|
End User License Agreement For Netwin Software
Product:
CWMail, The Corporate Web Mail System
IMPORTANT - Read this License Agreement carefully:
This License Agreement (LA) is a legal agreement between you (either
an individual or a single entity) and Netwin Limited for the Netwin Software
Product identified above, which includes computer software, and may include
associated media, authorization keys and online or other documentation
("Software Product" or "Software").
By installing, copying, or otherwise using the Software Product, you
agree to be bound by the terms of this LA. If you do not agree to the
terms of this LA, you may not install, copy or otherwise use the above
software.
Software Product License
The Software Product is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and treaties.
The Software Product is licensed, not sold.
1 Grant of License.
This License Agreement grants you the following rights:
1.1 Systems Software. You may install and use one copy of the Software
Product on a single computer, which may be connected at any point in time
to an unlimited number of computers operating on one or more networks.
1.2 License FEES. You may use the software for a single period not exceeding
one calendar month following the month of installation for the purpose
of evaluating the software (the evaluation period) at no charge. To use
the software beyond the evaluation period you MUST register your copy
and pay the applicable fee(s).
2. Description of other Rights and Limitations
2.1 Limitations on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the Software Product,
except and only to the extent that such activity is expressly permitted
by applicable law notwithstanding this limitation.
2.2 Rental. You may not lease or rent the Software Product.
2.3 Proprietary notices. You may not remove any proprietary notices or
labels on the Software Product.
2.4 Software Transfer. You may permanently transfer all of your rights
under this LA, provided you advise Netwin LTD, you retain no copies, you
transfer all of the software product (including all component parts, the
media and printed materials and any upgrades), AND the recipient agrees
to the terms of this LA. If the Software Product is an upgrade, any transfer
must include all prior versions of the Software Product.
2.5 Termination. You may terminate this Software Product license at any
time. In addition, without prejudice to any other rights, this Agreement
and the license granted hereunder will terminate automatically if you
fail to comply with the terms and conditions described herein. Upon termination,
you must destroy all copies of the software and documentation. Your obligations
to pay accrued charges and fees shall survive any termination of this
Agreement.
2.6 Authorization Keys. Authorization keys may be installed and enabled
for use in only one license control utility. You may not modify or make
inoperable authorization keys or license control utilities.
3. Copyright
All title and copyrights in and to the Software Product, and accompanying
printed materials are owned by Netwin Ltd. The Software Product is protected
by copyright laws and international treaty provisions. Therefore you must
treat the Software Product like any other copyrighted material, except
that you may either
(a) make one copy of the Software Product solely for backup or archival
purposes, or
(b) install the Software Product on a single computer provided you keep
the original solely for backup or archival purposes.
The software CWMail is Copyright © 1997 NetWin LTD, New Zealand, All
rights reserved.
The software remains the sole and exclusive property of NetWin at all
times.
4. Updates and Technical Support:
Upon registration and payment of appropriate fee(s), Netwin Ltd for the
specified period from the date of registration of the licensed software,
will make available to you technical support in the manner and under the
guidelines set forth in the Licensed Software User Documentation, which
may be modified from time to time by Netwin at its discretion without
notice. Netwin may, from time to time, revise or update the licensed software.
In so doing, Netwin incurs no obligation to furnish such revision or updates
to you. Updates and further support terms are available to you on the
same basis as Netwin makes them available to its other licensees at then
current prices.
5. Disclaimer of Warranty
The Software is provided on an "AS IS" basis, without warranty
of any kind, including without limitation the warranties of merchantability,
fitness for a particular purpose and non-infringement. The entire risk
as to the quality and performance of the software is borne by you. Should
the software prove defective, you and not Netwin or its suppliers assume
the entire cost of any service and repair. In addition, the security mechanisms
implemented by Netwin software have inherent limitations, and you must
determine that the software sufficiently meets your requirements. This
disclaimer of warranty constitutes an essential part of the Agreement.
6 Limitation of Liability
To the maximum extent permitted by applicable law, any conditions or
warranties imposed or implied by law are hereby excluded. Consumers may
however have the benefit of certain rights or remedies in respect of which
liability may not be excluded. Insofar as such liability may not be excluded
then to the maximum extent permitted by law, such liability is limited,
at Netwin’s exclusive option, to either
(a) the price paid for the software or
(b)replacement of the software.
7 Exclusion of Liability/Damages
The following is without prejudice to any rights you may have at law
which cannot legally be excluded or restricted. You acknowledge that no
promise, representation, warranty or undertaking has been made or given
by Netwin (or related company) to any person or company on its behalf
in relation to the profitability of or any other consequences or benefits
to be obtained from the delivery or use of the software and any accompanying
Netwin supplied software, manuals or other materials. You have relied
upon your own skill and judgment in deciding to acquire the software and
any accompanying manuals and other materials for use by you. Except as
and to the extent provided in this Agreement, neither Netwin nor any related
company will in any circumstances be liable for any other damages whatsoever
(including, without limitation, damages for loss of business, business
interruption, loss of business information or other indirect or consequential
loss) arising out of the use, or inability to use, or supply or non-supply,
of the software and any accompanying written materials. Netwin’s
total liability under any provision of this agreement is in any case limited
to the amount actually paid by you for the software.
------------------------------------------------------------------------
NetWin will make reasonable efforts to solve any reported problems but
we must limit our legal liability for obvious reasons to an extent which
is proportionate to the commercial value of this transaction.
