End user agreement for Mass Mailing News standard Edition
Copyright (Registration No. 1040501)
END-USER LICENSE AGREEMENT FOR "Mass Mailing News" aka "Mass Mailing News Free, Personal, Standard or Enterprise Editions"
IMPORTANT - READ CAREFULLY please read the following license agreement. You must agree to its terms before using this software.
This end-user license agreement is a legal agreement between you either as an individual or a single entity ("LICENSEE") and Management-Ware Solutions Inc. for Mass Mailing News, including computer software, electronic documentation and printed materials ("SOFTWARE"). By Downloading, installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this license, promptly destroy all copies of the SOFTWARE, including any updates, in your possession or return them to Management-Ware Solutions.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE. Management-Ware Solutions grants to you the LICENSEE a nonexclusive license to make and use copies of the SOFTWARE in the manner provided below. If a single user license was bought, the LICENSEE has the option of installing the SOFTWARE on a single machine possibly used by one or more persons, or installing the SOFTWARE on several machines used exclusively by a single person. Any combination of these options, or installing the SOFTWARE on a network server, is not permitted.
If a multi-user license was bought, the LICENSEE may choose to install the SOFTWARE on as many machines as licenses were bought, but no more, or the LICENSEE may choose to install the SOFTWARE on one or more network servers on the condition that the number of client machines that have access to that server or those servers, is equal to or less than the number of licenses bought. When the number of client machines grows, the LICENSEE must buy additional licenses.
Management-Ware Solutions may have patents or pending patent applications, trademarks, copyrights, or other intellectual property rights covering the SOFTWARE. You are not granted any license to these patents, trademarks, copyrights, or other intellectual property rights except as expressly provided herein. Management-Ware Solutions ltd. reserves all rights not expressly granted.
Management-Ware Solutions reserves the right to terminate this license at any time, at which time you must destroy all copies of the SOFTWARE you have previously installed.
2. COPYRIGHT AND TRADEMARK.
(a) All title and copyrights in and to the SOFTWARE (including, but not limited to, any images, photographs, animation, video, audio, music, text, source code and "applets," incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by Management-Ware Solutions and its suppliers. COPYRIGHT © 2006 Management-Ware Solutions. ALL RIGHTS RESERVED.
(b) Except as stated herein, none of the copyrighted materials may be copied, reproduced, distributed, republished, transferred, sold, used to create derivative works, performed, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of Management-Ware Solutions Inc. or the respective copyright owner. Software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright.
(c)The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may either (i) make one copy of the SOFTWARE solely for backup or archival purposes, or (ii) install the SOFTWARE on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE.
(d) Management-Ware Solutions, Mass Mailing News, the Management-Ware Solutions logo, the Mass Mailing News logo, graphics, and icons in the software are trademarks, service marks, trade dress, and/or registered trademarks of Management-Ware Solutions Inc. and may not be copied, imitated or used, in whole or in part, without the prior written permission of Management-Ware Solutions Inc.
3. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit the SOFTWARE PRODUCT or related documentation and technical data (or any part thereof), or process, or service that is the direct product of the SOFTWARE PRODUCT to any country to which such export or transmission is restricted by any applicable Canada Regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the Canada Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
4. DISCLAIMER OF WARRANTY
NO WARRANTIES. The SOFTWARE PRODUCT is provided "as is" without warranty of any kind. To the maximum extent permitted by applicable law, Management-Ware Solutions Inc. and its suppliers disclaim all warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty against infringement, with regard to the SOFTWARE. This limited warranty gives you specific legal rights. You may have others that vary from province/jurisdiction to province /jurisdiction.
5. CUSTOMER REMEDIES. Management-Ware Solutions's entire liability and your exclusive remedy shall not exceed the price paid for the SOFTWARE.
6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Management-Ware Solutions Inc. or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Management-Ware Solutions product, even if Management-Ware Solutions Inc. has been advised of the possibility of such damages. Because some province/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
7. DO NOT SEND UNSOLICITED EMAIL. Be aware that you are solely responsible for the messages you send. In many cases sending unsolicited email (AKA Spam) is in violation of the law, and you will be solely accountable and liable for damages and violations.
We reserve the right to refuse technical support and/or other services if you:
1. send unsolicited email; or
2. hijack a mail server relay; or
3. distribute illegal information or materials; or
4. forge header information; or
5. put false of misleading information in the subject; or
6. fail to provide a means for unsubscribing from your lists or groups
This license shall be construed and interpreted in accordance with Canada Law. The Courts of Canada shall have exclusive jurisdiction in relation to any claim, dispute or other matter arising there from.
Should you have any questions concerning this Agreement, please contact Management-Ware Solutions via http://www.management-ware.com
Management-Ware Solutions Inc.
230 Henri Bourassa E, suite 205
Montreal (Quebec) H3L 1B8, Canada
Phone : 1 514 381 – 7722
Fax: 1-514-381- 7725