Mailbag Assistant 3.981

MAILBAG ASSISTANT END USER LICENSE AGREEMENT (Version: February 2008)

This End User License Agreement (this "Agreement"), governs the

terms and conditions of the Licensee's access and use of Mailbag

Assistant software ("Mailbag Assistant"), and is made between the Licensee

("you") and Fookes Software, La Petite Fin 27, 1637 Charmey,

Switzerland ("Fookes Software"). However, if you are using a Trial

MAILBAG ASSISTANT END USER LICENSE AGREEMENT (Version: February 2008)

This End User License Agreement (this "Agreement"), governs the

terms and conditions of the Licensee's access and use of Mailbag

Assistant software ("Mailbag Assistant"), and is made between the Licensee

("you") and Fookes Software, La Petite Fin 27, 1637 Charmey,

Switzerland ("Fookes Software"). However, if you are using a Trial

Version as or on behalf of an entity, and/or have registered for

any other license as or on behalf of an entity, such as a

corporation, partnership, limited liability company or other

entity, the term "you" used below refers to the entity which will

be bound by this Agreement. You represent and warrant that you

have power and authority to enter into this Agreement on behalf of

the entity. This Agreement does not address any third-party or

free or open source software separately licensed to you.

By clicking the "I accept the Agreement" option during

installation and/or by accepting the Agreement on the online order

form and/or by using Mailbag Assistant, you confirm your acceptance of,

and agree to be bound by, this Agreement. If you do not agree to

this Agreement or if you do not understand it, do not purchase,

install, or use Mailbag Assistant.

1. Definitions

"Software" means the version of Mailbag Assistant in executable form and

documentation.

"Evaluation Period" means a limited evaluation period of usually

no more than one month, beginning on the day that you first

execute the Software.

"Trial Version" means a version of the Software, so identified, to

be used only to review, demonstrate and evaluate the Software for

a limited time period. The Trial Version may have limited features

and will cease operating after an Evaluation Period due to an

internal mechanism within the Trial Version.

"Use" means loading, installing, executing, displaying, performing

and/or transmitting the Software for your internal business

purposes, and not for distribution or resale.

2. Software License Grants

2.1. Trial Version Use

Subject to the terms and conditions of this Agreement, Fookes

Software hereby grants you a non-sublicensable, nonexclusive,

nontransferable license to Use the Trial Version without charge

and for evaluation purposes only in a non-production test

environment. Any other use of the Trial Version is expressly

prohibited. You may make as many copies of the Software as is

reasonably necessary for evaluating the Software. Files created by

the Trial Version are for evaluation purposes only and, unless you

purchase a license, must be destroyed once evaluation is complete.

2.2. Commercial Version Use

This license is subject to your compliance with the terms and

conditions of this Agreement, including payment.

Fookes Software hereby grants you a license to Use the Software on

one computer owned by or leased to You, except as follows. If the

Software is stored on a computer other than a network server then

the primary user may also Use the Software on a home and/or laptop

computer, provided the Software is used on only one machine at a

time. Otherwise, a separate license is required for each single

computer on which the Software will be used.

You may transfer all your rights to use the Software to another

individual or legal entity provided that: (a) you also transfer

(i) this Agreement, (ii) the Software, including all copies,

upgrades, updates and prior versions to such individual or entity;

(b) you retain no upgrades, updates or copies, including back-ups

and copies stored on a computer; and (c) the receiving party

accepts the terms and conditions of this Agreement and any other

terms and conditions under which you purchased a valid license to

the Software.

2.3 License Restrictions

The Software is licensed, not sold. This Agreement only gives you

the rights according to the chosen license type (section 2);

Fookes Software reserves all other rights. Especially you may not:

(a) modify, adapt, translate, rent, lease or sublicense (including

offering the Software to third parties on an application service

provider, web service or time sharing basis) the Software except

to the extent explicitly permitted in any of the licenses above;

(b) disable or block any licensing, rights management or control

features of the Software except as an intended part of the

Software's programming features; (c) assign, loan, resell,

transfer, distribute or otherwise make accessible the Software,

except as set forth in sections 2.2 and 6; (d) modify, decompile,

disassemble or reverse engineer the Software; (e) remove or modify

any legal notices in the Software; or make more copies of the

Software other than for back-up purposes, except as set forth in

sections 2.1, 2.2, and 6. You may make a reasonable number of

back-up copies of the Software, provided your back-up copies are

not installed or used for other than archival purposes, and are

kept in a safe location that is not accessible to users without a

valid license.

