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MailSite License Agreement
 

LICENSE AGREEMENT: This Software License Agreement (this "Agreement") is a legal agreement between you, the end customer ("Licensee" or "you") and MailSite Software Incorporated ("MailSite, Inc." or "Licensor"). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE ACCOMPANYING MAILSITE FUSION ENGINE (THE "SOFTWARE"). BY USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE "I DO NOT AGREE" BUTTON OR RETURN FOR REFUND THE UNUSED SOFTWARE AND ALL ACCOMPANYING DOCUMENTATION WITHIN TEN (10) DAYS OF PURCHASE TO THE VENDOR FROM WHOM YOU OBTAINED IT.

GRANT: Licensor grants you a non-exclusive, non-transferable license (the "License") to use the Software on a single computer owned or leased by you ("Server") or on multiple Servers connected in a network that authenticate against a single subscriber database ("Cluster of Servers") limited to the total number of mailboxes that you purchased. The Software is deemed "in use" on a single Server or on a Cluster of Servers when it is loaded into the temporary memory (i.e. RAM) or installed onto the permanent memory (e.g. hard disk or other storage medium) of the Server(s). If you have more than one License for the Software, then at any time you may have as many copies of the Software in use as you have Licenses. The MailSite Console is subject to this Agreement, however it may be freely installed on any of your Servers.

LICENSE KEY: A License Key may have been supplied to you to activate your use of the Software. The License Key is confidential information of MailSite, Inc, and you may not disclose it to any other person or entity.

RESTRICTIONS: The Software and the accompanying Administration Guide ("Manual") contain copyrighted material, trade secrets, and other proprietary information belonging to Licensor and/or its licensors and are therefore protected by United States copyright laws, international treaty provisions and all other applicable laws. In order to protect them, and except as permitted by applicable law, you may not: (a) modify, decompile, disassemble, decrypt, or otherwise reverse engineer the Software or create derivative works based upon the Software in whole or in part; (b) rent, transfer, assign, lease, sublicense or grant any rights in the Software, or any portion thereof, in any form to any person without the prior written consent of Licensor which, if given, shall be subject to the conferee's consent to the terms and conditions of this Agreement; or (c) remove any proprietary notices, labels or marks on the Software.

LIMITED WARRANTY AND DISCLAIMER: The sole warranty regarding the Software is that the Software will perform in substantial compliance with the Manual on that hardware and operating system software for which it was designated (as stated in the Manual) for a period of 90 days from the date of purchase. The entire liability of MailSite, Inc. and your sole and exclusive remedy for any breach of this limited warranty shall be, at the option of MailSite, Inc, either (a) the refund of your payment for the Software upon your return of Software and the Manual along with a copy of your receipt, or (b) the replacement of the Software on an exchange basis without charge provided you return the Software and the Manual along with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAILSITE, INC. DISCLAIMS ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING THE SOFTWARE AND THE MANUAL, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR THEIR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAILSITE, INC. AND ITS SUPPLIERS AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER THEORY OF LIABILITY EVEN IF LICENSOR OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN ANY EVENT, THE ENTIRE LIABILITY OF MAILSITE, INC. UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE, OR TO $1000, WHICHEVER IS THE LESSER AMOUNT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

TERMINATION: This License is effective until terminated. You may terminate this License at any time by destroying the Software, the Manual and any copies thereof. This License will terminate immediately without notice from Licensor if you fail to comply with any provision of this License. Upon termination you must destroy or return to Licensor the Software, the Manual and any copies thereof.

JURISDICTION AND INTERPRETATION: This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement is deemed entered into at Campbell, California, and jurisdiction for resolution of any disputes shall reside solely in the state and federal courts of the County of Santa Clara, State of California. This Agreement shall be construed as to its fair meaning and not strictly for or against either party.

