End user agreement for Mail Communicator
Mail Communicator License Agreement
Apex Pacific Pty Ltd Legal Notices
Copyright(c) 2000-2009 Apex Pacific Pty Ltd. All rights reserved.
Dynamic Mail Communicator is a trademark of Apex Pacific Pty Ltd. All other brand and product names are trademarks of their respective holders.
This is a legal agreement between you (either an individual or an entity, hereinafter known as "Licensee"), and Apex Pacific Pty Ltd. (hereinafter known as "Licensor"). BY PURCHASING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you do not agree to the terms of this Agreement, you may promptly return the software and accompanying items to Licensor for a full refund.
This Agreement applies in the absence of a signed license agreement between Licensee and Licensor; any such signed license agreement shall supercede this Agreement.
Technical support for Dynamic Link Promoter: Licensor agrees to provide technical support to a single point of contact in the Licensee organization for one year from the Date of this Agreement. Licensee agrees to provide technical support to all other Licensee end-users.
Subject to third-party supplier restrictions and charges, Licensor agrees to make available to Licensee, upon request, any maintenance releases, new and enhanced versions or upgrades of the licensed software that Licensor releases for the Windows platform for a period of one (1) year from the Date of this Agreement. Licensor may, at its sole discretion, extend the free technical support and upgrade period beyond the above-mentioned one (1) year date.
GENERAL LICENSE TERMS GUARANTEE.
The licensed software comes with a 30-day money-back satisfaction guarantee from the Date of this Agreement.
You may not rent, lease, lend, sublicense, time-share, distribute, sell or assign the license to use this software. NOR MAY YOU USE THIS SOFTWARE ON MORE COMPUTERS OR TERMINALS THAN YOUR LICENSE PERMITS. You may make backup copies of the software strictly for your own archival purposes. Except as explicitly permitted pursuant to this Agreement, YOU MAY NOT OTHERWISE DISTRIBUTE, COPY, REPRODUCE, SUBLICENSE, SELL OR OTHERWISE DISTRIBUTE THE LICENSED SOFTWARE. IN NO EVENT MAY YOU OR ANY OTHER PARTY MODIFY, ADAPT, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR CREATE DERIVATIVE WORKS BASED ON THIS SOFTWARE.
DISCLAIMER OF WARRANTY
This Software is provided AS IS. To the extent permitted by applicable law, LICENSOR AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. Licensor and its suppliers make NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
EXCLUSION OF CONSEQUENTIAL, INCIDENTAL AND SPECIAL DAMAGES
To the extent permissible by law, NEITHER LICENSOR NOT ITS SUPPLIERS SHALL BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, including lost profits, lost savings or other incidental or consequential damages arising out of the use of or inability to use the licensed software, even if Licensor and its suppliers have been advised of the possibility of such damages.
LIMITATION OF LIABILITY
IN NO EVENT WILL LICENSOR'S LIABILITY FOR ANY DAMAGES EVER EXCEED THE LOWER OF SUGGESTED LIST PRICE OR ACTUAL PRICE PAID FOR THE SOFTWARE.
TERMINATION OF LIABILITY
To the extent that Licensor, notwithstanding the above disclaimers, remains legally liable to Licensee, such liability shall expire one year from the Date of this Agreement.
LIMITATION ON TRANSFER OF INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE
This software is owned by Licensor and its suppliers, and its structure, organization and code are the valuable trade secrets of Licensor and its suppliers. The Software is also protected by the United States Copyright law and International Treaty provisions. You may not copy the software, except as provided in this Agreement. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the software. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in the trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the software.
INTERNATIONAL LAW AND EXPORT
This Agreement will not be governed by the United Nations Convention on Contracts or the International Sale of Goods, the application of which is expressly excluded. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
DATE OF AGREEMENT
The "Date" of this Agreement, as used herein and in all previous and subsequent sections, shall be the day that Licensor receives the licensed software.
This Agreement is governed by the Laws of Australia.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.