End user agreement for PBEmail 2006 ActiveX Edition
IMPORTANT-READ CAREFULLY: This End User License Agreement (this "EULA") contains the terms and conditions regarding your use of the SOFTWARE (as defined below). This EULA contains material limitations to your rights in that regard. You should read this EULA carefully and treat it as valuable property.
I. THIS EULA.
1. Software Covered by this EULA. This EULA governs your use of the Perfection Bytes Inc. ("PB") software product(s) enclosed or otherwise accompanied herewith (individually and collectively, the "SOFTWARE"). The term "SOFTWARE" includes, to the extent provided by PB: 1) any revisions, updates and/or upgrades thereto; 2) any data, image or executable files, databases, data engines, computer software, or similar items customarily used or distributed with computer software products; 3) anything in any form whatsoever intended to be used with or in conjunction with the SOFTWARE; and 4) any associated media, documentation (including physical, electronic and on-line) and printed materials (the "Documentation").
2. This EULA is a legally Binding Agreement between You and PB. If you are acting as an agent of a company or another legal person, such as an officer or other employee acting for your employer, then "you" and "your" mean your principal, the entity or other legal person for whom you are acting. However, importantly, even if you are acting as an agent for another, you may still be personally liable for violation of federal and State laws, such as copyright infringement.
II. YOUR LICENSE TO DEVELOP AND TO DISTRIBUTE.
As provided in more detail below, this EULA grants you two licenses: 1) a license to use the SOFTWARE to develop other software products (the "Development License"); and 2) a license to use and/or distribute the Developed Software (the "Distribution License"). Both of these licenses (individually and collectively, the "Licenses") are explained and defined in more detail below.
1. Definitions. The following terms have the respective meanings as used in this EULA:
"Network Server" means a computer with one or more computer central processing units (CPU's) that operates for the purpose of serving other computers logically or physically connected to it, including, but not limited to, other computers connected to it on an internal network, intranet or the Internet. "Web Server" means a type of Network Server that serves other computers more particularly connected to it over an intranet or the Internet.
"Developed Software" means those computer software products that are developed by or through the use of the SOFTWARE. "Developed Web Server Software" means those Developed Software products that reside logically or physically on at least one Web Server and are operated (meaning the computer software instruction set is carried out) by the Web Server's central processing unit(s) (CPU). "Developed Legacy Software" means those Developed Software products that are not Developed Web Server Software, including, for example, stand-alone applications and applications accessed by a file server only. "Redistributable Files" means the SOFTWARE files or other portions of the SOFTWARE that are provided by PB and are identified as such in the Documentation for distribution by you with the Developed Software. "Developer" means a human being or any other automated device using the SOFTWARE in accordance with the terms and conditions of this EULA.
"Single Developer License" means that each Developer using or otherwise accessing the programmatic interface or the SOFTWARE must obtain the right to do so by purchasing a separate End User License.
"Site License" means that the Developers team, located in the same site area, using or otherwise accessing the programmatic interface or the SOFTWARE can obtain the right to do so by purchasing a Site License, instead of one Single Developer License per developer.
“Source Code” shall mean computer software code or programs in human readable format, such as a printed listing of such a program written in a high-level computer language. The term "Source Code" includes, but is not limited to, documents and materials in support of the development effort of the SOFTWARE, such as flow charts, pseudo code and program notes.
2. Your Development License. You are hereby granted a limited, royalty-free, non-exclusive right to use the SOFTWARE to design, develop, and test Developed Software, on the express condition that, and only for so long as, you fully comply with all terms and conditions of this EULA.
The SOFTWARE is licensed to you on a Single Developer License, or Site License basis.
The Single Developer License means that you may perform an installation of the SOFTWARE for use in designing, testing and creating Developed Software by a single Developer on one or more computers, each with a single set of input devices, so long as such computer/computers is/are used only by one single Developer at any given time and not concurrently. Conversely, you may not install or use the SOFTWARE on a computer that is a network server or a computer at which the SOFTWARE is used by more than one Developer. You may not network the SOFTWARE or any component part of it, where it is or may be used by more than one Developer unless you purchase an additional Development License for each Developer. You must purchase another separate license to the SOFTWARE in order to add additional developer seats, whether the additional developers are accessing the SOFTWARE in a stand-alone environment or on a computer network.