MISCELLANEOUS: You acknowledge that, in providing you with the Software, Licensor has relied upon your agreement to be bound by the terms of this Agreement. You further acknowledge that you have read, understood, and agreed to be bound by the terms of this Agreement, and hereby reaffirm your acceptance of those terms. You further acknowledge that this Agreement constitutes the complete statement of the agreement between you and Licensor, and that the Agreement does not include any other prior or contemporaneous promises, representations, or descriptions regarding the Software. However, this Agreement does not limit any rights that Licensor may have under trade secret, copyright, patent, or other laws that may be available to it. The agents, employees, distributors, and dealers of Licensor are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Licensor. Accordingly, additional statements such as dealer or other advertising or presentations, whether oral or written, do not constitute representations or warranties by Licensor and should not be relied upon. This Agreement may be modified only in writing. If any provision of this Agreement is invalid or unenforceable under applicable law, it is to that extent, deemed omitted and the remaining provisions will continue in full force and effect. Use, duplication or disclosure by the U.S. Government is subject to restrictions stated in paragraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013.


 

AVG END USER SOFTWARE LICENSE AGREEMENT

 

1. License Grant; Related Provisions

 

a. Grant of License

AVG Technologies, subject to the terms and conditions of this Agreement, hereby grants to you a non-exclusive and non-transferable license during the Term to use the Software only in executable or object code form solely for your personal or internal business purposes. This license authorizes you to use the Software on or in conjunction with up to (i) the number of computers specified by your order for the Software, or (ii) in the case of Software purchased on a CD or other physical medium, the number specified on the Software package, or (iii) if you received the Software in combination with other hardware or software, solely in conjunction with such other hardware or software.

b. Limitations

You shall not, and shall not permit any third party to,
(i) duplicate the Software for any purpose other than as reasonably necessary to use the same as contemplated by this Agreement and for off-line archival and disaster recovery purposes;
(ii) except for temporary transfer in the event of computer malfunction, install the Software on a second computer;
(iii) publish the Software or use the same other than for the purposes described in Section 1.a of this Agreement;
(iv) except as expressly authorized by law, reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract the Software or any portion of the Software (including without limitation any related malware signatures and malware detection routines);
(v) except as expressly authorized by law, change, modify or otherwise alter the Software (including without limitation any related malware signatures and malware detection routines);
(vi) transfer, pledge, rent, share or sublicense the Software other than in connection with the sale or other transfer of the computer on which it is initially installed;
(vii) grant any third party access to or use of the Software on a service bureau, timesharing, subscription service, rental or application service provider basis or otherwise; or
(viii) defeat or circumvent, attempt to defeat or circumvent, or authorize or assist any third party in defeating or circumventing controls on the installation or use of copies of the Software.

c. Updates

AVG Technologies, from time to time during the Term, may provide updates to the Software and/or the malware signatures included therein (each, an “Update”). Updates will be deemed Software for all purposes under this Agreement. You acknowledge that you must routinely download and permit installation of Updates in order to obtain maximum benefit from the Software.

 

2. Term; Termination

 

a. Term

The initial term of this Agreement will commence on the date you download or otherwise acquire the Software, and will continue
(i) for the term you specified in your order for the Software, or
(ii) if you purchased the Software on CD or other physical medium, on the Software package, or
(iii) if you received the Software in combination with other hardware or software, the term specified by your supplier. If renewal terms are available, AVG Technologies will provide notice offering you the opportunity to purchase renewals at the then-current renewal price. The initial term and any renewals purchased are referred to in this Agreement as the “Term”.

b. Termination

AVG Technologies, in addition to such other rights may be available at law or equity, shall be entitled to terminate this Agreement at any time without notice if you commit a material breach of this Agreement.

c. Effect of Termination

On the expiration or termination of this Agreement, you will cease using the Software, AVG Technologies may cease making Updates available to you, and the Software may cease functioning. Sections 1.b, 3, 4, 5 and 6 will survive the expiration or termination of this Agreement.

