End user agreement for MsgSave
IMPORTANT: READ THIS AGREEMENT CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN SARCOPHAGUS LIMITED AND YOU (ACTING AS AN INDIVIDUAL OR, IF APPLICABLE, ON BEHALF OF THE INDIVIDUAL OR ENTITY ON WHOSE COMPUTER THE SOFTWARE IS INSTALLED). IF YOU CLICK THE “ACCEPT” OPTION OR INSTALL THE SOFTWARE PRODUCT ACCOMPANYING THIS AGREEMENT (THE “SOFTWARE”) YOU WILL BE BOUND BY THIS AGREEMENT. You are not required to accept these terms but, unless and until you do, the Software will not install and you will not be authorised to use the Software.
If you do not wish to agree to these terms, please click “DO NOT ACCEPT” and obtain a refund of the purchase price as follows:
If you purchased a download, follow the instructions on the confirmation email you received in connection with the purchase. Please allow thirty (30) days for the credit to be applied to your account.
For all other purchases, destroy all copies of the Software you may have made (including archival copies) and return the Software in its original package, along with your receipt, to the point of purchase.
NOTICE: THE SOFTWARE MAY CONTAIN A “TIME OUT’ FEATURE THAT WILL RENDER THE SOFTWARE INOPERATIVE AT THE END OF THE TERM (AS DEFINED BELOW).
END USER SOFTWARE LICENSE AGREEMENT
1. License Grant; Related Provisions
a. Grant of License
SARCOPHAGUS LIMITED, subject to the terms and conditions of this Agreement, hereby grants to you a non-exclusive and non-transferable license during the Term to use the Software only in executable or object code form solely for your personal or internal business purposes. This license authorises you to use the Software on or in conjunction with up to (i) the number of computers specified by your order for the Software, or (ii) in the case of Software purchased on a CD or other physical medium, the number specified on the Software package, or (iii) if you received the Software in combination with other hardware or software, solely in conjunction with such other hardware or software.
You shall not, and shall not permit any third party to,
(i) duplicate the Software for any purpose other than as reasonably necessary to use the same as contemplated by this Agreement and for off-line archival and disaster recovery purposes;
(ii) except for temporary transfer in the event of computer malfunction, install the Software on a second computer;
(iii) publish the Software or use the same other than for the purposes described in Section 1.a of this Agreement;
(iv) except as expressly authorised by law, reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract the Software or any portion of the Software (including without limitation any related malware signatures and malware detection routines);
(v) except as expressly authorised by law, change, modify or otherwise alter the Software (including without limitation any related malware signatures and malware detection routines);
(vi) transfer, pledge, rent, share or sublicense the Software other than in connection with the sale or other transfer of the computer on which it is initially installed;
(vii) grant any third party access to or use of the Software on a service bureau, timesharing, subscription service, rental or application service provider basis or otherwise; or
(viii) defeat or circumvent, attempt to defeat or circumvent, or authorise or assist any third party in defeating or circumventing controls on the installation or use of copies of the Software.
SARCOPHAGUS LIMITED, from time to time during the Term, may provide updates to the Software and/or the malware signatures included therein (each, an “Update”). Updates will be deemed Software for all purposes under this Agreement. You acknowledge that you must routinely download and permit installation of Updates in order to obtain maximum benefit from the Software.
2. Term; Termination
The initial term of this Agreement will commence on the date you download or otherwise acquire the Software, and will continue
(i) for the term you specified in your order for the Software, or
(ii) if you purchased the Software on CD or other physical medium, on the Software package, or
(iii) if you received the Software in combination with other hardware or software, the term specified by your supplier. If renewal terms are available, SARCOPHAGUS LIMITED will provide notice offering you the opportunity to purchase renewals at the then-current renewal price. The initial term and any renewals purchased are referred to in this Agreement as the “Term”.
SARCOPHAGUS LIMITED, in addition to such other rights may be available at law or equity, shall be entitled to terminate this Agreement at any time without notice if you commit a material breach of this Agreement.
c. Effect of Termination
On the expiration or termination of this Agreement, you will cease using the Software, SARCOPHAGUS LIMITED may cease making Updates available to you, and the Software may cease functioning. Sections 1.b, 3, 4, 5 and 6 will survive the expiration or termination of this Agreement.
SARCOPHAGUS LIMITED reserves all rights in the Software not expressly granted by this Agreement. All copyrights, trademarks and other conceivable intellectual property rights in and to the Software (including, but not limited to, malware signatures and other data files, images appearing in the Software and screen displays as well as any and all documentation relating to the Software) are owned by SARCOPHAGUS LIMITED or its licensors, and are protected by English and foreign copyright laws, international treaties and other applicable laws. Any copy of the Software you are allowed to make pursuant to this Agreement must contain the entire copyright and other notices included with the original copy of the Software.
