The Email Server 2.0.277


EULA - End User License Agreement



This End-User License Agreement ("EULA") is a
legal agreement between you (either an individual
or a single entity) and The Email Server Company
for The Email Server software product, which
includes computer software and may include
associated media, printed materials, and "online" or
electronic documentation ("Product"). An
amendment or addendum to this EULA may
accompany the Product. YOU AGREE TO BE
BOUND BY THE TERMS OF THIS EULA BY
INSTALLING, COPYING, OR OTHERWISE
USING THE PRODUCT. IF YOU DO NOT
AGREE, DO NOT INSTALL OR USE THE
PRODUCT.

1. GRANT OF LICENSE. The Email Server
Company grants you the following limited, personal,
non-exclusive rights provided that you comply with
all terms and conditions of this EULA:
* Systems Software. You may install and
use one copy of the Product on a single computer,
including a workstation, terminal or other digital
electronic device ("COMPUTER").
* Storage/Network Use. You may also
store or install a copy of the Product on a storage
device, such as a network server, used only to
install or run the Product on your other
COMPUTERS over an internal network; however,
you must acquire and dedicate a license for each
separate COMPUTER on or from which the
Product is installed, used, accessed, displayed or
run. A license for the Product may not be shared or
used concurrently on different COMPUTERS.
Notwithstanding the foregoing, any number of
COMPUTERS may access or otherwise utilize the
email services of the Product.
* Reservation of Rights. The Email Server
Company reserves all rights not expressly granted to
You in this EULA.

