End user agreement for Quality Outlook Express Backup
End User License Agreement (EULA)
Quality Outlook Express Backup version 2.0
Copyright (C) 2005 Danel Software
All Rights Reserved
Please read this agreement carefully before installing Quality Outlook Express Backup. By installing and using our software, you agree to these terms and conditions.
This Quality Outlook Express Backup License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity known as "Customer") and Danel Software, which owns a proprietary computer software and "on-line" or electronic documentation (collectively known as "Quality Outlook Express Backup" or "Software").
By installing, copying, or otherwise using the Software or any Software Updates, Customer agrees to be bound by the terms of this Agreement. If Customer does not agree to the terms of this Agreement, do not install, copy, or use the Software, including all Software Updates that Customer received as part of the Software (each, an "Update"). By installing, copying, or otherwise using an Update, Customer agrees to be bound by the additional license terms that accompany such Update. If Customer does not agree to the terms of the additional license terms that accompany the Update, disregard the Update and the additional license terms that accompany the Update. In this event, Customer's rights to use the Software shall continue to be governed by the then-existing Agreement.
All title and copyrights in and to the Software (including but not limited to any software components, product documentation and associated media, sample files, extension files, tools and utilities, miscellaneous technical information, collectively referred to herein as the "Software"), and any copies of the Software, are owned by Danel Software. The Software is protected by U.S. copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material, except that Customer may either (i) make one copy of the Software solely for backup or archival purposes, provided Customer reproduces and includes Danel Software's copyright and trademark notices contained on the original disk labels on such backup copy, or (ii) transfer the Software to a hard disk, provided Customer keeps the original solely for backup and archival purposes. The Software is licensed, not sold.
2. Grant of License
Danel Software grants Customer a non-exclusive license to use Danel Software's Quality Outlook Express Backup computer software (the "Software").
3. Other Restrictions
a. The Software is the sole and exclusive property of Danel Software, including all applicable rights to patents, copyrights, trademarks and trade secrets and is provided for Customer's exclusive use for the purposes of this Agreement and will be held in confidence.
b. Customer will not remove any designation mark from any supplied material that identifies such material as belonging to or developed by Danel Software. Customer agrees not to disassemble, decompile, reverse engineer or otherwise reduce the Software to perceptible form.
c. Customer may not rent, lease, or sub license the Software.
d. Customer may permanently transfer all of Customer's rights under this Agreement, provided Customer retains no copies, Customer transfers all of the Software (including all component parts, the media and printed materials, any upgrades, and this Agreement), Customer provides Danel Software notice of Customer's name, company, and address and the name, company, and address of the person to whom Customer is transferring the rights granted herein, and the recipient agrees to the terms of this Agreement and pays to Danel Software a transfer fee in an amount to be determined by Danel Software and in effect at the time in question. If the Software is an upgrade, any transfer must include all prior versions of the Software. If the Software is received as part of a subscription, any transfer must include all prior deliverables of Software and all other subscription deliverables. Upon such transfer, Customer's license under this Agreement is automatically terminated.
e. Customer may use or transfer the Updates to the Software only in conjunction with Customer's then-existing Software. The Software and all Updates are licensed as a single product and the Updates may not be separated from the Software for use at any time.
f. Customer must to be 18 years or older and to be an adult in his jurisdiction.
g. We cannot guarantee that the Software will work for all times. If you change your operating system, or if you install a new web browser, the software may not work anymore.
h. All title and intellectual property rights in and to the content which may be accessed through use of the Software are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content.
i. Customer must make sure that it is legal to use the software in his country with the supported search engines. Danel Software only provides the software. It's the customers responsibility to make sure that he is allowed to use the software with the supported search engines.
j. Customer must not use the software for spamming.
k. Some search engines don't allow connections through an automated software. It's the sole responsibility of the Customer to make sure that the Customer doesn't use these search engines in Quality Outlook Express Backup. Customer must read the terms and conditions of all search engines that are listed in the main window
l. All trademarks are owned by their respective holders.
Without prejudice to any other rights, Danel Software may terminate this Agreement if Customer fails to comply with the terms and conditions of this Agreement. In such event, Customer must destroy all copies of the Software in any form and all of its component parts.
5. Governing Law
This agreement shall be governed by the laws of the State of Connecticut.
6. Disclaimer of Warranty
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. Because of the various hardware and software environments into which Quality Outlook Express Backup may be put, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED.
ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.
Provided that you verify that you are distributing the evaluation version (select About from the Quality Outlook Express Backup Help menu to check) you are hereby licensed to make as many copies of the evaluation version of this software and documentation as you wish; give exact copies of the original evaluation version to anyone; and distribute the evaluation version of the software and documentation in its unmodified form via electronic means. There is no charge for any of the above.
You are specifically prohibited from charging, or requesting donations, for any such copies, however made; and from distributing the software and/or documentation with other products (commercial or otherwise) without prior written permission.