SARCOPHAGUS LIMITED warrants, that on delivery of the Software and for a period of thirty (30) days thereafter, that the medium (if any) on which the Software is delivered will be free of material defects, and that the Software will perform substantially in accordance with the applicable specifications. The foregoing warranty applies only to the Software as originally delivered, and does not apply to Updates. Your sole and exclusive remedy for breach of this Warranty is replacement of the defective media or Software or, at SARCOPHAGUS LIMITED’ option, return of the Software for a full refund. In order to exercise your rights under this Section 4, you must de-install and destroy all copies of the Software you may have made (including all archival copies), and (i) if you purchased the Software by download, follow the instructions on the confirmation email you received in connection with the purchase, or (ii) for all other purchases, return the Software in its original package, along with your receipt, to the point of purchase.
b. Beta Versions
Notwithstanding the provisions of Section 4.a, THE PROVISIONS OF THIS SECTION 4.b APPLY IN PLACE OF SECTION 4.a IF (AND ONLY IF) THE SOFTWARE IS A “BETA TEST” VERSION. In view of the evaluation nature of Software, Software is provided on an “as is”, “as available” basis, without warranty and without support or other services by SARCOPHAGUS LIMITED. YOU AGREE TO USE THE BETA SOFTWARE STRICTLY FOR THE PURPOSES OF EVALUATION AND TESTING, AND THAT YOUR RELIANCE ON THE AVAILABILITY OR ACCURACY OF THE BETA SOFTWARE SHALL BE ENTIRELY AT YOUR OWN RISK.
EXCEPT AS EXPRESSLY PROVIDED BY SECTION 4.a OF THIS AGREEMENT, SARCOPHAGUS LIMITED DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, MEDIA AND ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTY OF NONINFRINGEMENT. SARCOPHAGUS LIMITED DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SOFTWARE WILL PROVIDE 100% PROTECTION. Some jurisdictions do not allow limitations on an implied warranty, so the above limitations may not apply to you. You may have other rights that vary from jurisdiction to jurisdiction.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SARCOPHAGUS LIMITED OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES INCURRED FOR LOSS OF BUSINESS PROFITS OR REVENUE, LOSS OF PRIVACY, LOSS OF USE OF ANY COMPUTER OR SOFTWARE INCLUDING THE SOFTWARE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE SOFTWARE PROVIDED HEREUNDER, EVEN IF SARCOPHAGUS LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SARCOPHAGUS LIMITED’ LIABILITY RELATED TO THE SOFTWARE EXCEED THE LESSER OF THE FEES YOU ACTUALLY PAID FOR THE SOFTWARE AND SARCOPHAGUS LIMITED’ SUGGESTED RETAIL PRICE FOR THE SOFTWARE AS OF THE DATE YOU RECEIVED IT. THE FOREGOING LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SARCOPHAGUS LIMITED may deliver any notice to you via pop-up window, dialog box or other means, even though you may not receive the notice unless and until you launch the Software. Any such notice will be deemed delivered on the date SARCOPHAGUS LIMITED first makes it available through the Software, irrespective of when you actually receive it.
(ii) BY PROCEEDING TO INSTALL THE SOFTWARE, YOU ACKNOWLEDGE AND ACCEPT THAT, UPON ITS INSTALLATION, THE SOFTWARE MAY COMMUNICATE CERTAIN BASIC USAGE AND LICENSE INFORMATION TO SARCOPHAGUS LIMITED TO HELP CONTROL LICENSING AND COMPILE GLOBAL STATISTICS CONCERNING USAGE OF THE SOFTWARE BY USERS (for example concerning the number of installations and unique users, the number of clicks which the software receives, the number of files archived by users, etc.). Such statistical information will not include any personally identifiable information regarding users.
c. Complete Agreement
This Agreement constitutes the complete Agreement between the parties and supersedes all previous communications and representations or agreements, either oral or written, with respect to the subject matter hereof.
d. Amendments; Waiver
This Agreement may be modified or changed in whole or in part in any manner other than by an Agreement in writing duly signed by both parties hereto or by a further electronic agreement presented by SARCOPHAGUS LIMITED and accepted by you. SARCOPHAGUS LIMITED’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
The parties desire and intend that all of the provisions of this Agreement be enforceable to the fullest extent permitted by law. If any provision of this Agreement or the application thereof to any person or circumstances is, to any extent, construed to be illegal, invalid or unenforceable, in whole or in part, then such provision will be construed in a manner to permit its enforceability under applicable law to the fullest extent permitted by law. In any case, the remaining terms of this Agreement or the application thereof to any person or circumstance, other than those that have been held illegal, invalid or unenforceable, will remain in full force and effect.
f. Governing Law
This Agreement will be governed by British Law. The exclusive jurisdiction for any dispute will be courts sitting in the County of Yorkshire, United Kingdom.
This Agreement was originally prepared in the English language. SARCOPHAGUS LIMITED may provide one or more translations for your convenience, the English version will control in the case of any conflict or discrepancy.
This Agreement relates to Msgsave V5 which unlike previous versions is a subscription based license with a defined term. Previous versions can be upgraded at the rates defined on the www.Msgsave.com web site.