BY CLICKING ON THE "Accept" BUTTON, YOU ARE CONSENTING TO BE BOUND BY THIS LICENCE . IF YOU CLICK ON THE "Reject" BUTTON THE INSTALLATION OF THE SOFTWARE WILL NOT CONTINUE. IF YOU ARE ACCEPTING THIS LICENCE ON BEHALF OF A CORPORATE LICENSEE, YOU REPRESENT THAT YOU ARE AUTHORISED TO DO SO. IF YOU ARE NOT SO AUTHORISED, NOR DEEMED IN LAW TO HAVE SUCH AUTHORITY, YOU ASSUME SOLE PERSONAL LIABILITY FOR THE OBLIGATIONS SET OUT IN THIS LICENCE.
Copyright (c) 2000, 2001 Mailgate Limited. All Rights Reserved.
CUSTOMER SOFTWARE LICENCE AGREEMENT for SpamWeasel (c)
Mailgate Limited (the "Licensor"), being a limited company registered in England No. 3646872, is authorised to licence SpamWeasel software ("the Software"), and upon installation you (the "Licensee") accept a non-exclusive, non-transferable Licence to "Use" (as hereinafter defined) the Software upon the terms and subject to the conditions contained herein.
This version is Freeware. The Licensee is using the Software free of charge and is not entitled under the terms of this Agreement to documentation, support, email or telephone assistance.
For the purposes of this Licence "Use" shall mean and include:
running the Software; copying the Software for the purposes of understanding the contents of machine-readable material; copying the software in order to distribute it in an unchanged form and without requesting or accepting payment of any kind.
This Limited Use Software Licence Agreement (the Agreement) is a legal agreement between you (the "Licensee") as the end-user and the Licensor and by installing, using or storing the Software on a computer hard drive (or other media), the Licensee is agreeing to be bound by the terms of this Agreement.
The Licensee may not alter the Software in any way, including changing or removing any messages or windows or graphics.
The Licensee undertakes not to perform any of the acts referred to in this sub-clause except to the extent and only to the extent permitted by the applicable law to the Licensee as a lawful user (i.e. a party with a right to use) of the Software and only then for the specific limited purpose stated in such applicable law or hereunder.
The Licensee undertakes:
- not to rent or sell the Software
- not to create derivative works based upon the Software
- not to incorporate, combine or merge the Software into any other software UNLESS the Licensee agrees to respect and not to remove or conceal from view any copyright, trademark or confidentiality notices appearing on the Software or Documentation and to reproduce any such copyright, trademark or confidentiality notices on all copies of the Software and Documentation or any portion thereof made by the Licensee as permitted hereunder and on all portions contained in or merged into other computer software products and documentation;
- not to translate, adapt, vary, modify the Software;
- not to disassemble, decompile or reverse engineer the Software
Provided however that in the case of decompilation, the Licensee may incidentally decompile the Software only if it is essential so to do in order to achieve interoperability of the Software with another software program ("Permitted Purpose") and provided the information obtained by the Licensee during such decompilation is only used for the Permitted Purpose and is not disclosed or communicated to any third party whom it is not necessary to disclose or communicate such information without the Licensor's prior written consent and is not used to create any software which is substantially similar to the expression of the Software nor used in any manner which would be restricted by copyright.
The Licensee may not publicise or distribute any registration code algorithms, information, or registration codes used by the Software without the written permission of the Licensor.
The software may be distributed freely on online services, bulletin boards, or other electronic media provided that the files are distributed in their entirety.
SpamWeasel is Copyright (c) Mailgate Limited Software. The Licensee must treat the Software like any other copyrighted material.
THE LICENCEE ACKNOWLEDGES THAT SOFTWARE IN GENERAL IS NOT ERROR-FREE AND AGREES THAT THE EXISTENCE OF SUCH ERRORS SHALL NOT CONSTITUTE A BREACH OF THIS LICENCE.
