agree to comply with all applicable international and national laws that apply to the SOFTWARE PRODUCT, including the Indian Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by Govt of India and other governments.
10. DISCLAIMER OF WARRANTIES: To the maximum extent permitted by applicable law, KMSOFT and its suppliers provide to you the SOFTWARE PRODUCT, and any (if any) support services relating to the SOFTWARE PRODUCT ("Support Services") AS IS AND WITH ALL FAULTS; and KMSOFT and its suppliers hereby disclaim with respect to the SOFTWARE PRODUCT and Support Services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. ALSO THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND ANY SUPPORT SERVICES REMAINS WITH YOU.
11. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KMSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IF KMSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of KMSOFT and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or U.S.$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
15. APPLICABLE LAW. If you have acquired this SOFTWARE PRODUCT directly from KMsoft and/or through our Partners anywhere in the world, this EULA is governed by the laws of the Republic of India and in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the Supreme Court and High Courts within the Republic of India.
16. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the SOFTWARE PRODUCT) are the entire agreement between you and KMSOFT relating to the SOFTWARE PRODUCT and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE PRODUCT or any other subject matter covered by this EULA. To the extent the terms of any KMSOFT policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
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The SOFTWARE PRODUCT is protected by copyright and other intellectual property laws and treaties. KMSOFT or its suppliers own the title, copyright, and other intellectual property rights in the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold.