End user agreement for Mail Utilities
BEFORE YOU CLICK ON THE "I ACCEPT THE LICENSE AGREEMENT" BUTTON AND INSTALL THE SOFTWARE, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENSE. BY CLICKING ON THE "I ACCEPT THE LICENSE AGREEMENT" BUTTON AND BY INSTALLING THE SOFTWARE YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING THE LICENSEE TO THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE, CLICK THE "DO NOT ACCEPT" BUTTON AND DO NOT INSTALL OR USE THE SOFTWARE.
When you "click" the "I accept the license agreement" button Exclaimer Limited (Company Number 4938619), Suite 6,Old School Studios, 40 Lynchford Rd, Farnborough, Hampshire, GU14 6EF, United Kingdom (the "Licensor") grants you (the "Licensee") a non-exclusive, non-transferable License for the accompanying software product, "Exclaimer Classic" or “Exclaimer Enterprise with Anti-Spam”, depending on your product selection, including (if applicable) electronic documentation and associated material (the "Software").
The License permits you to "Use" (as hereinafter defined) the Software on a single computer (the "System") for network use only upon the terms and subject to the conditions contained herein. The Software may NOT be transferred electronically from one computer to another nor used over a network, except in conditions as described below.
1. In this License "Use" shall mean and include utilisation of the Software by copying, transmitting or loading the same into the permanent memory (e.g. hard disk, CD-ROM or other storage device) of the System for the processing of the System instructions or statements contained in such Software; and copying the Software which is in machine-readable form for Use by the Licensee on the System for the purposes only of understanding the contents of such machine-readable material. One (1) copy of the Software may be made for back-up and one (1) copy for disaster recovery provided they contain the same copyright information as the original.
2. The license fee for Exclaimer Classic and Exclaimer Enterprise with Anti-Spam (Anti-Spam is subject to annual renewal) is published in the Licensor's standard price list (the “License Fee”) and is payable by credit card or purchase order. See www.exclaimer.com for details. The Licence Fee payable under this License is exclusive of any applicable VAT, which shall be paid by the Licensee. If you download the “30 Day Fully Functioning Demo”, the Software will be provided to you at no cost for a trial period of 30 days from the date on which the Software is installed. On expiry of the 30 day trial period, you will be required to enter a code in order to Use the Software. The code will be provided to you upon payment of the License Fee.
3. Upon accepting this License you undertake:
a. not to copy the Software (other than for normal operation and as specified in Clause 1 above) nor (subject to applicable law rights) to disassemble, decompile or reverse engineer the Software.
b. not to include any part of the Software in another program, system, web-site, chat room or any unauthorised place.
c. not to translate, modify, lease, rent, loan, redistribute, sub-lease, sub-license or create derivative works from the Software.
d. to maintain accurate and up-to-date records of the number and location of all copies of the Software.
e. to supervise and control Use of the Software in accordance with the terms of this License.
f. to ensure that your employees, agents and other parties who will use the Software are notified of this License and the terms hereof prior to such Employee, agent or party using the same.
g. to reproduce and include the copyright notice of the Licensor as it appears in or on the Software on all copies.
h. not to provide or otherwise make available the Software to any person other than your employees or as specified herein without prior written consent from the Licensor.
i. not to display the Software on a public bulletin board, ftp site, worldwide web site, chat room or by any other unauthorised means.
j. not to use the Software for immoral, illegal or for any other purpose which may be determined threatening, abusive or harmful including but not limited to the creation or transmission of any virus, worms, trojan horse, cancelbot or any other destructive or contaminating program.
k. within 14 days after the date of termination or discontinuance of this License for whatever reason, to destroy the Software and all upgrades or copies and uninstall all copies on Systems that it has been installed upon.
4. Notwithstanding Clause 3 above, the Software may only be transferred to another party if the original and all copies (including back-ups) of the Software, documentation and this License are transferred permanently at no charge to the proposed new licensee and such party agrees to be bound by all the terms of this License and notifies the Licensor in writing within seven (7) days of the transfer. You will remain liable for any breach of this License by you or by any new licensee until such time as notification of such transfer is received and acknowledged by the Licensor. Upon such transfer you may retain NO copies of the Software or documentation.
5. a. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE LICENSOR DOES NOT WARRANT THAT EXCLAIMER ENTERPRISE WITH ANTI-SPAM WILL BLOCK 100% OF INCOMING JUNK MAIL.
THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED AND THE LICENSEE IS SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES ASSOCIATED WITH RECTIFICATION, REPAIR OR DAMAGE CAUSED BY SUCH ERRORS.
b. The Licensor may create new versions of the Software ("upgrades") which may correct such errors and although the Licensor has no obligation to notify existing licensees of such upgrades, the same will be made available at the same Internet site as the licensee installed the Software accompanying this license, at
such cost as shall be indicated.
c. THE LICENSOR SHALL NOT BE LIABLE TO THE LICENSEE OR TO ANY OTHER PARTY FOR ANY LOSS OR DAMAGE WHATSOEVER OR HOWSOEVER CAUSED ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS LICENSE, THE SOFTWARE, ITS USE OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE LAWFULLY EXCLUDED UNDER THE APPLICABLE LAW.
d. NOTWITHSTANDING THE GENERALITY OF (c) ABOVE, THE LICENSOR EXPRESSLY EXCLUDES LIABILITY FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHICH MAY ARISE IN RESPECT OF THE SOFTWARE HOWSOEVER CAUSED , INCLUDING, WITHOUT LIMITATION, FOR:
(i) SPECIAL DAMAGE EVEN IF THE LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
(ii) LOSS OF PROFITS, ANTICIPATED SAVINGS, BUSINESS OPPORTUNITY OR GOODWILL; AND
(iii) LOSS OF DATA OR USE.
e. IN THE EVENT THE LICENSOR INCURS ANY LIABILITY WHATSOEVER, SUCH LIABILITY IS LIMITED TO THE LICENSE FEE (IF ANY) PAID BY THE LICENSEE FOR THE SOFTWARE (EXCEPT FOR DEATH OR PERSONAL INJURY ARISING FROM THE LICENSOR'S NEGLIGENCE).
f. The disclaimer texts provided are purely for example purposes and the licensor does not warrant the legality or accuracy of these examples.
6. All copyright, trade marks and other intellectual property rights subsisting in or used in connection with the Software (including but not limited to all images, animations, audio and other identifiable material relating to the Software) are and remain the sole property of the Licensor.
7. You may terminate this License at any time by destroying the Software, documentation and all copies. No License Fee is refundable. The Licensor may terminate this License at any time if you are found in breach of any of these terms. If you are notified of such termination, you must comply with the provisions of Clause 3(k) above.
8. No party shall be liable to the other for any delay or non-performance of its obligations under this License arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in this Clause 8 shall excuse the Licensee from any payment obligations under this License.
9. No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.
10. If any provision of this License is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
11. All notices under this License shall be in writing and shall be addressed to the most recent address or facsimile number notified to the other party. Notices shall be deemed to have been duly given:
a. when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
b. when sent, if transmitted by fax and a successful transmission report or return receipt is generated; or
c. on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
d. on the tenth business day following mailing, if mailed by airmail, postage prepaid.
12. This License contains the whole agreement between the parties relating to the subject matter hereof and supersedes all prior agreements, arrangements and understandings between the parties relating to that subject matter.
13. The parties hereby agree that this License shall be construed in accordance with the laws of England and the courts of England shall have exclusive jurisdiction.