WARRANTY DISCLAIMERS
TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE LICENSOR DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
ALTHOUGH THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE SUPPLIED HEREUNDER SHALL BE FREE FROM ALL KNOWN VIRUSES IT HAS USED COMMERCIALLY REASONABLE EFFORTS TO CHECK FOR THE MOST COMMONLY KNOWN VIRUSES PRIOR TO PACKAGING. THE LICENCEE IS NEVERTHELESS SOLELY RESPONSIBLE FOR VIRUS SCANNING THE SOFTWARE.
THE SOFTWARE IS NOT WARRANTED TO BE FAULT-TOLERANT, AND IS NOT INTENDED FOR THE DESIGN, CONSTRUCTION, MAINTENANCE, OPERATION, CONTROL, OR ANY OTHER USE IN CONNECTION WITH HIGH RISK SYSTEMS, AND THE LICENSOR SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR PURPOSE IN CONNECTION WITH HIGH RISK SYSTEMS.
The licencee will not use the software for any purpose in connection with High Risk Systems.
In this clause, 'High Risk Systems' means systems in environments requiring fail-safe performance (such as nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems), in which the failure of the software could lead directly to death, personal injury, or severe physical or environmental damage.
LICENSOR'S LIABILITY : EXCLUSIONS
THE LICENSOR SHALL NOT BE LIABLE TO THE LICENCEE FOR ANY LOSS OR DAMAGE WHATSOEVER OR HOWEVER CAUSED ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS LICENCE, THE SOFTWARE, ITS USE OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE LAWFULLY EXCLUDED UNDER THE APPLICABLE LAW.
NOTWITHSTANDING THE GENERALITY OF THE ABOVE, THE LICENSOR EXPRESSLY EXCLUDES LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHICH MAY ARISE IN RESPECT OF THE SOFTWARE, ITS USE, THE SYSTEM ON WHICH IT IS INSTALLED OR IN RESPECT OF OTHER EQUIPMENT OR PROPERTY, OR FOR LOSS OF PROFIT, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS.
IN THE EVENT THAT ANY EXCLUSION CONTAINED IN THIS LICENCE SHALL BE HELD TO BE INVALID FOR ANY REASON AND THE LICENSOR BECOMES LIABLE FOR LOSS OR DAMAGE THAT MAY LAWFULLY BE LIMITED, SUCH LIABILITY SHALL BE LIMITED TO THE SUM OF ONE UNITED STATES DOLLAR.
Copyright, Patents, Trade Marks and Other Intellectual Property Rights
The Licensee acknowledges that any and all of the copyright, trade marks, trade names, patents and other intellectual property rights subsisting in or used or in connection with the Software including all documentation and manuals relating thereto are and remain the sole property of the Licensor. The Licensee shall not during or at any time after the expiry or termination of this Licence in any way question or dispute the ownership by the Licensor thereof.
Miscellaneous
Title
Title, ownership rights and intellectual property rights in the Software shall remain with the Licensor and/or its suppliers. The software is protected by copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and is protected by applicable law. This Licence gives the Licensee no rights to such content.
Waiver
Failure or neglect by either party to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of that party's rights hereunder nor in any way affect the validity of the whole or any part of this Licence nor prejudice that party's rights to take subsequent action.
Headings
The headings of the terms and conditions herein contained are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of any of the terms and conditions of this Licence.
Severability
In the event that any of these terms and conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
Termination
The Licence will terminate automatically if Licensee fails to comply with the limitations described herein. On termination Licensee must destroy all copies of the software in its possession. Termination, howsoever or whenever occasioned, shall be subject to any rights and remedies the Licensor may have under this Licence or under the applicable law.
Law
The parties hereby agree that the Licence concluded between them and constituted on these terms and conditions shall be construed in accordance with English Law. The place of acceptance of this Licence to Use the Software is held by all parties concerned to be the registered place of trading of the Licensor, on the date the Licensor deems such acceptance to have occurred.
