End user agreement for inwise Express newsletter software free
END-USER LICENSE AGREEMENT FOR "inwise express" For any questions regarding the licensing terms, please contact us. IMPORTANT - READ CAREFULLY, Please read the following license agreement. You must agree to its terms before using this software. IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and inwise LTD. ("inwise") for "inwise express" product identified above, which includes computer software and may include printed materials, associated media, and electronic documentation or "online" (collectively, "SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the SOFTWARE PRODUCT.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. INTRODUCTIONThe SOFTWARE PRODUCT is comprised of any or all of the following components: (1) the core file components, (2) inwise Database Scripts, (3) inwise Database Schema, (4) inwise Database Stored Procedures, (5) inwise Image Files, (6) inwise Documentation, (7) inwise Online Documentation.This EULA describes your rights with respect to the SOFTWARE PRODUCT and its components. The following terms govern your use of the specified SOFTWARE PRODUCT unless you have a separate written agreement with inwise."inwise express" is licensed on a per site / domain basis. This License Agreement lets you install the product on one (1) computer for one (1) site and send / publish email messages ONLY for this same site. YOU CANNOT RESELL, RENT, LEND, REBRAND OR LEASE THIS APPLICATION OR OFFER IT AS A SERVICE. Doing so without our written permission will result in legal prosecution. 2. GRANT OF LICENSE.This EULA grants you the following rights: (a) Modification Use. No modifications are allowed on the SOFTWARE PRODUCT, except for the ones demanded on the installation instruction. The modified SOFTWARE PRODUCT shall not be made available for sale, resale, distribution or publication under any circumstances.Any modification will be considered as violation of these License Terms. It will also cause to loss of SOFTWARE PRODUCT warranty and inwise will not offer technical support for the modified SOFTWARE PRODUCT or upgrades for the modified SOFTWARE PRODUCT. (b) Standard Use. You may install and use one (1) copy of the SOFTWARE PRODUCT on a single computer and on a single company. You must disclose and reveal to inwise the name of the company on which the SOFTWARE PRODUCT will be installed and used. "Use" means storing, installing, loading, executing or displaying the SOFTWARE PRODUCT.inwise 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. inwise reserves all rights not expressly granted. 3. OTHER RIGHTS AND LIMITATIONS. (a) Confidential Information. The term "Confidential Information" means any information or material, which is proprietary to inwise, whether or not owned or developed by inwise, which is not generally known other than by inwise, and which you have obtained through inwise. Confidential Information includes without limitation: trade secrets, technical information, product design information, database scripts, database schema, source code and/or object code, copyrights and other intellectual property associated with the SOFTWARE PRODUCT. (b) Protection of Confidential Information. You understand and acknowledge that the Confidential Information associated with the SOFTWARE PRODUCT has been developed or obtained by inwise by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of inwise, which provides inwise with a significant competitive advantage, and needs to be protected from improper disclosure. You agree to hold in confidence and to not disclose the Confidential Information to any person or entity, except those who are required to have access to the Confidential Information in order to perform their job duties in connection with the limited purposes of this agreement. (c) Do not send unsolicited email. Using this product for indiscriminate spamming activity is strictly prohibited by the licensing terms of agreement. Be aware that you are solely responsible for the messages you send. In many cases sending unsolicited email 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 send unsolicited email.(d) Limitations on Reverse Engineering. De-compilation and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. (e) No liability for consequential damages. To the maximum extent permitted by applicable law, in no event shall inwise 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 inwise product, even if inwise has been advised of the possibility of such damages. Because some states/ jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.(f) Software Transfer. You may not transfer any of your rights under this EULA.(g) License Term Verification. inwise reserves the right to check all licensees to verify compliance with this EULA. In order to verify this compliance, you understand and acknowledge that the SOFTWARE PRODUCT may collect and send back information to inwise about the location where the SOFTWARE PRODUCT has been installed as well as the license information. No other information will be collected or sent back to inwise.(h) Support Services. inwise may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). All support services will be provided either by e-mail or phone for a time period that was purchased earlier by you. With respect to technical information you provide to inwise as part of the Support Services, inwise may use such information for its business purposes, including for product support and development. inwise will not utilize such technical information in a form that personally identifies you.4. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY inwise. 5. TERMINATION. Without prejudice to any other rights, inwise 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 PRODUCT and all of its component parts. 6. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, video, audio, photographs, animations, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, the accompanying online materials, and any copies of the SOFTWARE PRODUCT are owned by inwise or its suppliers. Copyright laws and international treaty provisions protect the SOFTWARE PRODUCT. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material. You may not copy the printed or online materials accompanying the SOFTWARE PRODUCT. 7. 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, inwise 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 state/jurisdiction to state/jurisdiction. This license shall be construed and interpreted in accordance with Israel Law. The Courts of Israel shall have exclusive jurisdiction in relation to any claim, dispute or other matter arising there from.