SOFTWARE LICENSE AGREEMENT AND WARRANTY DISCLAIMER
This is a legal agreement between you (the Licensee) and Datamail Corporation covering your use of dbMailer Plug-in. Be sure to read the following agreement before using the software. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES OF IT.
Licensee may not modify or remove copyright notices or serial numbers or signatures that may be included within the software. Licensee may only distribute the SOFTWARE in conjunction with and as a part of the Licensee's own software products. Licensee may not network the SOFTWARE or otherwise make it available for others than the Licensee, and its designated users. Licensee may not give the Distribution Rights to others, including its customers and clients.
This is copyrighted software. The SOFTWARE is owned by DataMail Corp. and is protected by USA copyright laws and international treaty provisions. DataMail Corp. represents that it is the owner of the SOFTWARE and that it has the rights to grant the license. Licensee acknowledges that it is not purchasing title to the SOFTWARE, but is rather being granted a license to use the SOFTWARE.
Licensee recognizes that the User's Software License Granted Herein grants the rights to enhance its own computer software products with the SOFTWARE and that consideration has been paid by Licensee for this right alone. Licensee recognizes that this right extends to the serialized license of the SOFTWARE that accompanies this particular copy of the License Agreement, and that all copies of Licensse's own computer software products that may incorporate the SOFTWARE and that rely upon the SOFTWARE to provide a unique point of access utilizing the various functions of the SOFTWARE, shall require a separate and distinct User License for each referenced point of access.
Licensee may not rent or lease the SOFTWARE, nor shall it modify, adapt, translate, reverse engineer, decompile, or disassemble the SOFTWARE. If the Licensee violate any part of this agreement, its right to use this software terminates automatically and the Licensee must then destroy all copies of this software in its possession.
The SOFTWARE and related documentation are provided "AS IS" and without warranty of any kind and DataMail Corp. expressly disclaims all other warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall DataMail Corp. be liable for any incidental, special or consequential damages that result from the use or inability to use the software or related documentation, even if DataMail Corp. has been advised of the possibility of such damages. In no event shall DataMail Corp.'s liability exceed the license fee paid, if any.
This Agreement shall be governed by the laws of USA. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
