End user agreement for eReturn Detective for Outlook
24/7 PERSONALCRM END USER LICENSE AGREEMENT - PERSONALCRM INC.
BY USING OR OPENING THE PACKAGE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT UNINSTALL THE PACKAGE
OR RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.
PERSONALCRM , INC. END USER LICENSE AGREEMENT
Subject to payment of applicable license fees, PERSONALCRM Inc. grants you a
non-exclusive license to use the Software and any accompanying
documentation ("Documentation") in the manner described below under "Scope of Grant"
SCOPE OF GRANT.
· Use the Software for the Evaluation Period Provided;
· Use the Software on one single computer;
· Use the Software on a network, PROVIDED that each person accessing the Software
through the network must have a copy licensed to that person or an authorized network
· Use the Software on a second computer so long as only one copy is used at a time by
ONE individual only;
· Copy the Software for archival purposes ONLY, provided any copy must contain all
the original Software's proprietary notices.
YOU MAY NOT:
· Permit other individuals to use the Software except under the terms listed above;
· Permit concurrent use of the Software except with a multi-user license.
· Modify, translate, reverse engineer, de-compile, disassemble (except to the extent
applicable laws specifically prohibit such restriction), or create derivative works
based on the Software;
· Copy the Software other than as specified above;
· Rent, lease, grant a security interest in or otherwise transfer rights to the Software
· Remove any proprietary notices or labels on the Software or its output.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY PERSONALCRM.COM,
PERSONALCRM INC. MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NON INFRINGEMENT OF
THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF MECHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO 30 DAYS
AFTER PURCHASE OF SOFTWARE; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO PERSONALCRM INC. DEALER,
AGENT, EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS
WARRANTY. If any modifications are made to the Software by you during the warranty period;
if you violate the terms of this Agreement, then this Warranty shall immediately be
terminated. This warranty shall not apply if the Software is used on or in conjunction
with hardware or software other than the unmodified version of hardware and software with
which the software was designed to be used as described in the Documentation.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT
VARY BY JURISDICTION.
TITLE: Title, ownership rights, and intellectual property rights in the Software shall
remain in PERSONALCRM.COM. The Software is protected by U.S. and International copyright
laws and treaties. Title and related rights in the content accessed through the
Software is the property of the applicable content owner and may be protected by
applicable law. This License gives you no rights to such content.
TERMINATION: The license will terminate automatically if you fail to comply with the
limitations described herein. On termination, you must destroy all copies of the Software
EXPORT CONTROLS: None of the Software or underlying information or technology may be
downloaded or otherwise exported or reexported (i) into (or to a national or resident of)
Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which
the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Departments list of
Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.
By downloading or using the Software, you are agreeing to the foregoing and you are
representing and warranting that you are not located in, under the control of, or a
national or resident of any such country or on any such list.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT,
OR OTHERWISE SHALL PERSONALCRM INC.OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY
OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
IN NO EVENT WILL PERSONALCRM INC.BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT
PERSONALCRM INC. RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF PERSONALCRM INC.
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR THE DEATH OR
PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE,
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
MISCELLANEOUS: If the copy of the Software you received was accompanied by a printed or
other form of "hard copy" End User License Agreement whose terms vary from this Agreement,
then the hard copy End User License Agreement governs your use of the Software.
This Agreement represents the complete agreement concerning this license and may be amended
only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED
BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN,
AND THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be
unenforceable, such provision shall be reformed only to the extent necessary to make it
enforceable. This Agreement shall be governed by California law. The application of the
United Nations Convention of contracts for the International Sale of Goods is expressly
excluded. U.S. Government Restricted Rights: Use, duplication of disclosure by the
Government is subject to restrictions set forth in subparagraphs(a) through(d) of the
Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or
subparagraph (c) (1)(ii) of the Rights in Technical Data and Computer Software clause
at DFARS 252.227-7013 or at 252.211-7015, and in similar clauses in the NASA FAR Supplement.
Contractor/Manufacturer is PERSONALCRM.COM, Inc. 891 Quetta Court, Sunnyvale, CA 94087.
Software customers are given free 30 days product support. This support will be governed
by the current support policies of PERSONALCRM INC. of which rules are subject to change
from time to time. By upgrading to a new version, you will of course acquire the support
policy which applies to that version.
TAXES, DUTIES, AND OTHER FEES
User agrees to be responsible for any taxes, duties, or other applicable fees derived from
the licensing of the SOFTWARE. Duties, fees, import taxes, etc. vary by country or state.
The user should investigate whether they are liable for any applicable taxes.