The Site License, that means that you may perform an installation of the SOFTWARE for use in designing, testing and creating Developed Software by any Developer, located on the same site location, on one or more computers, each with a single set of input devices. Conversely, you may install and use the SOFTWARE on a computer that is a network server or a computer at which the SOFTWARE is used by more than one Developer, as long as they are located in the same site location.
3. Your Distribution License.
License to Distribute Developed Software. Subject to the terms and conditions in this EULA, you are granted the license to use and to distribute Developed Software on a royalty-free basis, provided that the Developed Software incorporates the SOFTWARE as an integral part of the Developed Software in machine-language compiled format (customarily an ".exe", or ".dll", etc.). You may not distribute, bundle, wrap or subclass the SOFTWARE as Developed Software which, when used in a "design time" development environment, exposes the programmatic interface of the SOFTWARE. You may distribute, on a royalty-free basis, Redistributable Files with Developed Software only.
4. Updates/Upgrades. Subject to the terms and conditions of this EULA, the Licenses are perpetual. Updates and upgrades to the SOFTWARE may be provided by PB from time-to-time, and, if so provided by PB, are provided upon the terms and conditions offered at that time by PB in its sole discretion. PB will provide updates and minor upgrades to the SOFTWARE for free, and major upgrades for any charge, at any time or never, and through its chosen manner of access and distribution, all in PB's sole and complete discretion.
5. Key Codes. Within the packaging of the SOFTWARE, a unique Key Code (the "Key Code") is included, which allows for the registration of the SOFTWARE. The Key Code is subject to the restrictions set forth in this EULA and may not be disclosed or distributed either with your Developed Software or in any other way, in a readable way. The disclosure or distribution of the Key Code shall constitute a breach of this EULA, the effect of which shall be the automatic termination and revocation of all the rights granted herein.
6. Evaluation Copy. If you are using an "evaluation copy" or similar version, specifically designated as such by PB on its website or otherwise, then the Licenses are limited as follows: a) you are granted a license to use the SOFTWARE for a period of thirty (30) days counted from the day of installation (the "Evaluation Period"); b) upon completion of the Evaluation Period, you shall either i) delete the SOFTWARE from the computer containing the installation, or you may ii) contact PB or one of its authorized dealers to purchase a license of the SOFTWARE, which is subject to the terms and limitations contained herein; and c) any Developed Software may not be distributed, and may not be used for any purpose, different than evaluating the SOFTWARE.
III. INTELLECTUAL PROPERTY.
1. Copyright. You agree that all right, title, and interest in and to the SOFTWARE (including, but not limited to, any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the SOFTWARE), and any copies of the SOFTWARE, and any copyrights and other intellectual properties therein or related thereto are owned exclusively by PB, except to the limited extent that PB may be the rightful license holder of certain third-party technologies incorporated into the SOFTWARE. The SOFTWARE is protected by copyright laws and international treaty provisions. The SOFTWARE is licensed to you, not sold to you. PB reserves all rights not otherwise expressly and specifically granted to you in this EULA.
2. Backups. You may either: (a) copy the SOFTWARE solely for backup or archival purposes; or (b) install the SOFTWARE on a single computer, provided you keep the original solely for backup or archival purposes. Notwithstanding the foregoing, you may not copy the Documentation.
3. General Limitations. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that applicable law expressly permits such activity notwithstanding this limitation.
4. Software Transfers. You may not rent or lease the SOFTWARE. You may transfer the SOFTWARE to another computer, provided that it is completely removed from the computer from which it was transferred. You may permanently trans-fer all of your rights under the EULA, provided that you retain no copies, that you transfer all the SOFTWARE (including all com-ponent parts, the media and printed materials, any dates, upgrades, this EULA and, if applicable, the Certificate of Authenticity), and that the recipient agrees to the terms and conditions of this EULA as provided herein. If the SOFTWARE is an update or upgrade, any transfer must include all prior versions of the SOFTWARE.
5. Termination. Without prejudice to any other rights it may have, PB may terminate this EULA and the Licenses if you fail to comply with the terms and conditions contained herein. In such an event, you must destroy all copies of the SOFT-WARE and all of its component parts.
IV. WARRANTIES AND REMEDIES.
1. Limited Warranty. PB warrants that the original media, if any, are free from defects for ninety (90) days from the date of delivery of the SOFTWARE. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PB EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY PB HEREBY AND PB PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE.
2. Limited Remedy. PB does not warrant that the functions contained in this software will meet your requirements or that the software will be error free. IN NO EVENT WILL PB BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PROGRAM AND DOCUMENTATION IS ASSUMED BY YOU.