Software.com, Inc. License Agreement PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE. BY INSTALLING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BECOME BOUND BY ITS TERMS AND CONDITIONS. A DESCRIPTION OF YOUR LICENSE NUMBER FOLLOWS THIS AGREEMENT. Copyright & Proprietary Information. The enclosed software (the "Software") is the property of Software.com, Inc. ("Software.com"). As copyrighted and trademarked material, it is protected by United States and international copyright and trademark laws and treaties, and international trade provisions. Your purchase or trial use of the disks, CD’s or other media containing the Software transfers no title to the Software itself. Instead, any use of such Software must be made in accordance with the terms of this License. Software.com reserves all rights not specifically granted herein. Your rights and obligations under this License are set forth below. If you violate such obligations, this License and your right to use the Software terminate immediately. Permitted Uses of a Trial License. Under this License, Software.com grants you the right to use the Software and documentation for up to the total number of accounts, if any, indicated on the Software’s license number and for the trial period, if any, indicated on the Software’s license number. In the case that no number of accounts or no trial period is listed, then no such limits to the license exist. Prohibited Uses of a Trial License. You may not, and you may not authorize anyone else (i) to sell, rent, lend, assign, sublicense or transfer the Software or your rights hereunder except as expressly provided in this License; (ii) to reverse engineer, disassemble, decompile, or make any attempt to discover the source code of the Software; (iii) to make any copy of all or a part of the Software other than one copy (including all copyright, trademark and proprietary rights notices thereon) for backup purposes only and such copy shall constitute "Software" under this License; (iv) to prevent, alter or interfere with the display of any copyright, trademark, or proprietary right notice or Software.com logo on the Software; or (v) to exceed any limits indicated on the license number of this License in either the number of licensed users or in duration of the license. Permitted Uses of a Purchased License. Under this License, Software.com grants you the right, for up to the total number of accounts, if any, indicated on the Software’s license number and for the trial period, if any, indicated on the Software’s license number, (i) to use the Software on only one computer at a time and only for your internal business purposes; (ii) to make one copy of the Software (including all copyright, trademark and proprietary rights notices thereon) for backup purposes only and such copy shall constitute "Software" under this License; and (iii) to transfer the Software and documentation, including a copy of this License, to another person who agrees to become bound by the terms and conditions of this License and notifies Software.com in writing of the transfer, in which event all of your rights hereunder shall end. In the case that no number of accounts or no trial period is listed, then no such limits to the license exist. Prohibited Uses of a Purchased License. You may not, and you may not authorize anyone else (i) to operate the Software or any copy thereof on more than one computer at any time; (ii) to sell, rent, lend, assign, sublicense or transfer the Software or your rights hereunder except as expressly provided in this License; (iii) to electronically transfer the Software from one computer to another (unless you obtain licenses from Software.com for each of the machines using the Software); (iv) to reverse engineer, disassemble, decompile, or make any attempt to discover the source code of the Software; (vi) to make any copy of all or a part of the Software other than the one backup copy permitted above; (vii) to prevent, alter or interfere with the display of any copyright, trademark, or proprietary right notice or Software.com logo on the Software; or (viii) to exceed any limits indicated on the license number of this License in either the number of licensed users or in duration of the license. Termination. You may terminate this License at any time by discontinuing all use of the Software and destroying it and all copies thereof. Limited Warranty and Liability. When the Software is furnished on diskettes or CD’s, Software.com warrants the media to be free from defects in materials and workmanship under normal use for a period of sixty (60) days from the date of delivery to you as evidenced by your registration with Software.com, which must occur within ten (10) days of opening the media package. Any replacement software will be warranted for the rest of the sixty (60) day period or for thirty (30) days from the date you receive the replacement, whichever is longer. Software.com's entire liability and your exclusive remedy shall be, at Software.com's option, either (a) to return the price paid or (b) to repair or replace the Software. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Disclaimer of Warranties. THE SOFTWARE AND ASSOCIATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION IS WITH YOU. SOFTWARE.COM DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. 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. Limitations of Warranty. IN NO EVENT SHALL SOFTWARE.COM OR ANY SUPPLIER OR ANY OTHER PERSON INVOLVED IN THE CREATION, PRODUCTION, OR DISTRIBUTION OF THE SOFTWARE BE LIABLE TO YOU ON ACCOUNT OF ANY CLAIM FOR ANY SPECIAL EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, THE INABILITY TO USE, QUALITY, OR PERFORMANCE OF THE SOFTWARE.COM SOFTWARE AND DOCUMENTATION, EVEN IF SOFTWARE.COM, OR AN AUTHORIZED REPRESENTATIVE OF SOFTWARE.COM, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Government End Users. The Software and any associated documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights In Technical Data and Computer Software Clause at 52.227-7013. General. All updates or new versions of the Software which may be received by you from Software.com without accompanying licenses shall also be governed by this License. This License Agreement shall be construed, interpreted and governed by the laws of the State of California. If any provision of this License is found void or unenforceable, it will not affect the validity of the rest of this License. You may not export or re-export the Software except in compliance with the Export Administration Regulations of the U.S. Department of Commerce. Headings and captions are for convenience only and are not to be used in the interpretation of this Agreement. Format of License Number The general form of a license number is three segments separated by hyphenation. For example: 0-972983382-11352U50T30 You need not concern yourself with the first two number segments. The third segment contains your license number, as well as any restrictions as to numbers of users, duration of the license, number of lists, and/or number of subscribers. The numbers immediately following the
dash constitute the unique number to identify you as a
customer: Any numbers immediately following the
letter "U" indicate the maximum number of
accounts licensed, not including special system accounts
(for special license numbers not containing a
"U," there is no user limit): Any numbers immediately following the
letter "T" indicate the maximum number of days
allowed under a special registered trial license (typical
licenses do not contain a "T," and do not
expire): Any numbers immediately following the
letter "L" indicate the maximum number of lists
licensed: Any numbers immediately following the
letter "S" indicate the maximum number of
subscribers per list licensed: |
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