2. DESCRIPTION OF OTHER RIGHTS
AND LIMITATIONS.
* Not For Resale Software. Product
identified as "Not for Resale" or "NFR," may not be
resold, transferred or used for any purpose other
than demonstration, test or evaluation.
* Limitations on Reverse Engineering,
Decompilation, and Disassembly. You may not
reverse engineer, decompile, or disassemble the
Product, except and only to the extent that such
activity is expressly permitted by applicable law
notwithstanding this limitation.
* Separation of Components. The Product
is licensed as a single product. Its component parts
may not be separated for use on more than one
computer.
* Rental. You may not rent, lease or lend
the Product.
* Trademarks. This EULA does not grant you any
rights in connection with any trademarks or service
marks of The Email Server Company or any
trademarks or service marks of any third party that
may be contained herein.
* Support Services. The Email Server
Company is not obligated to provide technical or
other support for the Product. If The Email Server
Company should provide You with support services
related to the Product ("Support Services"), use of
Support Services is governed by the The Email
Server Company polices and programs described in
the user manual, in "on line" documentation and/or
other provided materials. Any supplemental
software code provided to you as part of the
Support Services shall be considered part of the
Product and subject to the terms and conditions of
this EULA. With respect to technical information
you provide to The Email Server Company as part
of the Support Services, The Email Server
Company may use such information for its business
purposes, including for product support and
development. The Email Server Company will not
utilize such technical information in a form that
personally identifies you.
* Transfer to Third Party. The initial user of the
Product may make a one-time transfer of the
Product to another end user. The transfer has to
include all component parts, media, printed
materials and this EULA. The transfer may not be
an indirect transfer, such as a consignment. Prior
to the transfer, the end user receiving the
transferred Product must agree to all the EULA
terms
* Termination. Without prejudice to any
other rights, The Email Server Company may cancel
this EULA if you do not abide by the terms and
conditions of this EULA, in which case you must
destroy all copies of the Product and all of its
component parts.
3. UPGRADES. You may move the
Product to a different Workstation Computer. To
use a Product identified as an upgrade, you must
first be licensed for the product identified by The
Email Server Company as eligible for the upgrade.
After upgrading, you may no longer use the product
that formed the basis for your upgrade eligibility.
4. COPYRIGHT. All title and intellectual
property rights in and to the Product (including but
not limited to any images, photographs, animations,
video, audio, music, text, and "applets"
incorporated into the Product), the accompanying
printed materials, and any copies of the Product are
owned by The Email Server Company or its
suppliers. All title and intellectual property rights in
and to the content which may be accessed through
use of the Product is the property of the respective
content owner and may be protected by applicable
copyright or other intellectual property laws and
treaties. This EULA grants you no rights to use
such content. All rights not expressly granted are
reserved by The Email Server Company.
5. BACKUP COPY. After installation of one copy of
the Product pursuant to this EULA, you may keep
the original media on which the Product was
provided by The Email Server Company solely for
backup or archival purposes. Except as expressly
provided in this EULA, you may not otherwise make
copies of the Product or the printed materials
accompanying the Product.
6. LIMITED WARRANTY.
LIMITED WARRANTY FOR SOFTWARE
PRODUCTS ACQUIRED IN THE US AND
CANADA. The Email Server Company
warrants that the product will perform substantially
in accordance with the accompanying materials for
a period of ninety days from the date of receipt. If
an implied warranty or condition is created by your
state/jurisdiction and federal or state/provincial law
prohibits disclaimer of it, you also have an implied
warranty or condition, BUT ONLY AS TO
DEFECTS DISCOVERED DURING THE PERIOD
OF THIS LIMITED WARRANTY (NINETY DAYS).
AS TO ANY DEFECTS DISCOVERED AFTER
THE NINETY (90) DAY PERIOD, THERE IS NO
WARRANTY OR CONDITION OF ANY KIND.
Some states/jurisdictions do not allow limitations on
how long an implied warranty or condition lasts, so
the above limitation may not apply to you.
Any supplements or updates to the Product,
including without limitation, any (if any) service
packs or hot fixes provided to you after the
expiration of the ninety day Limited Warranty period
are not covered by any warranty or condition,
express, implied or statutory.
LIMITATION ON REMEDIES; NO
CONSEQUENTIAL OR OTHER DAMAGES. Your
exclusive remedy for any breach of this Limited
Warranty is as set forth below. Except for any
refund elected by The Email Server Company, YOU
ARE NOT ENTITLED TO ANY DAMAGES,
INCLUDING BUT NOT LIMITED TO
CONSEQUENTIAL DAMAGES, if the Product does
not meet The Email Server Company's Limited
Warranty, and, to the maximum extent allowed by
applicable law, even if any remedy fails of its
essential purpose. The terms of Section 8 below
("Exclusion of Incidental, Consequential and
Certain Other Damages") are also incorporated into
this Limited Warranty. Some states/jurisdictions do
not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or
exclusion may not apply to you. This Limited
Warranty gives you specific legal rights. You may
have others which vary from state/jurisdiction to
state/jurisdiction. YOUR EXCLUSIVE REMEDY.
The Email Server Company's and its suppliers'
entire liability and your excl
usive remedy shall be, at The Email Server
Company's option from time to time exercised
