End user agreement for modusGate
SOFTWARE LICENSE AGREEMENT (2005-2010)
*** IMPORTANT PLEASE READ CAREFULLY: Vircom (the "Licensor") and its technology suppliers have exclusive rights to the software specified above, (the "Software") which is protected by Canadian, United States and international copyright laws. The following is a legally binding agreement between you and Vircom.
BY USING THE SOFTWARE, YOU (the "Licensee") ARE CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (the "License"). IF YOU DO NOT CONSENT TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN FOR REFUND THE SOFTWARE TO THE VENDOR FROM WHOM YOU OBTAINED IT.
1. GRANT OF LICENSE.
Vircom and its suppliers hereby grant to you a non-exclusive license to use the Software and any accompanying documentation on the following terms:
(a) LICENSE OPTIONS: The Software License may includes technologies licensed by Vircom from other 3rd party companies including McAfee® and/or Norman®. It is licensed for use exclusively by the number of Server and/or End User licenses, and/ or seat or mailbox you have purchased from Vircom, and is confirmed on the License Certificate and/or Invoice provided to you by Vircom at the time of purchase.
If the number of End User licenses, and/ or seat or mailbox you have purchased is exceed you have a maximum of fifteen (15) days to regularize your Software License. Vircom reserves the rights to lock services and/or prosecute after this period.
The Software is deemed "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed onto the permanent memory (e.g. hard disk or other storage medium) of that computer. The Administrator (console) is subject to this agreement, however it may be freely installed on any of your computers.
(b) USE OF SUPPORT SERVICES: Vircom may provide you with support services related to the Software. Use of Support Services is governed by Vircom policies and programs described in the user manual, product documentation, and/or other materials provided by Vircom, or at www.vircom.com. Any supplemental software code including Anti-Virus definitions and/or Anti-Spam Sieve Script definitions, or any other definitions provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this License.
Anti-spam and anti-virus scanning functionalities are licensed for the duration of the support service contract and will be automatically deactivated at the expiration of the current support service agreement. Customers with prior and active support service agreement will continue to benefit from the scanning services without the benefit of receiving new updates.
Any technical information provided or transmitted to Vircom as part of Support Services may be used by Vircom for business purposes, including product support and development.
Any supplemental software code, including Anti-Virus definitions and/or Anti-Spam Sieve Script definitions, or any other definitions provided to you by Vircom, are NOT TRANSFERABLE and you may not disclose it to any other person or entity. They remain the exclusive property of Vircom Inc. and/or its supplier.
(c) TRANSFER: You may transfer the Software to another server provided that it is removed from the computer from which it is transferred. You may not rent, lease, sell, assign, sublicense or otherwise transfer the Software in whole or in part to another party without the express written permission of Vircom.
(d) FEE BASED SERVICES: The Software may not be used to provide spam/virus detection as part of a fee based messaging service offering without the prior written consent of Vircom.
(e) NOTICE TO USERS: You shall inform all end users of the Software terms and conditions of the use of the Software as specified herein.
(f) SOFTWARE: You may not:
1) Reverse engineer, de-compile, disassemble or modify the Software; or
2) Remove any proprietary notices, labels or marks on the Software.
(g) VERSION LIMITATION: Your License permits you to install one copy of the Software with the same version number as the Software version number listed above on a single computer. Terms of a Support Services agreement between you and Vircom may override this limitation.
If the Software delivered under this License is an Upgrade, you must have a valid license for the qualifying product that is being upgraded for this License to be valid, and the Software must be used to replace such qualifying product.
The Software is licensed, not sold. Title and copyrights in and to the Software (including any images, applets, photographs, animations, video, audio, music, and text incorporated into the Software), accompanying printed materials, and any copies you are permitted to make herein are owned by Vircom or its suppliers and are protected by Province of Quebec, Canadian, United States copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material (e.g. a book or musical recording) except that you may make one copy of the Software solely for archival purposes. You may not copy the printed Documentation accompanying the Software.
The manual is Copyright 2010 ©Vircom Inc. The Software is Copyright 2010 ©Vircom Inc.
Anti-Spam Gate(TM), modusGate(TM), modusMail(TM), modusSieve(TM), modusWebMail(TM), modusAdmin(TM), SieveIT(TM) and respective logos are registered trademarks of ©2010 Vircom Inc. All Rights Reserved.
McAfee® is a registered trademark of Network Associates, Inc. and/or its affiliates in the US and/or other countries. ©2010 Networks Associates Technology, Inc. All Rights Reserved.
Norman® is a registered trademark of Norman ASA and/or its affiliates in the US and/or other countries. ©2010 Norman ASA. All Rights Reserved.