Once you have purchased a license, you may access the Software

through a network, provided that you have obtained individual

licenses covering all users who will Use the Software from that

network. For instance, if five different users will access the

Software on the network, you will need one or more licenses to

cover five users, whether they use the Software at different times

or concurrently.

It is your responsibility to make a back-up copy of the Software

installation file and your registration details off your computer

and place these in a safe location that is not accessible to other

users.

3. Customer Support / Software Maintenance

Fookes Software provides customer support that is generally free

of charge and exclusively by email, to the extent that Fookes

Software at its sole discretion shall determine to be reasonable.

Fookes Software has no obligation to provide customer support for

discontinued products and old Software versions that were released

before the latest update or upgrade.

You bear all responsibility for ensuring that email replies from

Fookes Software can reach you. Fookes Software cannot be held

responsible if its emails to you are blocked by your Internet

service provider (ISP), or your email server, or your email

program's spam/junk-mail filters. If necessary, you will provide

an alternative email address that can receive emails from Fookes

Software.

You acknowledge and agree that Fookes Software will not produce

any solutions, bug fixes, and/or maintenance updates, for previous

versions of Software upon availability of an update or upgrade.

4. Refund Policy

The Trial Version is available for download free of charge from

the Fookes Software web site. It is intended to allow potential

customers to evaluate before purchase, whether the Software is

compatible with their computer systems, and will satisfy their

requirements. As a result, all sales are final and refunds are

provided only for accidental duplicate orders. Refunds will only

be made to the credit card or PayPal account through which the

original purchase was made. An administration fee may apply in

such cases to cover processing costs and third-party commissions.

Ordering a software license signifies your acceptance of this

Refund Policy.

5. Ownership

The Software is proprietary to Fookes Software. The Software is

licensed, not sold, to you notwithstanding any reference herein to

"purchases." You acknowledge and agree that: (a) the Software is

protected under U.S. copyright and other national and

international copyright laws; (b) Fookes Software and its

licensors retain all copyrights and other intellectual property

rights in the Software; (c) there are no implied licenses under

this License, and any rights not expressly granted to you

hereunder are reserved by Fookes Software; (d) you acquire no

ownership or other interest (other than your license rights) in or

to the Software; and (e) Fookes Software owns all copies of the

Software, however made. You agree that you will not, at any time,

contest anywhere in the world Fookes Software's ownership of or

rights in the Software. You have no rights hereunder to use any

trademark or service mark belonging to Fookes Software.

6. Distribution of Trial Version

Provided that you are distributing the then-current Trial Version

(without any feature-unlocking file and/or instructions) you are

hereby licensed to make as many copies of the Trial Version as you

wish; give exact copies of the original Trial Version to anyone;

and distribute the Trial Version in its unmodified form via

electronic means (Internet, BBS's, software distribution

libraries, CD-ROMs, DVDs, etc.). You may charge a small

distribution fee for the Trial Version, but you must not represent

in any way that you are selling the software itself. All copies

must reproduce copyright notices.

You may not make the Trial Version available on any site, CD-ROM,

DVD, or with any package, or with any other medium or service,

which makes available or contains viruses, virus source code,

virus construction programs, virus creation material, software

cracks, spyware, malware or other malicious code or material.

Permission to distribute the Trial Version is not transferable,

assignable, saleable, or franchisable, and any attempt to do so is

void. Each entity wishing to distribute the Trial Version must

independently satisfy the terms of the foregoing distribution

license.

7. Updates and Upgrades

To Use an update or an upgrade of the Software ("Update"), you

must possess a valid license to the previous version of the

Software you want to update or upgrade. You agree that once you

start using an Update, you lose your right to Use a previous

version of the updated/upgraded Software. You also agree that you

will not transfer a previous version of the Software to another

person or entity, and that you may Use the Update only in

accordance with the terms of this Agreement.

