THIS DOWNLOAD CONTAINS COMPUTER PROGRAMS ("SOFTWARE"), DOCUMENTATION
AND OTHER PROPRIETARY MATERIAL (COLLECTIVELY, "PRODUCT") THAT BELONG TO
CARE-MAIL, INC. ("LICENSOR") AND ITS LICENSORS. INSTALLATION AND
USE OF THE SOFTWARE IS SUBJECT TO THIS LICENSE AGREEMENT ("AGREEMENT"). BY
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A PARTY TO, THIS AGREEMENT.
IF YOU DO NOT AGREE (OR CANNOT COMPLY WITH) ALL OF THE TERMS OF THIS
AGREEMENT, CLICK THE "CANCEL" LINK, IN
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IS EXPRESSLY CONDITIONAL ON ASSENT TO THESE TERMS EXCLUSIVE OF ALL OTHER
TERMS TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED
AN OFFER BY LICENSOR, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
1. GRANT OF LICENSE. LICENSOR, grants you, a non-exclusive right to use
and display the enclosed copy of the SOFTWARE on a single computer (i.e.
with a single CPU) at a single location (the "LICENSE"). If the SOFTWARE
is intended to be used on a multi-user system, this LICENSE covers all
authorized end users of that specific multi-user system. LICENSOR reserves
all rights not expressly granted to you herein.
2. OWNERSHIP OF SOFTWARE. You own only the magnetic or other physical
media on which the SOFTWARE is originally or subsequently recorded or
fixed, but LICENSOR retains all title and ownership of the SOFTWARE
recorded on the original disc and all copies of the SOFTWARE, regardless
of the form or media in or on which the original and other copies may
exist. The LICENSE is not a sale of the SOFTWARE or any copy of it.
3. COPY RESTRICTIONS. The SOFTWARE and the accompanying written
materials ("DOCUMENTATION") are copyrighted. Unauthorized copying of the
SOFTWARE, including any portion of the SOFTWARE that has been modified,
merged, or included with other software, or of the DOCUMENTATION is
expressly forbidden. You may be held legally responsible for any copyright
infringement that is caused or encouraged by your failure to abide by the
terms of the LICENSE.
4. USE RESTRICTIONS. You may not modify, adapt, translate, reverse
engineer, decompile, disassemble, or create derivative works based on the
SOFTWARE or permit others to do so. You may not modify, adapt, translate,
or create derivative works based on the DOCUMENTATION without the prior
written consent of LICENSOR.
5. TRANSFER RESTRICTIONS. The SOFTWARE is licensed only to you and may
not be transferred to anyone without LICENSOR'S prior written
authorization. Any authorized transferee of the SOFTWARE shall be bound in
writing by the terms and conditions of this AGREEMENT. In no event may you
transfer, assign, rent, lease, sell, or otherwise dispose of the SOFTWARE
on a temporary or permanent basis except as expressly provided herein.
6. TERMINATION. This AGREEMENT is effective until terminated. In the
event you fail to comply with any provision of this AGREEMENT, this
AGREEMENT may be terminated if you do not cure such failure within
forty-five (45) days of a written notice from LICENSOR. Upon termination
you shall destroy the DOCUMENTATION and all copies of the SOFTWARE,
including modified copies, if any.
7. UPDATE POLICY. LICENSOR may from time to time, create updated
versions of the SOFTWARE and provide them for download at it's web site
8. MISCELLANEOUS. This AGREEMENT is governed by the laws of the State
of California without regard to its conflicts of laws and without regard
to the United Nations Convention on Contracts for the International Sale
of Goods. This AGREEMENT may be modified in the observance of any
provision of this AGREEMENT may be waived only with the prior written
consent of LICENSOR. If any provision of this AGREEMENT is found to be
illegal, void or for any reason unenforceable, it shall be deemed
severable from and shall in no way affect the validity on enforceability
of the remaining provisions of this AGREEMENT.
9. LIMITED WARRANTY. LICENSOR DOES NOT WARRANT, GUARANTEE, OR MAKE ANY
REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE
SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY,
RELIABILITY, CURRENTNESS, OR OTHERWISE.
10. LIMITATION OF LIABILITY. LICENSOR'S entire liability and your
exclusive remedy as to the software shall be the replacement of the
software that does not comply with the foregoing Limited Warranty. THE
ABOVE ARE THE ONLY WARRANTIES OF ANY KIND MADE BY LICENSOR WITH RESPECT TO
THE PRODUCT, AND ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF THE MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY LICENSOR, ITS DEALERS, DISTRIBUTORS, AGENTS
OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF
THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS
WHICH VARY FROM STATE TO STATE.
NEITHER LICENSOR, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE
CREATION, PRODUCTION, OR DELIVERY OF THE PRODUCT SHALL BE LIABLE FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE PRODUCT EVEN IF LICENSOR 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 LIMITATION
MAY NOT APPLY TO YOU.
