End user agreement for Ella for Spam FREE
OPEN FIELD SOFTWARE, INC.
END USER LICENSE AGREEMENT
ELLA FOR SPAM CONTROL VERSION 1.5 (Free Use Version)
Software License Agreement for Open Field Software Ella for Spam Control version 1.5
IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE (AS DEFINED BELOW), COPYING THE SOFTWARE AND/OR CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AGREE TO ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT ("AGREEMENT") REGARDING YOUR USE OF THE SOFTWARE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON THE "DO NOT ACCEPT" BUTTON AND/OR DO NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
1. GRANT OF LICENSE: Subject to the terms below, OPEN FIELD SOFTWARE, INC. ("OPEN FIELD SOFTWARE") hereby grants you a non-exclusive, non-transferable license to install and to use the 1.5 version of Ella for Spam Control ("Software").
You agree to allow the Software to apply a promotional signature to each of your outbound emails.
You may not: (i) reverse engineer, decompile, or disassemble the Software; (ii) modify, or create derivative works based upon, the Software in whole or in part; (iii) distribute copies of the Software; (iv) remove any proprietary notices or labels on the Software; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software.
2. TITLE: You acknowledge that no title to the intellectual property in the Software is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software shall remain in OPEN FIELD SOFTWARE. The Software is protected by copyright and patent laws of the United States and international treaties.
3. UPDATES. From time to time, OPEN FIELD SOFTWARE may make available updates to the software. You may download and install or otherwise use those updates to the software that are released by OPEN FIELD SOFTWARE. All updates to the Software are governed by this Agreement, unless other license terms are provided with the update.
4. DISCLAIMER OF WARRANTY: The Software is provided to you at no charge. YOU AGREE THAT OPEN FIELD SOFTWARE HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. OPEN FIELD SOFTWARE DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. OPEN FIELD SOFTWARE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFIT) ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS AGREEMENT.
5. LIMITATION OF LIABILITY: You must assume the entire risk of using the program. IN NO EVENT SHALL OPEN FIELD SOFTWARE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE OPEN FIELD SOFTWARE, EVEN IF OPEN FIELD SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OPEN FIELD SOFTWARE'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, PROVIDED, HOWEVER, IF THE RELEVANT PRODUCT WAS PROVIDED TO YOU AT NO CHARGE YOU AGREE OPEN FIELD SOFTWARE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.
6. TERMINATION: This Agreement shall terminate automatically if you fail to comply with the limitations described in this Agreement. No notice shall be required from OPEN FIELD SOFTWARE to effectuate such termination. Upon termination, except for failure to renew, you must uninstall and destroy all copies of the Software.
Severability: In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
Export: You agree that you will not export or re-export the Software outside of the jurisdiction in which you obtained it without the appropriate United States or foreign government licenses.
Governing Law: This Agreement will be governed by the laws of the State of California as they are applied to agreements between California residents entered into and to be performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
Entire Agreement: You agree that this is the entire agreement between you and OPEN FIELD SOFTWARE, which supersedes any prior agreement, whether written or oral, and all other communications between OPEN FIELD SOFTWARE and you relating to the subject matter of this Agreement.
Reservation of rights: All rights not expressly granted in this Agreement are reserved by OPEN FIELD SOFTWARE.
© 2003, 2004 Open Field Software, Inc. All rights reserved. Ella, Ella for Spam Control and the Open Field Software logo are trademarks of Open Field Software, Inc. All other trademarks are the property of their respective owners.