End user agreement for InfoMail Editor
Basic Data Services, LLC is willing to license this software (the "Software") to you ("You") only on the condition that you accept all of the terms in this software license agreement (the "Agreement"). If You are an employee or agent of a company (the "Company") and are entering into this agreement to obtain the software for use by the company for its own business purposes, You hereby agree that You enter into this agreement on behalf of the Company and that You have the authority to bind the Company to the terms and conditions of this Agreement.
By accepting the agreement You acknowledge that You have read this agreement, understand it, and agree to be bound by it. If You do not agree to any of the terms below You should cancel the installation process.
LICENSE. Subject to the terms and conditions of this Agreement, Basic Data Services, LLC hereby grants You a limited, non-exclusive, personal license to install, perform and use the Software, in machine-readable form only, solely for Your own personal or internal business use on a single computer in accordance with the instructions, specifications and documentation provided with the Software. You may make one (1) copy of the Software only for backup and archival purposes, provided that You reproduce all copyright and other proprietary notices that are on the original copy of the Software.
RESTRICTIONS. You may not use or copy the Software, or any copy thereof, in whole or in part, except as expressly provided in this Agreement. You may not modify, reproduce, create derivative works of, distribute, sell, resell, lend, loan, lease, license, sublicense or transfer (except as expressly provided herein) the Software or any portion thereof. You may not reverse engineer, disassemble, decompile, or translate the Software, or otherwise attempt to derive the source code of the Software, or authorize any third party to do any of the foregoing, except to the extent allowed under any applicable law. The Software may contain trade secrets, trademarks, patents, and copyrights owned by Basic Data Services, LLC, and You shall maintain the Software in confidence. You shall not allow any access to or use of the Software by anyone other than You, or Your employees or agents, and any such use must be consistent with the terms, conditions and restrictions set forth in this Agreement. You may transfer the limited license granted herein solely in connection with the transfer of the Software, provided, however, that You deliver all copies of the Software to the transferee, that You do not keep any copies of the Software, and that the transferee is given a copy of this Agreement and acknowledges and agrees to be bound by its terms. Any attempt to transfer any of the rights, duties or obligations hereunder not in accordance with the foregoing is null and void and without any force or effect.
LICENSE FEES. If you decide to purchase the software You are responsible for paying Basic Data Services, LLC the specified fees, and applicable taxes, for the license of the Software.
OWNERSHIP. The Software is licensed, not sold, to You for Your use only under the terms of this Agreement, and Basic Data Services, LLC reserves all rights not expressly granted to You. You own the media, if any, on which the Software is recorded, but Basic Data Services, LLC retains ownership of all copies of the Software itself.
TERM/TERMINATION. The Agreement becomes effective when You agree to the terms and conditions of this Agreement by installing the Software and this Agreement will terminate immediately upon notice to You if You materially breach any term or condition of this Agreement. You agree upon termination to promptly destroy the Software and all copies thereof.
WARRANTY DISCLAIMER. The Software is provided to You "as is" and Basic Data Services, LLC and its suppliers and licensors expressly disclaim any and all warranties and representations of any kind with regard to any subject matter of this Agreement, including, without limitation, any warranty of non-infringement, title, fitness for a particular purpose, or functionality, whether express, implied or statutory. No oral or written information or advice given by Basic Data Services, LLC, its employees, distributors, dealers, or agents shall increase the scope of the above warranties or create any new warranties.
LIMITATION OF REMEDIES. Regardless of whether any remedy set forth herein fails of its essential purpose or otherwise, in no event will Basic Data Services, LLC or its suppliers be liable to You or to any third party for any lost profits, lost data, interruption of business, or other special, indirect, incidental or consequential damages of any kind arising out of the use or inability to use the Software or any data supplied therewith, even if Basic Data Services, LLC has been advised of the possibility of such loss or damages and whether or not such loss or damages are foreseeable. In no event shall the liability of Basic Data Services, LLC exceed the total amount received by Basic Data Services, LLC from You under this Agreement.
AUTHORITY AND INDEMNITY. If You have entered into this Agreement on behalf of (or to facilitate the use of the Software by) a Company of which You are an employee or agent, You represent and warrant that You have the full corporate right, power and authority to enter into this Agreement on behalf of the Company, that this Agreement has been duly authorized by the Company and that this Agreement will constitute the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms. You hereby agree to indemnify and hold Basic Data Services, LLC harmless from any and all claims, damages, losses and expenses (including, without limitation, attorneys' fees) arising from any breach of this section.
GENERAL. This Agreement will be governed by the laws of the State of California in the United States of America, without regard to or application of any conflicts of law rules or principles. The federal and state courts for Contra Costa County shall have exclusive jurisdiction over any disputes, claims or controversies arising out of or relating to this Agreement, and You hereby irrevocably waive any objection to the jurisdiction of such courts over any such dispute, claim or controversy. If any provision of this Agreement is held to be unenforceable, that provision will be enforced to the extent permissible by law and the remaining provisions will remain in full force. This Agreement is the complete and exclusive statement of the agreement between You and Basic Data Services, LLC which supersedes any proposal or prior agreement, oral or written, and any other communications between You and Basic Data Services, LLC in relation to the subject matter of this Agreement.
The software is protected by United States copyright law and international treaty. Unauthorized reproduction or distribution is subject to civil and criminal penalties.
© Copyright 2004, Basic Data Services, LLC. All rights reserved. Protected by copyright restricting use, copying, distribution and decompilation.