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.
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.
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.
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!