5. STATISTICAL INFORMATION
The Licensee understands and accepts that the Software sends statistical information to Vircom over the Internet, and the Licensee agrees to configure its network to allow Vircom's access to this information and to forward to Vircom, upon request, any information that Vircom may require from time to time for statistical purposes. The Licensee acknowledges that Exception Logs may be sent electronically to Vircom and be used for Quality Control purposes.
6. LIMITED WARRANTY.
Vircom warrants that the Software will perform substantially in accordance with this manual for a period of thirty (30) days from the date of receipt. Any implied warranties on the Software are limited to thirty (30) days, or the shortest period permitted by applicable law, whichever is greater. The entire liability of Vircom and your exclusive remedy shall be, at the option of Vircom, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet this Limited Warranty and which is returned to Vircom with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period. In the case of media transfer, Vircom will provide you with an implied warranty of merchantability. If you are a U.S. Government licensee your recovery is limited in accordance with FIRMR 201-39.5202-6. Vircom solely warrants that the media containing the Software is free from defects in material and workmanship and will so remain for thirty (30) days from the date you acquired the Software. Vircom's only liability for any breach of this warranty shall be to replace such defective media.
Vircom does not warrant that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. In addition, security mechanisms that may be implemented by the Software have inherent limitations, and you must determine that the Software sufficiently meets your requirements. The Software is not fault-tolerant. It is not designed, manufactured or intended for use with, or resale as, online control equipment in hazardous environments requiring fail safe performance (such as nuclear facilities, aircraft navigation or communications systems, aircraft traffic control systems, life support machines, or weapons systems) in which the failure of the Software could lead directly to death, personal injury or severe physical or environmental damage ("High Risk Activities"). VIRCOM AND ITS SUPPLIERS/PARTNERS/RESELLERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH-RISK ACTIVITIES.
THIS IS A LIMITED WARRANTY AND THE ONLY WARRANTY MADE BY VIRCOM. VIRCOM MAKES NO OTHER EXPRESS WARRANTY, NO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND NO WARRANTY OF NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. IF ANY MODIFICATIONS ARE MADE TO THE SOFTWARE BY YOU DURING THE WARRANTY PERIOD; IF THE MEDIA IS SUBJECTED TO ACCIDENT, ABUSE, OR IMPROPER USE; OR IF YOU VIOLATE THE TERMS OF THIS LICENSE, THEN THIS WARRANTY SHALL IMMEDIATELY BE TERMINATED. THIS WARRANTY SHALL NOT APPLY IF THE SOFTWARE IS USED ON OR IN CONJUNCTION WITH HARDWARE OR SOFTWARE OTHER THAN THE UNMODIFIED VERSION OF HARDWARE AND SOFTWARE WITH WHICH THE SOFTWARE WAS DESIGNED TO BE USED AS DESCRIBED IN THE DOCUMENTATION. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL VIRCOM OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION BEYOND REFUNDING TO YOU THE LESSER OF THE FOLLOWING AMOUNTS i) VIRCOM LIST PRICE FOR THE SOFTWARE OR ii) THE AMOUNT VIRCOM RECEIVED FOR THIS LICENSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIRCOM DISCLAIMS ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND THIS MANUAL. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIRCOM AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS), WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE OR THIS MANUAL. IN ANY CASE, THE ENTIRE LIABILITY OF VIRCOM UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE, OR TO $1000, WHICHEVER IS THE LESSER. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
EXPORT CONTROLS: None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported to any country to which such export or transmission is restricted by any applicable Canadian or U.S. regulation or statute, without the prior written consent, if required, of the Canadian Department of External Affairs, or the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such matters. Vircom reserves the rights to stop any orders that are in violation with such export control.
COMPLETE AGREEMENT: This License represents the complete agreement concerning the Software between the parties and supersedes all prior agreements and representations between them. It may be amended only by written executed by both parties. If any provision of this License is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. By your acceptance of the terms and conditions of this License you warrant that no term of this License is inconsistent with or in violation of any local applicable rule or governmental regulation.
TERMINATION: Without prejudice to any other rights, Vircom may terminate this License if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software.
JURISDICTION AND INTERPRETATION: This agreement shall be interpreted according to the Law of Quebec, which shall apply to the whole terms thereof. You consent to the jurisdiction of the Quebec Courts insofar as not already subject thereto. The Software and Documentation are provided with Restricted Rights. Use, duplication, or disclosure by the United States of America, its agencies and/or instrumentalities is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Vircom Inc., 460 Saint-Catherine Street, suite 600, Montreal, Quebec, H3B 1A7, Canada.
Should you have any questions concerning this License, or if you desire to contact Vircom for any reason, please contact the sales or marketing office in your area. For locations, consult our web site at www.vircom.com.
For technical support on any component of the Software, contact Vircom Support Team at www.vircom.com.