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SHRINK/WEB WRAP LICENSE
AGREEMENT
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT.
BY OPENING THE PACKAGE OR CLICKING ON THE
"ACCEPT" BUTTON, YOU ARE CONSENTING TO BE
BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON.
1. LICENSE
GRANT. The
package (or web site download) contains software
("Software") and related explanatory written
materials ("Documentation").
"Software" includes any upgrades,
modified versions, updates, additions and copies of
the Software. "You"
means the person or company who is being licensed to
use the Software or Documentation.
"We" and "us" means
SMTPTrap.com, Inc..
We hereby grant you a nonexclusive, non-transferable,
limited license to use one copy of the Software on any
single computer, provided the Software is in use on
only one computer at any time and only for licensee's
internal business operations.
The Software is "in use" on a
computer when it is loaded into temporary memory (RAM)
or installed into the permanent memory of a
computer--for example, a hard disk, CD-ROM or other
storage device.
If the Software is permanently installed on the hard disk
or other storage device of a computer (other than a
network server) and one person uses that computer more
than 80% of the time, then that person may also use
the Software on a portable or home computer subject to
the restrictions in this Agreement.
Please contact us at sales@smtptrap.com for information
about obtaining a multi-user or network license.
2. TITLE.
This license is not a sale.
We remain the owner of all right, title and
interest in the Software and Documentation.
3. ARCHIVAL
OR BACKUP COPIES.
You may either:
-- make
one copy of the Software for backup or archival
purposes or
--
transfer the Software to a single hard disk,
provided you keep the original solely for backup or
archival purposes.
4. THINGS
YOU MAY NOT DO. United
States copyright laws and international treaties
protect the Software and Documentation.
You must treat the Software and Documentation
like any other copyrighted material--for example a
book. You
may not:
-- copy
the Documentation,
-- copy
the Software except to make archival or backup copies
as provided above,
-- modify
or adapt the Software or merge it into another
program,
--
reverse engineer, disassemble, decompile or
make any attempt to discover the source code of this
Software,
--
place the Software onto a server so that it is
accessible via a public network such as the Internet,
or
-- sublicense,
rent, lease or lend any portion of the Software or
Documentation.
5. LIMITED
WARRANTY. We
do not warrant the product because we give you 30 days
to evaluate the product free of charge.
To the extent permitted by applicable law, THE FOREGOING
LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR
CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY
AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING
ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
regardless of whether we know or had reason to know of
your particular needs.
No employee, agent, dealer or distributor of
ours is authorized to modify this limited warranty, or
to make any additional warranties.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
6. LIMITED
REMEDY. Our
entire liability and your exclusive remedy shall be:
--
the replacement of any diskette(s) or other
media not meeting our Limited Warranty which is
returned to us with a copy of your receipt, or
--
If we are unable to deliver a replacement
diskette(s) or other media that is free of defects in
materials or workmanship, you may terminate this
Agreement by returning the Software and documentation
and your money will be refunded.
7. DAMAGE
LIMITATIONS. IN
NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES,
INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE
USE OR THE INABILITY TO USE THE SOFTWARE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF OUR LIMITED WARRANTY AND/OR LIMITED REMEDY
SHALL BE HELD INEFFECTIVE OR TO HAVE FAILED THEIR
ESSENTIAL PURPOSES, OUR TOTAL LIABILITY FOR DAMAGES,
WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT
EXCEED THE LICENSE FEES PAID BY YOU FOR THE SOFTWARE
LICENSED HEREUNDER.
8. TERM AND
TERMINATION. This
license agreement takes effect upon your use of the
Software and remains effective until terminated.
You may terminate it at any time by destroying
all copies of the Software and Documentation in your
possession. It
will also automatically terminate if you fail to
comply with any term or condition of this license
agreement. You
agree on termination of this license to either return
to us or destroy all copies of the Software and
Documentation in your possession.
9. CONFIDENTIALITY.
The Software contains trade secrets and
proprietary know-how that belong to us and it is made
available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF THE SOFTWARE, OR
OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN
IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY
BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET
RIGHTS.
10. GENERAL
PROVISIONS.
(a)
This written license agreement is the exclusive
agreement between you and us concerning the Software
and Documentation and supersedes any and all prior
oral or written agreements, negotiations or other
dealings between us concerning the Software.
(b) This
license agreement may be modified only by a writing
signed by you and us.
(c)
In the event of litigation or alternative
dispute resolution process between us concerning the
Software or Documentation or this Agreement, the
prevailing party in the litigation or process will be
entitled to recover attorney fees and expenses from
the other party.
(d)
This license agreement is governed by the laws
of the state of New Jersey.
(e)
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.
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