End user agreement for ComArchive Express
ComArchive License Agreement ==================================== Copyright (C) 2006-2009 ComArchive Aps. IMPORTANT: YOU SHOULD CAREFULLY READ THIS LEGAL AGREEMENT BEFORE INSTALLING THIS PACKAGE. BY INSTALLING YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE THAT YOU WILL BE LEGALLY BOUND BY THEM. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU, DO NOT CONTINUE TO INSTALL THIS SOFTWARE. This License Agreement is a legal agreement between you (either an individual or a single entity) and ComArchive Aps ("ComArchive") for the ComArchive software that accompanies this License Agreement, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Software"). This License Agreement applies to updates, supplements, add-on components, or Internet-based services components, of the ComArchive product that ComArchive may provide to you or make available to you after the date you obtain your initial copy of the software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. ComArchive reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software. COMARCHIVE EXPRESS AND COMARCHIVE ENTERPRISE LICENSE AGREEMENT. LICENSE FOR FREE AND/OR TRIAL VERSIONS. All free and/or trial versions are supplied "as is" without warranty of any kind. Installation and use at your own risk only. You may not rent, lease, lend or provide commercial hosting services with the Software. You may not sell or transfer the Software or/and this license to other legal entities. You agree that ComArchive and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the ComArchive product. ComArchive may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you. You are not allowed not remove any product identification, copyright notices, or other notices or proprietary restrictions from ComArchive Express or ComArchive Enterprise. You are not allowed to cause or permit reverse engineering, disassembly, or de-compilation of ComArchive Express or ComArchive Enterprise. You are responsible for the installation, configuration, adjustments, maintenance and update of the Software. You are responsible for the installation, configuration, adjustments, maintenance (including backup) and update of any third party software or hardware products that are interacting, integrating, utilised by or influeced by the Software. Every instance of assistance connected to the installation, configuration, adjustment, maintenance and update of the Software is subject to a separate agreement. ADDITIONAL LICENSE AGREEMENT FOR COMMERCIAL VERSIONS. In addition to this license the ComArchive Aps Terms of Sale conditions apply. GENERAL PROVISIONS: The license is only valid for the number of registered users. The number of registered users for a costumer is the number of users which is configured by you (the customer) to be included by the ComArchive archiving process. The license applies only to use in the customers company and/or subsidiaries owned principally or wholly by the customer. Once license is activated the license is valid for major version of the ComArchive application. COPYRIGHT/OWNERSHIP OF PROGRAM. ComArchive Express and ComArchive Enterprise is the proprietary product of ComArchive Aps and its licensors and it is protected by copyright, trade secret and other intellectual property laws. ComArchive Express and ComArchive Enterprise may utilize or/and install 3rd party products, if so needed for the customers (your) installation. If any third party products is to be installed, these will be listed during the installation process, and customer (you) must accept the license terms for any 3rd party products installed by the ComArchive product(s) installation program. Customer acquires only the right to use the software and does not acquire any rights, express or implied, in ComArchive other than those specified in this License. ComArchive Aps, or its licensor, shall at all times retain all rights, title, interest, including intellectual property rights, in ComArchive Express and ComArchive Enterprise. PRECONDITION. It is the responsibility of the customer to ensure that all other programs and hardware necessary to use the Software are present, including third party licensed software. The license is subject to Customers acceptance of the prerequisites and functionality as outlined in the at any time valid ComArchive documentation. TERMINATION. Without prejudice to any other rights, ComArchive may terminate this License Agreement if you fail to comply with the terms and conditions of this License Agreement. In such event, you must destroy all copies of the ComArchive software and all of its component parts. LIMITATION OF LIABILITY: NEITHER COMARCHIVE APS NOR ANY OF ITS EMPLOYEES AND LICENSORS SHALL BE LIABLE FOR ANY DAMAGES CAUSED BY THE SOFTWARE, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS, REVENUE, DATA, INCURRED BY CUSTOMERS OR ANY THIRD PARTY, EVEN IF COMARCHIVE APS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN CASES WHERE STATE OR COUNTRY LAW DOES NOT ALLOW SUCH LIMITATION THE LIABILITY SHALL IN ANY CASE BE LIMITED TO THE PRICE PAID FOR THE LICENSE. CUSTOMER HEREBY ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMARCHIVE AND ITS SUPPLIERS PROVIDE THE COMARCHIVE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE _________________________ LUCENE.NET. LICENSE TERMS. ComArchive utilizes the Lucene.Net search engine from Apache organization (apache.org). ComArchive does not include any “derived work” from the Lucene.Net application - which means that ComArchive only interfaces to the Lucene.Net application. ComArchive has not done any changes to the standard Lucene.Net application. This ensures you that you will always be able to smoothly upgrade your Lucene.Net application. Do not change your Lucene.Net application utilized by ComArchive without consulting ComArchive (email@example.com). By accepting the license term you agree to the following: Copyright ComArchive Aps, the ComArchive Search engine is Lucene.Net. Lucene.NET is licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. CONDITIONAL LICENSE AGREEMENT(S):============================================== Below