PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE PRODUCT EMAIL ARCHIVER ("Email Archiver"). BY USING EMAIL ARCHIVER, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE EMAIL ARCHIVER AND PROMPTLY REMOVE IT FROM YOUR HARD DRIVE OR DESTROY THE FLOPPY DISK OR CD THAT IT IS ON.
The enclosed product, Email Archiver, is licensed, not sold, to you by Tim Woodruff (“Author”) for use only under the terms of this License, and Author reserves any rights not expressly granted to you. You own the floppy disk or CD, if you purchased Email Archiver in that manner, on which the Email Archiver is recorded or fixed, but Author and its licensors retain ownership of Email Archiver.
1. License. This License allows you to:
(a) Use Email Archiver only with one authorized copy of the FileMaker Pro application software or use it as a stand-alone FileMaker Pro Runtime application (if that is how you purchased it). To “use” Email Archiver means that Email Archiver is either loaded in the temporary memory (i.e., RAM) of a computer or installed on the permanent memory of a computer (i.e., hard disk, etc.). You may make an additional copy of Email Archiver for backup purposes. Furthermore, if you have more than one authorized copy of the FileMaker Pro application, you may request additional copies of Email Archiver - one copy for each authorized copy of FileMaker Pro at a reduced cost;
(b) Permanently transfer all your rights under this License to another party by providing to such party all copies of Email Archiver licensed under this License together with a copy of this License Agreement and all written materials accompanying Email Archiver, provided that the other party reads and agrees to accept the terms and conditions of this License.
2. Restrictions.
(a) WITHOUT LIMITATION, YOU MAY NOT USE, COPY, MODIFY OR DISTRIBUTE EMAIL ARCHIVER FOR USE IN ANY WAY. EXCEPT AS SPECIFICALLY SET FORTH IN THIS LICENSE, YOU MAY NOT OTHERWISE USE, COPY, MODIFY, DISTRIBUTE, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR CREATE DERIVATIVE WORKS BASED UPON EMAIL ARCHIVER OR ANY PORTION OF EMAIL ARCHIVER.
(b) The product Email Archiver is protected by copyright law. As an express condition of this License, you must reproduce on each copy the Author's copyright notice and any other proprietary legends that were on the original copy supplied by the Author.
3. Termination. This License is effective until terminated. This License will terminate immediately without notice from the Author or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy Email Archiver, all accompanying written materials, and all copies thereof. You may also terminate this License at any time by destroying Email Archiver, all accompanying written materials, and all copies thereof.
4. Export Law Assurances. You agree that neither Email Archiver nor any direct product thereof is being or will be shipped, transferred, or re-exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder or will be used for any purpose prohibited by the Act.
5. Limited Warranty and Disclaimer, Limitation of Remedies and Damages.
EMAIL ARCHIVER IS LICENSED “AS IS.” THE AUTHOR AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOLUTIONS AND ANY ACCOMPANYING WRITTEN MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THE EVENT THAT ANY WARRANTY IS IMPOSED BY LAW, AUTHOR’S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY WARRANTY WILL BE, AT THE AUTHORS’ OPTION, REPLACEMENT OF THE FLOPPY DISK OR CD, REFUND OF THE PURCHASE PRICE, OR REPAIR OR REPLACEMENT OF EMAIL ARCHIVER.
6. Limitations by State and Province. Some states and provinces do not allow the limitation or exclusion of implied warranties and/or liability, so some limitations or exclusions above may not apply to You, in which case THE MINIMUM AND MOST RESTRICTED WARRANTY AND / OR LIABILITY APPLICABLE BY LAW WILL APPLY.
7. Limitation of Remedies and Damages. In no event will the Author, or any of the licensors, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect, or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, and the like), whether foreseeable or unforeseeable, arising out of the use of or inability to use the Solutions or accompanying written materials, regardless of the basis of the claim and even if the Author or the Author's representative has been advised of the possibility of such damage. Author’s liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of U.S. $25 or the money paid for Email Archiver that caused the damages.
THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
3. Government Restrictions
The Software provided is Commercial Computer Software under United States Federal Government Acquisitions Regulations and agency supplements to them. The Rights Provisions of the Federal Acquisition Regulations applicable to commercial computer software developed at private expense and not in the public domain shall apply herein. The use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software Clause and DFARS 252.227-7013 (Oct. 1988) and FAR 52.227-19 (c) (June 1987).
