End user agreement for Mailbox Digger
Mailbox Digger 3.1 - (C) DuoKomp 2007
CHAPTER 1. GENERAL TERMS
1. This agreement establishes rules and conditions under which Mailbox Digger version 3.1 (hereinafter reffered to as "The Application") can be used, copied and distributed. This is an agreement between DuoKomp S.C., as The Application's creator and legal rights' owner, and you, whether you are a person or entity, if you undertakes any kind of actions in respect of The Application, particularly use, copy or distribute it.
2. Under the terms and conditions of this agreement you are granted only such rights in respect of The Application, as there are explicitly stated below or can be derived from the laws being in force due to your territorial location. In particular, The Application is not sold to you - you are granted only a limited licence. Moreover, you are not allowed to grant further (sub)licences to third parties without an explicit consent of DuoKomp.
CHAPTER 2. LICENCE
3. The Application is of SHAREWARE type. It means that you must pay a licence fee to be eligible to use it. Nevertheless, you can freely test The Application beforehand, for such a time and to such an extent that is reasonably necessary in your situation. Unregistered copy of The Application may expose some explicitly described functionality limitations. If, as a result of the evaluation process, you decide to further use The Application, you must register your copy and pay the licence fee. Current details on pricing and registration procedures can be found on DuoKomp's web pages (see http://www.duokomp.pl).
4. After registering your copy of The Application, an activation key will be delivered to you. The key both proves your user's rights as well as removes evaluation copy's functionality limitations. The key is delivered solely to you and you are not allowed to distribute it among third parties, nor to use a key generated for someone else. If DuoKomp finds out that a given activation key was distributed to another users, it will have a right to permanently lock (invalidate) such a key in future version of The Application, without any guarantee of delivering a new one to an originally lawful user.
5. The Application is licensed "per physical user", as set out in passages 6 and 7.
6. If you are a person (an individual) and you do not use The Application to run your own business ("noncommercial use"), then buying just a single license gives you a right to use The Application on any number of machines at any time and any place. You may then allow to use The Application also by any other person, providing that you are an owner of a given machine The Application runs on and the condition of noncommercial use is satisfied also in respect of the latter person.
7. If you are an entity (a company, organisation or institution, including governmental ones), or a person (an individual) who uses The Application to run your own bussines, you should acquire as many licences, as is a maximum number of physical users actually using The Application at the same moment in your company, organization, instutution or individual business.
CHAPTER 3. THE APPLICATION
8. You can create a reasonable number of physical copies of The Application, but they all should be complete, i.e. they should contain at least the following files: executable (digger.exe), documentation/help (digger.chm) and this licence (licence.txt).
9. You can freely distribute The Application's copies among another persons or entities, but you are not allowed to charge them any payment in return other than compansating actual distribution costs (like physical media or internet connection costs). Charging a fee that do not match this condition requires an explict consent of DuoKomp.
10. The Application is delivered to you "as is". You shall not raise claims against DuoKomp as regards The Applications's requirements, functionality and purpose. You also accept the fact, that although DuoKomp undertook a considerable effort to deliver to you possibly error free product, it is inherently impossible to create an application without any error at all. Thus you shall not raise any claim against DuoKomp as regards a loss of data or another damage having resulted from The Application's use, even in case of its malfunction, or impossibility of use.
11. You are not allowed to decompile, modify nor trace The Application for purpose other than educational one or in order to make The Application cooperate with other software you use, and only on condition that you do not distribute the results of decompilation, modifications and tracing among third parties.
CHAPTER 4. FINAL TERMS
12. This agreement takes as its object only compiled and consolidated (linked) form of The Application. It does not entitle you to be delivered its source code.
13. This agreement is valid only in respect to the copy of The Application to which it was attached (i.e. compiled into executable).
14. There is no time limit for this agreement's validity. It will be dissolved automatically if you permanently cease actions which make you the party to it (as set out in passage 1).
15. Legal relationship of obligatory character which arises from this agreement shall be governed by laws of Republic of Poland.
16. If due to laws being in force in a teritory of your location some terms and conditions of this agreement turn out to be invalid or ineffective, the remainder of them will stay binding to the parties to a maximum extent possible according to the laws of the abovementioned territory.