** LICENSE AGREEMENT **
PRODUCT: NetMailBot Pro, NetMailBot Trial, or NetMailBot Lite (no longer distributed as of 2004)
IMPORTANT- READ CAREFULLY: This license agreement (“License”) is a legal agreement related to the ExclamationSoft software products identified above, which includes computer software, associated media and printed materials, and may include online electronic documentation (the “Software”). By installing, copying or otherwise using the Software, you agree to be bound by the terms and conditions of this License. If you do not agree to the terms of this License, promptly remove or destroy all versions of the Software from your systems and storage devices and return any media and printed materials for a full refund within 30 days.
In consideration of payment of the License fee, ExclamationSoft grants you (“Licensee”) a non-exclusive license, without right of sublicense. The Software is licensed (not sold) to Licensee and ExclamationSoft does not transfer title to the Software to Licensee. Licensee has no rights with respect to the Software other than those rights expressly stated in this License.
This License grants License the following rights:
NetMailBot Pro Single Computer License - One registered copy may be installed on one and only one computer. The Software may also be accessed through a network, provided that Licensee has obtained an individual license for the Software for each workstation having access to the software through the network. For example, if 8 different workstations will access the Software on the network, you must have 8 Single Computer licenses, regardless of the number of concurrent users.
NetMailBot Pro Site License - The Software may be installed on an unlimited number of computers at one location. A location is defined as a company office or a home office but not both.
NetMailBot Enterprise License - The Software may be installed on an unlimited number of computers at any and all locations within an organization. This effectively covers all employees of a single company or organization using the product.
1. Use of Software -
a. The Software may only be used for lawful purposes. Any transmission or retransmission of material using the Software in violation of any Federal or State law, including those related to copyright, libel, slander, obscenity or trade secrets, is expressly prohibited. Licensee is expressly prohibited from using the Software to send, transmit or deliver UCE (Unsolicited Commercial Mail) or “SPAM”.
b. The trial version of NetMailBot is limited to 30 days of use for persons, companies, and/or organizations who have never used the software before and does not include customers of the product who have purchased any version of the software. Use of the trial version after the 30 day period requires the user to either purchase NetMailBot or uninstall the software.
2. Copies - Licensee may either (a) make one copy of the Software solely for backup or archival purposes, or (b) install the Software on a single computer provided Licensee keeps the original solely for backup or archival purposes. Licensee may not copy the printed materials accompanying the Software, if provided.
3. Reverse Engineering and Similar Efforts - Licensee may not reverse engineer, decompile or disassemble, or otherwise prepare any derivative works of the Software. The software is licensed as a single product and the component parts of the software may not be separated for use independent of one another.
4. Distribution - Licensee may not rent, lease, sell or otherwise distribute the Software or any derivative works based on the Software in whole or in part.
5. Transfer - Licensee may permanently transfer all of its rights under this License, provided no copies are retained, all of the Software (including all component parts, upgrades, printed materials and this License) is transferred and the transferee agrees to the terms of this License.
6. Trial Software -
a. Use of the trial software does not grant any rights to usage and/or support of the product.
b. Customers of the product who have purchased any version of the software may use the software for testing purposes only in a non-production environment. Extensive use of the product requires the purchase of a license of the software. Use of the trial license does not grant any support beyond the current support/maintenance contract.
c. Use of the trial version after the 30 day trial period requires the user to either purchase NetMailBot or uninstall the software.
PROPRIETARY RIGHTS AND COPYRIGHT
All right, title, interest and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets," incorporated into the Software), the accompanying printed materials, and any copies of the Software, are owned by ExclamationSoft or its suppliers. The Software is protected by copyright laws and international treaty provisions. Licensee shall treat the Software like any other copyrighted material.
DISCLAIMER OF WARRANTY
THE SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED.
GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE RELYING ON IT. LICENSEE ASSUMES THE ENTIRE RISK OF USING THE SOFTWARE.
