THIS AGREEMENT IS A LEGAL DOCUMENT. READ IT CAREFULLY BEFORE USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO DO SO, UNINSTALL THE SOFTWARE FROM ANY AND ALL COMPUTERS.
1. License
This Agreement allows you
to:
(a) Install and use the
Software on a single computer and make one copy of the Software in machine-readable
form solely for backup purposes. You must reproduce on any such copy all
copyright notices and any other proprietary legends on the original copy
of the Software.
(b) Install the Software
on a storage device, such as a network server, and run the Software on
an internal network, provided the number of concurrent users does not exceed
the number of copies of the Software purchased. A copy of the Software
must be purchased for each such user.
(c) If you have purchased
a multi-pack license for the Software product, such as a Ten-Pack license,
or a license to make multiple installations of the Software, you may concurrently
use the number of copies of the Software authorized by that purchase.
(d) Make copies of the
End-User Product, and the associated software Run-Time libraries if any,
and distribute those copies for use solely by yourself or personnel employed
by you, or by another party, solely for its own internal purposes.
2. Software Purchase
Agreement (SPA)
You must enter into an
Bulk Email Software Superstore Software Purchase Agreement if you wish
to use this software. You can find
this agreement at: http://www.americaint.com/superstore/spa.html
- This agreement must be signed and faxed in to Bulk Email
Software Superstore in order to enable your software..
3. License Restrictions
You may not make or distribute
copies of the Software, or electronically transfer the Software from one
computer to another or over a network. You may not decompile, reverse engineer,
disassemble, or otherwise reduce the Software to a human-perceivable form.
You may not rent, lease or sublicense the Software. You may not modify
the Software or create derivative works based upon the Software. You may
not export the Software into any country prohibited by the United States
Export Administration Act and the regulations thereunder.
4. Upgrades
If this copy of the Software
is an upgrade from an earlier version of the Software, it is provided to
you on a license exchange basis. You agree by your installation and use
of this copy of the Software to voluntarily terminate your earlier end-user
license and that you will not continue to use the earlier version of the
Software nor transfer it to another.
5. Ownership
The foregoing license gives
you limited rights to use the Software. Although you own the media on which
the Software is recorded, you do not become the owner of, and Taub National
Inc. retains title to, the Software, any software Run-Times libraries,
and all copies thereof. All rights not specifically granted in this Agreement,
including Federal and International Copyrights, are reserved by Earthonline.
6. Limited Warranties
(a) NO WARRANTIES. Taub
national Inc. expressly disclaims any warranty for the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT and
any related documentation is provided "as is" without warranty of any kind,
either express or implied, including, without limitation, the implied warranties
or merchantability, fitness for a particular purpose, or non-infringement.
The entire risk arising out of use or performance of the SOFTWARE PRODUCT
remains with you. There are no-refunds for this product. All sales are
final.
(b) No oral or written
information or advice given by Taub National, its dealers, distributors,
agents or employees shall create a warranty or in any way increase the
scope of this warranty.
7. Exclusive Remedy
Your exclusive remedy under
Section 6 is to return the Software to the place you acquired it, with
a copy of your receipt and a description of the problem. Taub National
Inc. will use reasonable commercial efforts to supply you with a replacement
copy of the Software that substantially conforms to the documentation,
provide a replacement for defective media, or direct you to a Online Download
Site, at its option. Taub National Inc. shall have no responsibility if
the Software has been altered in any way, if the media has been damaged
by accident, abuse or misapplication, or if the failure arises out of use
of the Software with other than a recommended hardware configuration.
8. Limitations of Damages
(a) Taub National Inc.
SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF EARTHONLINE OR ITS REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY
SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) YOU, THE USER OF ANY
BULK EMAIL SOFTWARE SUPERSTORE PRODUCTS, ASSUME ALL RESPONSIBILITY
AND LIABILITY OF DAMAGES CAUSED BY USING SAID SOFTWARE.
(c) TAUB NATIONAL'S TOTAL
LIABILITY (IF ANY) TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL
BE LIMITED TO THE THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH
DAMAGE.
9. Basis of Bargain
The limited warranty, exclusive
remedies and limited liability set forth above are fundamental elements
of the basis of the agreement between Taub National Inc. and you. Taub
National Inc. would not be able to provide the Software on an economic
basis without such limitations.
10. (USA only) Government
End Users RESTRICTED RIGHTS LEGEND
This software is "Restricted
Computer Software." Use, duplication, or disclosure by the U.S. Government
is subject to restrictions as set forth in this Agreement and as provided
in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (OCT
1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable.
11. (Outside of the USA
only) Consumer End Users
The limitations or exclusions
of warranties and liability contained in this agreement do not affect or
prejudice the statutory rights of a consumer; i.e., a person acquiring
goods otherwise than in the course of a business.
12. General
This Agreement shall be
governed by the internal laws of the State of Florida, USA. This Agreement
contains the complete agreement between the parties with respect to the
subject matter hereof, and supersedes all prior or contemporaneous agreements
or understandings, whether oral or written. All questions concerning this
Agreement shall be directed to: Taub National Inc. Attention: Chief
Operations Officer. or sales@contactai.com