subject to applicable law, (a) return of the price paid
(if any) for the Product, or (b) repair or replacement
of the Product, that does not meet this Limited
Warranty and that is returned to The Email Server
Company with a copy of your receipt. You will
receive the remedy elected by The Email Server
Company without charge, except that you are
responsible for any expenses you may incur (e.g.
cost of shipping the Product to The Email Server
Company). This Limited Warranty is void if failure of
the Product has resulted from accident, abuse,
misapplication, abnormal use, a virus or anti-virus
software. Any replacement Product will be
warranted for the remainder of the original warranty
period or thirty (30) days, whichever is longer.
Outside the United States or Canada, neither these
remedies nor any product support services offered
by The Email Server Company are available without
proof of purchase from an authorized inter
national source. To exercise your remedy, contact
The Email Server Company subsidiary serving your
country.
LIMITED WARRANTY FOR SOFTWARE
PRODUCTS ACQUIRED OUTSIDE THE US AND
CANADA. FOR THE LIMITED WARRANTIES
AND SPECIAL PROVISIONS PERTAINING TO
YOUR PARTICULAR JURISDICTION, PLEASE
REFER TO YOUR WARRANTY BOOKLET
INCLUDED WITH THIS PACKAGE OR
PROVIDED WITH THE SOFTWARE PRODUCT
PRINTED MATERIALS.
7. DISCLAIMER OF WARRANTIES. The
Limited Warranty that appears above is the only
express warranty made to you and is provided in
lieu of any other express warranties (if any) created
by any documentation or packaging. Except for
the Limited Warranty and to the maximum extent
permitted by applicable law, The Email Server
Company and its suppliers provide the Product and
support services (if any) AS IS AND WITH ALL
FAULTS, and hereby disclaim all other warranties
and conditions, either express, implied or statutory,
including, but not limited to, any (if any) implied
warranties, duties or conditions of merchantability,
of fitness for a particular purpose, of accuracy or
completeness of responses, of results, of
workmanlike effort, of lack of viruses, and of lack of
negligence, all with regard to the Product, and the
provision of or failure to provide support services.
ALSO, THERE IS NO WARRANTY OR
CONDITION OF TITLE, QUIET ENJOYMENT,
QUIET POSSESSION, CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT WITH
R
EGARD TO THE PRODUCT.
8. EXCLUSION OF INCIDENTAL,
CONSEQUENTIAL AND CERTAIN OTHER
DAMAGES. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL The Email Server Company OR ITS
SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS OR CONFIDENTIAL OR OTHER
INFORMATION, FOR BUSINESS
INTERRUPTION, FOR PERSONAL INJURY, FOR
LOSS OF PRIVACY, FOR FAILURE TO MEET
ANY DUTY INCLUDING OF GOOD FAITH OR OF
REASONABLE CARE, FOR NEGLIGENCE, AND
FOR ANY OTHER PECUNIARY OR OTHER
LOSS WHATSOEVER) ARISING OUT OF OR IN
ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE PRODUCT, THE
PROVISION OF OR FAILURE TO PROVIDE
SUPPORT SERVICES, OR OTHERWISE UNDER
OR IN CONNECTION WITH ANY PROVISION OF
THIS EULA, EVEN IN THE EVENT OF THE
FAULT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY, BREACH OF CONTRACT OR
BREACH OF WARRANTY OF The Email Server
Company OR ANY SUPPLIER, AND EVEN IF The
Email Server Company OR ANY SUPPLIER HAS
BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
9. LIMITATION OF LIABILITY AND
REMEDIES. Notwithstanding any damages that
you might incur for any reason whatsoever
(including, without limitation, all damages
referenced above and all direct or general
damages), the entire liability of The Email Server
Company and any of its suppliers under any
provision of this EULA and your exclusive remedy
for all of the foregoing (except for any remedy of
repair or replacement elected by The Email Server
Company with respect to any breach of the Limited
Warranty) shall be limited to the greater of the
amount actually paid by you for the Product or
U.S.$5.00. The foregoing limitations, exclusions
and disclaimers (including Sections 7 [Disclaimer of
Warranties] and 8 [Exclusion of Incidental,
Consequential and Certain Other Damages] above)
shall apply to the maximum extent permitted by
applicable law, even if any remedy fails its essential
purpose.
10. APPLICABLE LAW. If you acquired this
Product in the United States, this EULA is
governed by the laws of the State of Minnessota. If
you acquired this Product in Canada, unless
expressly prohibited by local law, this EULA is
governed by the laws in force in the Province of
Ontario, Canada; and, in respect of any dispute
which may arise hereunder, you consent to the
jurisdiction of the federal and provincial courts
sitting in Toronto, Ontario. If this Product was
acquired outside the United States, then local law
may apply. Should you have any questions
concerning this EULA, or if you desire to contact
The Email Server Company for any reason send an
email to sales@theemailserver.com.
11. ENTIRE AGREEMENT. This EULA (including
any addendum or amendment to this EULA which is
included with the Product) are the entire agreement
between you and The Email Server Company
relating to the Product and the support services (if
any) and they supersede all prior or
contemporaneous oral or written communications,
proposals and representations with respect to the
Product or any other subject matter covered by this
EULA. To the extent the terms of any The Email
Server Company policies or programs for support
services conflict with the terms of this EULA, the
terms of this EULA shall control.
13. The Product is protected by copyright
and other intellectual property laws and treaties.
The Email Server Company or its suppliers own the
title, copyright, and other intellectual property rights
in the Product. The Product is licensed, not sold.



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Users Rating:  
  2.7/5     12
Downloads: 478
Updated At: 2024-03-19
Publisher: The Email Server
Operating System: windows
License Type: Free