End user agreement for Mail Archive Pro
MAIL ARCHIVE PRO
LICENCE AGREEMENT AND LIMITED WARRANTY
IMPORTANT - Please read this Licence Agreement carefully.
This End-User Licence Agreement ("EULA") is a legal agreement between you and Out of the Park Developments GmbH & Co. KG, 21723 Hollern, Germany ("OOTP Developments" or "we") for the computer software stated above, which includes computer software and associated media, materials and other documentation together with any updates to the original software which is provided to you ("Software Product").
Copyright and other intellectual property laws and treaties protect this Software Product. The Software Product is licensed, not sold.
WE ARE ONLY PREPARED TO LICENCE YOU TO USE THE SOFTWARE PRODUCT ON THE TERMS OF THIS EULA. PLEASE READ THROUGH THE FOLLOWING LICENCE CONDITIONS. IF YOU AGREE TO BE BOUND BY THEM PLEASE CLICK I ACCEPT AT THE END OF THIS EULA AT WHICH POINT THE SOFTWARE PRODUCT WILL BE LOADED ONTO YOUR COMPUTER. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA CLICK NOT ACCEPTED AND THE SOFTWARE PRODUCT WILL NOT BE LOADED ONTO YOUR COMPUTER. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, PLEASE DO NOT INSTALL OR USE THIS PRODUCT. CONTACT SUPPORT@ELICENSE.COM DURING 10 DAYS AFTER YOU PURCHASE THE PRODUCT AND YOU WILL GETT A FULL REFUND.
1. Technical Support
If you require technical assistance, please refer to the manual accompanying the Software Product or our web site at http://www.mailarchive.biz/, or otherwise contact firstname.lastname@example.org.
You are permitted to:
(a) load the Software Product into and use it on a single computer which is under your control and which meets the specifications referred to in the manual for your own private and domestic use;
(b) transfer the Software from one computer to another provided it is used on only one computer at any one time;
(c) transfer the Software Product (complete with all documentation) and the benefit of this EULA to another person provided such person has agreed to accept the terms of this EULA and you contemporaneously transfer any permitted copies of the Software Product you may have made to that person or destroy all copies not transferred. If any transferee does not accept such terms then this EULA shall automatically terminate.
All rights not expressly granted hereunder are, to the extent permitted by law, reserved to OOTP Developments and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this Agreement.
You are not permitted:
(a) to load the Software Product on to a network server for the purposes of distribution to
one or more other computer(s) on that network or to effect such distribution;
(b) except as expressly permitted by this EULA and save and to the extent in the circumstances expressly permitted by applicable law, to rent, lease, sub-licence, loan, exploit for profit or gain, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software Product or use, reproduce or deal in the Software Product or any part thereof in any way.
Without prejudice to any other rights, OOTP Developments may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In the event of termination, you must destroy all copies of the Software Product and all of its component parts including any Software Product stored on the hard disk of any computer.
You only own the media on which the Software Product is recorded. OOTP Developments and/or its licensors shall at all times retain ownership of the Software Product as recorded on the media and all subsequent copies regardless of form.
6. Limited Warranty and Exclusions
6.1 LIMITED WARRANTY: OOTP Developments warrants to the original purchaser of this Software Product that the physical medium on which the Software Product is recorded will under normal use and conditions be free from material defects in materials and workmanship for a period of ninety (90) days from the date of purchase. The entire liability of OOTP Developments under this limited warranty will be, at OOTP Developments' sole option, either (a) to return of the purchase price paid; or (b) to repair or to replace free of charge the Software Product that does not meet this limited warranty provided you return it in its original condition to the point of purchase with a copy of your receipt. OOTP Developments will pay the costs of sending a replacement Software Product to you.
6.2 The limited warranty in paragraph 6.1 above is void if failure of the Software Product has resulted from accident, abuse or misapplication. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
6.3 The limited warranty in this paragraph 6 does not affect your statutory rights which may vary from state/jurisdiction to state/jurisdiction.
6.4 Subject to the limited warranty above, this Software Product is provided "as is" and without warranty of any kind. To the maximum extent permitted by applicable law, OOTP Developments and its licensors disclaims all other representations, warranties, conditions or other terms, either express or implied, including, but not limited to implied warranties and/or conditions of merchantability and fitness for a particular purpose, with regard to the Software Product and each and every part thereof. Without prejudice to the generality of the foregoing, OOTP Developments does not warrant that the Software Product is error-free.
6.5 In addition, to the maximum extent permitted by applicable law:
(a) in no event shall OOTP Developments or its licensors be liable for any damages whatsoever (including, but not limited to, direct, indirect, or consequential damages for personal injury, loss of profits, business interruption, loss of information, or any pecuniary loss) arising out of the use of or inability to use this Software Product, even if OOTP Developments has been advised of the possibility of such damages.
(b) in any case, the maximum aggregate liability of OOTP Developments and its licensors under or in relation to this EULA or the use or attempted use of this Software Product shall be limited to the amount actually paid by you for the Software Product.
6.6 Nothing in this EULA shall limit OOTP Developments' liability to you in negligence for death or personal injury.
7. Governing Law
7.1 This EULA and any claim or dispute of whatever nature arising out of or relating to this EULA shall be governed by, and construed in accordance with, German law.
7.2 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA.