End User Agreement.
End User Software License Agreement
for Spamela version 1.0
PLEASE CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT") FOR
THE LICENSE OF SPAMELA ("SOFTWARE") BY ZICOM DATA ("Zicom").
BY INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY)
CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO
NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO
NOT INSTALL THE SOFTWARE.
1. License Grant. Subject to the payment of the applicable license fees,
and subject to the terms and conditions of this Agreement, Zicom
hereby grants to you a non-exclusive, non-transferable right
to use one copy of the specified version of the Software and the accompanying
documentation (the "Documentation") on any computer you personally own as a
private individual, or Corporate.
2. Term. This Agreement is effective for an unlimited duration unless and
until earlier terminated as set forth herein. This Agreement will terminate
automatically if you fail to comply with any of the limitations or other
requirements described herein. Upon any termination or expiration of this
Agreement, you must destroy all copies of the Software and the Documentation.
You may terminate this Agreement at any point by destroying all copies of
the Software and the Documentation.
3. Ownership Rights. The Software is protected by copyright laws and
international treaty provisions. Zicom own and retain all
right, title and interest in and to the Software, including all copyrights,
patents, trade secret rights, trademarks and other intellectual property rights
therein. Your possession, installation, or use of the Software does not
transfer to you any title to the intellectual property in the Software, and
you will not acquire any rights to the Software except as expressly set forth
in this Agreement.
4. Restrictions. You may not rent, lease, loan, sub-license or resell the
Software. You may not permit third parties to benefit from the use or
functionality of the Software via a timesharing, service bureau or other
arrangement. You may not transfer any of the rights granted to you under
this Agreement. You may not reverse engineer, decompile, or disassemble
the Software, except to the extent the foregoing restriction is expressly
prohibited by applicable law. You may not modify, or create derivative works
based upon, the Software in whole or in part. All rights not expressly set
forth hereunder are reserved by Zicom.
5. Warranty and Disclaimer.
Except for the limited warranty set forth herein, THE SOFTWARE IS PROVIDED
"AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Zicom
DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH RESPECT
TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. YOU ASSUME
RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED
RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED
FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS,
Zicom MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR
FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE
WILL MEET YOUR REQUIREMENTS. The foregoing provisions shall be enforceable
to the maximum extent permitted by applicable law.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL Zicom OR
ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES
OR LOSSES. IN NO EVENT WILL Zicom BE LIABLE FOR ANY DAMAGES IN
EXCESS OF THE LIST PRICE Zicom CHARGES FOR A LICENSE TO THE SOFTWARE,
EVEN IF Zicom SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. The foregoing provisions shall be enforceable to the maximum extent
permitted by applicable law.
7. Miscellaneous. This Agreement is governed by the laws of the United States.
Copyright © 2009 >> Zicom Data. All Rights Reserved