you will find EULA and License Agreement for Microsoft components that may have been installed during the installation of ComArchive. Please note that these will only be of relevance IF these components are installed via the ComArchive install package. I all likelihood most of the Microsoft Components will already be installed on your server. At the end of the installation process you will be presented with information about which Microsoft Components has been installed. _______ONLY RELEVANT IF YOU DO NOT HAVE MICROSOFT .NET FRAMEWORK INSTALLED_______________ MICROSOFT SOFTWARE SUPPLEMENTAL LICENSE TERMS. MICROSOFT .NET FRAMEWORK 2.0. Microsoft Corporation (or based on where you live, one of its affiliates) licenses this supplement to you. If you are licensed to use Microsoft Windows operating system software (the “software”), you may use this supplement. You may not use it if you do not have a license for the software. You may use a copy of this supplement with each validly licensed copy of the software. The following license terms describe additional use terms for this supplement. These terms and the license terms for the software apply to your use of this supplement. If there is a conflict, these supplemental license terms apply.----------------------------------.By using this supplement, you accept these terms. If you do not accept them, do not use this supplement. If you comply with these license terms, you have the rights below. 1. SUPPORT SERVICES FOR SUPPLEMENT. Microsoft provides support services for this supplement as described at www.support.microsoft.com/common/international.aspx.2. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. This supplement includes the .NET Framework component of the Windows operating systems (“.NET Component”). You may conduct internal benchmark testing of the .NET Component. You may disclose the results of any benchmark test of the .NET Component, provided that you comply with the following terms: (1) you must disclose all the information necessary for replication of the tests, including complete and accurate details of your benchmark testing methodology, the test scripts/cases, tuning parameters applied, hardware and software platforms tested, the name and version number of any third party testing tool used to conduct the testing, and complete source code for the benchmark suite/harness that is developed by or for you and used to test both the .NET Component and the competing implementation(s); (2) you must disclose the date (s) that you conducted the benchmark tests, along with specific version information for all Microsoft software products tested, including the .NET Component; (3) your benchmark testing was performed using all performance tuning and best practice guidance set forth in the product documentation and/or on Microsoft’s support web sites, and uses the latest updates, patches and fixes available for the .NET Component and the relevant Microsoft operating system; (4) it shall be sufficient if you make the disclosures provided for above at a publicly available location such as a website, so long as every public disclosure of the results of your benchmark test expressly identifies the public site containing all required disclosures; and (5) nothing in this provision shall be deemed to waive any other right that you may have to conduct benchmark testing. The foregoing obligations shall not apply to your disclosure of the results of any customized benchmark test of the .NET Component, whereby such disclosure is made under confidentiality in conjunction with a bid request by a prospective customer, such customer’s application(s) are specifically tested and the results are only disclosed to such specific customer. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the .NET Component, provided it complies with the same conditions above._______ONLY RELEVANT IF YOU DO NOT HAVE EXCHANGE SERVER 2003 WEB RELEASE TOOLS INSTALLED____. EXCHANGE SERVER 2003 WEB RELEASE TOOLS. END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation ("Microsoft") for the Microsoft software identified above and that accompanies this EULA, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Software"). An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE (IF APPLICABLE) FOR A FULL REFUND. 1. GRANT OF LICENSE. Microsoft grants you the following rights provided that you comply with all terms and conditions of this EULA: You may install and use any number of copies of the Software on computers, including workstations, terminals or other devices solely for your internal use and solely in conjunction with Microsoft Exchange Server 2003. 2. ADDITIONAL LICENSE RIGHTS. Documentation. You may make and use an unlimited number of copies of any documentation, provided that such copies shall be used only for the purposes specified above and are not to be republished or distributed (either in hard copy or electronic form) beyond your premises. 3. RESERVATION OF RIGHTS AND OWNERSHIP. Microsoft reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. 4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software. 6. CONSENT TO USE OF DATA. You agree that Microsoft and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Microsoft may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you. 7. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Microsoft may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Microsoft reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.
8. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. For additional information see <http://www.microsoft.com/exporting/>. 9. SOFTWARE TRANSFER. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
10. TERMINATION. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
11. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. 12. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR 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, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 13. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$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.
14. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013