End User License Agreement For Netwin Software
Product:
DMailWeb, Mail Web Gateway
IMPORTANT - Read this License Agreement carefully:
This License Agreement (LA) is a legal agreement between you (either
an individual or a single entity) and Netwin Limited for the Netwin Software
Product identified above, which includes computer software, and may include
associated media, authorization keys and online or other documentation
("Software Product" or "Software").
By installing, copying, or otherwise using the Software Product, you
agree to be bound by the terms of this LA.
If you do not agree to the terms of this LA, you may not install, copy
or otherwise use the above software.
Software Product License
The Software Product is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and treaties.
The Software Product is licensed, not sold.
1 Grant of License.
This License Agreement grants you the following rights:
1.1 Systems Software. You may install and use one copy of the Software
Product on a single computer, which may be connected at any point in time
to an unlimited number of computers operating on one or more networks.
1.2 License FEES. You may use the software for a single period not exceeding
one calendar month following the month of installation for the purpose
of evaluating the software (the evaluation period) at no charge. To use
the Software beyond the evaluation period you MUST register your copy
and pay the applicable fee(s).
2. Description of other Rights and Limitations
2.1 Limitations on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the Software Product,
except and only to the extent that such activity is expressly permitted
by applicable law notwithstanding this limitation.
2.2 Rental. You may not lease or rent the Software Product.
2.3 Proprietary notices. You may not remove any proprietary notices or
labels on the Software Product.
2.4 Software Transfer. You may permanently transfer all of your rights
under this LA, provided you advise Netwin Ltd, you retain no copies, you
transfer all of the Software Product (including all component parts, the
media and printed materials and any upgrades), AND the recipient agrees
to the terms of this LA. If the Software Product is an upgrade, any transfer
must include all prior versions of the Software Product.
2.5 Termination. You may terminate this Software Product License at any
time. In addition, without prejudice to any other rights, this Agreement
and the license granted hereunder will terminate automatically if you
fail to comply with the terms and conditions described herein. Upon termination,
you must destroy all copies of the Software and Documentation. Your obligations
to pay accrued charges and fees shall survive any termination of this
Agreement.
2.6 Authorization Keys. Authorization keys may be installed and enabled
for use in only one license control utility. You may not modify or make
inoperable authorization keys or license control utilities.
3. Copyright
All title and copyrights in and to the Software Product, and accompanying
printed materials are owned by Netwin Ltd. The Software Product is protected
by copyright laws and international treaty provisions. Therefore you must
treat the software product like any other copyrighted material except
that you may either
(a) make one copy of the Software Product solely for backup or archival
purposes, or
(b) install the software product on a single computer provided you keep
the original solely for backup or archival purposes.
The software DMailWeb is Copyright © 1997 NetWin Ltd, New Zealand, All
rights reserved.
The software remains the sole and exclusive property of NetWin Ltd at
all times.
4. Updates and Technical Support:
Upon registration and payment of appropriate fee(s), Netwin Ltd for the
specified period from the date of registration of the Licensed Software,
will make available to you technical support in the manner and under the
guidelines set forth in the Licensed Software User Documentation, which
may be modified from time to time by Netwin at its discretion without
notice. Netwin may, from time to time, revise or update the licensed software.
In so doing, Netwin incurs no obligation to furnish such revision or updates
to you. Updates and further support terms are available to you on the
same basis as Netwin makes them available to its other licensees at then
current prices.
5. Disclaimer of Warranty
The Software is provided on an "AS IS" basis, without warranty
of any kind, including without limitation the warranties of merchantability,
fitness for a particular purpose and non-infringement. The entire risk
as to the quality and performance of the Software is borne by you. Should
the Software prove defective, you and not Netwin or its suppliers assume
the entire cost of any service and repair. In addition, the security mechanisms
implemented by Netwin software have inherent limitations, and you must
determine that the Software sufficiently meets your requirements. This
disclaimer of warranty constitutes an essential part of the Agreement.
6 Limitation of Liability
To the maximum extent permitted by applicable law, any conditions or
warranties imposed or implied by law are hereby excluded. Consumers may
however have the benefit of certain rights or remedies in respect of which
liability may not be excluded. Insofar as such liability may not be excluded
then to the maximum extent permitted by law, such liability is limited,
at Netwin’s exclusive option, to either
(a) the price paid for the Software or
(b) replacement of the Software.
7 Exclusion of Liability/Damages
The following is without prejudice to any rights you may have at law
which cannot legally be excluded or restricted. You acknowledge that no
promise, representation, warranty or undertaking has been made or given
by Netwin (or related company) to any person or company on its behalf
in relation to the profitability of or any other consequences or benefits
to be obtained from the delivery or use of the Software and any accompanying
Netwin Supplied software, manuals or other materials. You have relied
upon your own skill and judgment in deciding to acquire the Software and
any accompanying manuals and other materials for use by you. Except as
and to the extent provided in this Agreement, neither Netwin nor any related
company will in any circumstances be liable for any other damages whatsoever
(including, without limitation, damages for loss of business, business
interruption, loss of business information or other indirect or consequential
loss) arising out of the use, or inability to use, or supply or non-supply,
of the software and any accompanying written materials. Netwin’s
total liability under any provision of this Agreement is in any case limited
to the amount actually paid by you for the Software.
------------------------------------------------------------------------
NetWin will make reasonable efforts to solve any reported problems but
we must limit our legal liability for obvious reasons to an extent which
is proportionate to the commercial value of this transaction.
|