LIMITATION OF LIABILITY
EXCLAMATIONSOFT’S ENTIRE LIABILITY TO LICENSEE AND LICENSEE’S SOLE REMEDY FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, OR STRICT LIABILITY, SHALL BE LIMITED TO PRODUCT REPLACEMENT OR THE AMOUNT OF THE LICENSE FEE PAID TO EXCLAMATIONSOFT BY LICENSEE FOR THE SOFTWARE THAT CAUSED THE DAMAGES OR IS THE SUBJECT MATTER OF OR IS DIRECTLY RELATED TO THE CAUSE OF ACTION.
IN NO EVENT SHALL EXCLAMATIONSOFT HAVE ANY LIABILITY FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING ANY WAY OUT OF THIS AGREEMENT UNDER ANY CAUSE OF ACTION, WHETHER OR NOT EXCLAMATIONSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
EXCLAMATIONSOFT SHALL NOT BE HELD LIABLE, EITHER IN CONTRACT OR TORT, FOR PROTECTION FROM UNAUTHORIZED ACCESS OF ITS CUSTOMER’S TRANSMISSION FACILITIES OR CUSTOMER OWNED PREMISE EQUIPMENT, OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF A CUSTOMER’S DATA FILES, PROGRAMS, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, EVEN SHOULD SUCH ACCESS OCCUR AS A RESULT OF EXCLAMATIONSOFT’S NEGLIGENCE.
Licensee agrees to indemnify and to hold harmless ExclamationSoft, its officers, shareholders, agents and employees, from any and all claims, costs, expenses, judgments, causes of actions, attorneys' fees, litigation and court costs resulting from Licensee’s use of the Software that causes damage to the Licensee or any other party.
ExclamationSoft shall not be in any way responsible for claims or damages caused by Licensee to any other party.
This License will terminate automatically if Licensee fails to comply with the terms and conditions of this License. Upon termination, Licensee shall immediately discontinue use of the Software and destroy all copies of the Software. All payments made by Licensee are non-refundable. Notwithstanding termination, the following provisions shall survive: Disclaimer of Warranty, Limitation of Liability and Indemnity. All other rights granted under this License will cease upon termination.
This License shall be governed, construed and enforced in accordance with the laws of the state of Pennsylvania, without reference to conflict of law principles. The federal and state courts within Bucks County, Pennsylvania shall have exclusive jurisdiction to adjudicate any dispute arising out of this License. Each party hereto expressly consents to the personal jurisdiction of, and venue in, such courts. If any provision of this License is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. Any use of the Software by the U.S. Government is subject to Restricted Rights as provided under the provisions set forth in subdivision (c) (1) (ii) of Clause 252.227-7013 of the Defense Federal Acquisition Regulations Supplement, or the similar acquisition regulations of other applicable U.S. Government organizations. Licensee shall comply with all applicable import and export laws and regulations of the U.S. Government and the government of the country in which Licensee receives delivery of the Software.
OTHER TERMS AND CONDITIONS RELATED SOLELY TO NETMAILBOT LITE
The following terms and conditions apply solely to a License for NetMailBot Lite (no longer distributed as of 2004) . To verify that you have licensed NetMailBot Lite, check the output from NetMailBot: at the DOS prompt type “NetMailbot-h”, it must display “NetMailBot Lite”. Except as expressly modified or superseded by these terms, all terms and conditions of the License, including those provided for in “Restrictions”, apply to NetMailBot Lite.
Use of Software - NetMailBot Lite is free software. Licensee may use the Software on unlimited computers provided it is for personal use. The Software may be used as a stand-alone program or integrated with other programs or applications as long as the Software is not modified in any way.
Distribution - Licensee is authorized to make unlimited copies of the Software and distribute such copies to third parties provided (i) the Software is not modified or altered in any way, (ii) Licensee does not charge or request donations or otherwise solicit monies for the Software, whether distributed as a stand-alone product or with other products (commercial or otherwise), (iii) Licensee provides a copy of this License.
Revised January 1, 2006