End user agreement for MailMessenger Email Server
NOTICEWARE CORPORATION END-USER LICENSE AGREEMENT FOR THE MAILMESSENGER EMAIL SERVER SOFTWARE PRODUCT.
IMPORTANT-READ CAREFULLY: This NoticeWare Corporation End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and NoticeWare Corporation for the NoticeWare Corporation’s software product identified above, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA.
SOFTWARE PRODUCT LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. The software and documentation that accompanies this license (collectively the “SOFTWARE”) is the property of NoticeWare Corporation, or its licensors, and is protected by copyright law. While NoticeWare Corporation continues to own the Software, You will have certain rights to use the Software after Your acceptance of this license. This license governs any releases, revisions, or enhancements to the Software that NoticeWare Corporation may furnish to You. Except as may be modified by a NoticeWare Corporation license certificate, license coupon, or license key (each a “License Module”) that accompanies, precedes, or follows this license, Your rights and obligations with respect to the use of this Software are as follows.
1. GRANT OF LICENSE. This EULA grants you the following rights:
a. You may use one copy of the NoticeWare Corporation‘s Software Product on a single computer for your personal use. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer.
b. Solely with respect to electronic documents included with the SOFTWARE, you may make an unlimited number of copies (either in hard copy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed to any third party.
c. We hereby grant to you a non-transferable and non-exclusive licence to install and use a fully-functional version of the Software. This licence is currently limited to the 5.x version release of the software. Future versions may not be covered by this licence.
2. OWNERSHIP. Except as expressly licensed to you in this Agreement, NoticeWare Corporation retains all right, title and interest in and to the SOFTWARE PRODUCT.
3. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by NoticeWare Corporation or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes or (b) install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT, if supplied.
4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
b. Rental. You may NOT rent or lease the SOFTWARE PRODUCT.
c. You must maintain all copyright notices on all copies of the SOFTWARE PRODUCT.
d. You may not charge for distributing copies of the "Shareware / Trialware or Full versions" of the SOFTWARE PRODUCT to third parties without the written permission of NoticeWare Corporation.
e. Software Transfer. You may permanently transfer all of your rights under this EULA, provided that you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA.
f. You may NOT use a previous version or copy of the Software after You have received a disk replacement set or an upgraded version. Upon upgrading the Software, all copies of the prior version must be destroyed.
g. You may NOT use a later version of the Software than is provided herewith unless You have purchased upgrade insurance or have otherwise separately acquired the right to use such later version.
h. Termination. Without prejudice to any other rights, NoticeWare Corporation 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.
NOTICEWARE CORPORATION DOES NOT WARRANT THE ACCURACY OF ANY STATISTICS GATHERED BY SOFTWARE.
The software and related manual are provided "as is.", NoticeWare Corporation makes no representations or warranties with respect to the software and manual and disclaims any express or implied warranties of merchantability or fitness for any particular purpose. NoticeWare Corporation reserves the right to make changes to any and all parts of the software at any time without notice.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTICEWARE CORPORATION AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOTICEWARE CORPORATION OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL 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 THE SOFTWARE PRODUCT, EVEN IF NOTICEWARE CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that these terms supersede all prior agreements, and are complete and exclusive. No oral or written information given by us or on our behalf shall create a warranty or collateral contract, or in any way increase the scope of this warranty in any way, and you may not rely on any such advice.
6. DISPUTES, CHOICE OF LAW.
a) If any provision in this Agreement shall be determined to be invalid, such provision shall be deemed omitted; the remainder of this Agreement shall stand.
b) This Licence shall be governed by the laws of Canada and the Province of Ontario.