8. Compliance

You shall conduct your business in compliance with all laws and

regulations in any way applicable to the Software or to the

performance of your obligations under this Agreement. Without

limiting the generality of the foregoing, you shall not take any

action that would violate, or cause Fookes Software to be in

violation of, any applicable law of the United States or any other

jurisdiction including but not limited to the U.S. Foreign Corrupt

Practices Act and all import and export laws, regulations and

restrictions of the United States or any foreign agency or

authority.

9. U.S. Government Rights

This is a notice to U.S. Government End Users:

The Software and the documentation which accompanies the Software

are "Commercial Items," as that term is defined at 48 C.F.R.

section 2.101, consisting of "Commercial Computer Software" and

"Commercial Computer Software Documentation," as such terms are

used in 48 C.F.R. section 12.212 or 48 C.F.R. section 227.7202, as applicable.

Consistent with 48 C.F.R. section 12.212 or 48 C.F.R. sections 227.7202-1

through 227.7202-4, as applicable, the Commercial Computer

Software and Commercial Computer Software Documentation are being

licensed to U.S. Government end users (a) only as Commercial Items

and (b) with only those rights as are granted to all other end

users pursuant to the terms and conditions herein. Fookes

Software, La Petite Fin 27, 1637 Charmey, Switzerland.

10. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. FOOKES SOFTWARE

DISCLAIMS as far as legally permissible ALL WARRANTIES RELATING TO

THE SOFTWARE, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING

BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY,

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY

OR NON-INFRINGEMENT . FOOKES SOFTWARE DOES NOT WARRANT THAT THE

SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE

OR ERROR-FREE. NEITHER FOOKES SOFTWARE NOR ANYONE ELSE WHO HAS

BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE

SOFTWARE ("SUPPLIERS") SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT,

CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT

LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) ARISING OUT OF

THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF FOOKES SOFTWARE

HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE

PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND

PERFORMANCE OF THE SOFTWARE.

THE ENTIRE LIABILITY OF FOOKES SOFTWARE AND ITS SUPPLIERS, AND

YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE SOFTWARE OR

ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY

PAID BY YOU, IF ANY, FOR USE OF THE SOFTWARE. YOU HEREBY RELEASE

FOOKES SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND ALL

OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR

RELATED TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED

WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR

BE FOREVER BARRED.

YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH

OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY

RELEASE US AND OUR SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO

THE LOSS OF ANY SUCH DATA OR FILES.

FOOKES SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE

OF THE SOFTWARE.

11. Governing Law / Jurisdiction

This Agreement is as far as legally permissible governed by Swiss

Law, subject to the express exclusion of the Vienna Sales

Convention (United Nations Convention on Contracts for the

International Sale of Goods, CISG, 1980.) Exclusive place of

jurisdiction shall be the court at the registered office of Fookes

Software.

12. Termination

Fookes Software may terminate this Agreement at any time upon

default by you of the license provisions of this Agreement, or any

other material default by you of this Agreement not cured within

thirty (30) days after written notice thereof. Except for Sections

2 and 6, all provisions of this Agreement shall survive

termination of this Agreement.

13. Severability Clause

If any provision of this Agreement is or becomes ineffective or if

there is an omission from this Agreement, this does not affect the

legal validity of the remaining provisions. The ineffective

provision will be replaced by an effective provision that is as

close as possible in economic terms to the provision wanted by the

parties. The same procedure applies in the case of an omission.

14. General

You shall not assign, delegate or sublicense any of your rights or

obligations under this Agreement, by operation of law or

otherwise, without prior written consent of Fookes Software, and

any attempt without such consent shall be void. Subject to the

preceding sentence, this Agreement binds and benefits the

permitted successors and assigns of the parties. Fookes Software

may change the terms, conditions and pricing relating to the

future licensing of its Software and other intellectual property

rights, including this Agreement, from time to time. No waiver

will be implied from conduct or failure to enforce rights nor is

it effective unless in a writing signed on behalf of the party

against whom the waiver is asserted.

There are no third-party beneficiaries to this Agreement. Fookes

Software is not bound by additional and/or conflicting provisions

in any purchase order or other correspondence unless expressly

agreed in writing. This Agreement is the complete and exclusive

statement of agreement between the parties as to its subject

matter and supersedes all proposals or prior agreements, verbal or

written, advertising, representations or communications concerning

the Software.

Last updated: 22 February 2008