END-USER LICENSE AGREEMENT FOR EMAIL MARKETER
BEFORE YOU USE THE SOFTWARE, PLEASE READ THIS AGREEMENT CAREFULLY.
This end-user license agreement ("EULA") is a legal agreement between you
(either an individual or a single entity) and Nesox Solutions Inc. For Nesox Email Marketer, including computer software, electronic documentation and printed
materials ("SOFTWARE"). By Downloading, installing, copying, or otherwise using
the SOFTWARE, you agree to be bound by the terms of this agreement. If you do
not agree to the terms of this EULA, promptly destroy all copies of the
SOFTWARE, including any updates, in your possession or return them to Nesox
Solutions.
1. GENERAL TERMS OF USE
Your use of the Software, Service, and Site, including any content and software
contained therein, signifies your understanding and agreement that such use is
entirely at your own risk. You agree to use the Software, Service and Site
solely for your personal use as an online electronic mail management tool. Nesox
Solutions does not guarantee reliability, accuracy, or completeness of the
Software, Service or Site.
The SOFTWARE is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The SOFTWARE
is licensed, not sold. You may not rent, lease, or lend The SOFTWARE. You may
permanently transfer all your rights under this End-User License Agreement,
provided you retain no copies, you transfer all of The SOFTWARE and this
End-User License Agreement, and the recipient agrees to the terms of this
End-User License Agreement.
2. CHANGES IN TERMS AND CONDITIONS OF USE
Email Marketer is not free software. You may use this software for evaluation
purposes free of charge for a period of 30 days. If you use this software after
the 30 day evaluation period, you must pay registration fee.
Nesox Solutions may change these Terms and Conditions from time to time and at
any time, with or without a release of a new version of the Software, and
without actual notice to you. All such changes to this Agreement will appear on
the Site. Email Marketer may provide additional notice of such changes by providing
a link from the Service to the Site. You agree that your continuing to use the
Software, Service and/or Site for a period of thirty (30) days after such notice
has been posted on the Site for the first time shall constitute your consent to
the new or revised set of Terms and Conditions.
3. GRANT OF LICENSE
This program version may be installed on a maximum of two computers, so long as
it is ONLY running on one system at any time: i.e. one installation at home and
one installation at the office and used only by the licensee. The simultaneous
use of this SOFTWARE by multiple personnel requires additional licenses. Use of
this SOFTWARE over an internal network requires separate license for each user.
The licensee shall not use, copy, rent, lease, sell, modify, decompile,
disassemble, reverse engineer, or transfer the licensed SOFTWARE except as
provided in this agreement. Any such unauthorized use shall result in immediate
termination of this license.
All licenses will be issued in the name of the institution, company or school.
Each additional license also allows a single user to use The SOFTWARE at home.
4. LIABILITY
We try to keep our SOFTWARE as bug free as possible. However, it is a general
rule, Murphy's, that no software is ever error free, and the number of errors
increases with the complexity of the program. We cannot guarantee that this
SOFTWARE will run in every environment, on any Windows compatible machine, or
together with any other application, without producing errors. Any liability for
damage of any sort is hereby denied. In no event shall Nesox Solutions Inc. or
its suppliers be liable for any special, incidental, indirect, or consequential
damages whatsoever (including, without limitation, damages for loss of business
profits, business interruption, loss of business information, or any other
pecuniary loss) arising out of the use of or inability to use The SOFTWARE. In
any case, the liability is limited to the registration fee. Please evaluate this
SOFTWARE with not critical data. Should you detect errors before registration,
the user accepts The SOFTWARE errors after registration. Any description of
SOFTWARE errors will be accepted, but we cannot guarantee that the errors can be
corrected.
5. DISCLAIMER OF WARRANTIES
The Author of this Software expressly disclaims any warranty for the SOFTWARE.
The SOFTWARE 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
noninfringement. The entire risk arising out of use or performance of the
SOFTWARE remains with you.
6. AUTHORIZED CLIENTS
You are responsible and liable for any activity by any person who uses the
Service through your user name and password. You are responsible for maintaining
the confidentiality of your password and for any liability resulting from
disclosure of your password. You agree to immediately notify Nesox of any
unauthorized use of the Service or any other breach of security known or
suspected by you.
7. APPLICABLE LAWS / JURISDICTION
You agree to abide by U.S. and other applicable export control laws and not to
transfer, by electronic transmission or otherwise, any content or software
subject to restrictions under such laws to a national or other destination
prohibited under such laws, without first obtaining, and then complying with,
any requisite government authorization. You further agree not to upload to or
through the Service any data or software that cannot be exported out of the
United States without prior written government authorization, including but not
limited to, certain types of encryption software. The above assurance and
commitment shall survive termination of this agreement.
You agree that the laws of the State of New York, excluding its conflicts-of-law
rules, shall govern this Agreement. Please note that your use of the Software as
well as the Service and Site may be subject to other local, state, national, and
international laws. You expressly agree that exclusive jurisdiction for any
claim or dispute with Nesox or relating in any way to your use of the
Software, Service or Site resides in the courts of the State of New York, and
you further agree and expressly consent to the exercise of personal jurisdiction
in the courts of the State of New York, in connection with any such dispute and
including any claim involving Nesox Solutions or its affiliates, subsidiaries,
employees, contractors, officers, directors, telecommunication providers and
content providers.
8. DISTRIBUTION
You may copy the evaluation version of this software and documentation as you
wish, and give exact copies of the original evaluation version to anyone, and
distribute the evaluation version of the software and documentation in its
unmodified form via electronic means. But you should not charge or requesting
donations for any such copies however made and from distributing the software
and/or documentation with other products without the author's written
permission.
9. DO NOT SEND UNSOLICITED EMAIL
Email Marketer is not licensed for sending bulk unsolicited commercial email. Be
aware that you are solely responsible for the messages you send. In many cases
sending unsolicited email (AKA Spam) is in violation of the law, and you will be
solely accountable and liable for damages and violations.
We reserve the right to refuse technical support and/or other services if you:
1. send unsolicited email, individuals not expecting to receive it; or
2. you hijack a mail server relay; or
3. distribute illegal information or materials; or
4. forge header information; or
5. put false of misleading information in the subject; or
6. fail to provide a means for unsubscribing from your lists or groups
Additionally, you must guarantee that anyone receiving your email has a
mechanism whereby they may conveniently request not to participate in future
mailings. You may use Marketer's exclude list feature, along with Email Marketer
Monitor, to manage your removal list if you wish. Email Marketer is committed to
fighting SPAM, while providing a necessary business communication tool.
Should you have any questions concerning this Agreement, please contact us.
Thanks for choosing Email Marketer!