 

3. Ownership

 

AVG Technologies reserves all rights in the Software not expressly granted by this Agreement. All copyrights, trademarks and other conceivable intellectual property rights in and to the Software (including, but not limited to, malware signatures and other data files, images appearing in the Software and screen displays as well as any and all documentation relating to the Software) are owned by AVG Technologies or its licensors, and are protected by United States and foreign copyright laws, international treaties and other applicable laws. Any copy of the Software you are allowed to make pursuant to this Agreement must contain the entire copyright and other notices included with the original copy of the Software.

 

4. Warranties

 

a. General

AVG Technologies warrants, that on delivery of the Software and for a period of thirty (30) days thereafter, that the medium (if any) on which the Software is delivered will be free of material defects, and that the Software will perform substantially in accordance with the applicable specifications. The foregoing warranty applies only to the Software as originally delivered, and does not apply to Updates. Your sole and exclusive remedy for breach of this Warranty is replacement of the defective media or Software or, at AVG Technologies’ option, return of the Software for a full refund. In order to exercise your rights under this Section 4, you must deinstall and destroy all copies of the Software you may have made (including all archival copies), and (i) if you purchased the Software by download, follow the instructions on the confirmation email you received in connection with the purchase, or (ii) for all other purchases, return the Software in its original package, along with your receipt, to the point of purchase.

b. Beta Versions

Notwithstanding the provisions of Section 4.a, THE PROVISIONS OF THIS SECTION 4.b APPLY IN PLACE OF SECTION 4.a IF (AND ONLY IF) THE SOFTWARE IS A “BETA TEST” VERSION. In view of the evaluation nature of Software, Software is provided on an “as is”, “as available” basis, without warranty and without support or other services by AVG Technologies. YOU AGREE TO USE THE AVG BETA SOFTWARE STRICTLY FOR THE PURPOSES OF EVALUATION AND TESTING, AND THAT YOUR RELIANCE ON THE AVAILABILITY OR ACCURACY OF THE AVG BETA SOFTWARE SHALL BE ENTIRELY AT YOUR OWN RISK.

c. Disclaimer

EXCEPT AS EXPRESSLY PROVIDED BY SECTION 4.a OF THIS AGREEMENT, AVG TECHNOLOGIES DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, MEDIA AND ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTY OF NONINFRINGEMENT. AVG TECHNOLOGIES DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SOFTWARE WILL PROVIDE 100% PROTECTION. Some jurisdictions do not allow limitations on an implied warranty, so the above limitations may not apply to you. You may have other rights that vary from jurisdiction to jurisdiction.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AVG TECHNOLOGIES OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES INCURRED FOR LOSS OF BUSINESS PROFITS OR REVENUE, LOSS OF PRIVACY, LOSS OF USE OF ANY COMPUTER OR SOFTWARE INCLUDING THE SOFTWARE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE SOFTWARE PROVIDED HEREUNDER, EVEN IF AVG TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVG TECHNOLOGIES’ LIABILITY RELATED TO THE SOFTWARE EXCEED THE LESSER OF THE FEES YOU ACTUALLY PAID FOR THE SOFTWARE AND AVG TECHNOLOGIES’ SUGGESTED RETAIL PRICE FOR THE SOFTWARE AS OF THE DATE YOU RECEIVED IT. THE FOREGOING LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

6. Miscellaneous

 

a. Notice

AVG Technologies may deliver any notice to you via pop-up window, dialog box or other means, even though you may not receive the notice unless and until you launch the Software. Any such notice will be deemed delivered on the date AVG Technologies first makes it available through the Software, irrespective of when you actually receive it.

b. Privacy

(i) You acknowledge that AVG Technologies collects certain information regarding the users of the Software, including certain personally identifiable information. You hereby consent to AVG Technologies’ collection and use of such information, and agree that AVG Technologies’ collection and use of such information will be governed by AVG Technologies’ Privacy Policy, currently published at www.avg.com as AVG Technologies may revise the same from time to time.

(ii) BY PROCEEDING TO INSTALL THE TOOLBAR, YOU ACKNOWLEDGE AND ACCEPT THAT, UPON ITS INSTALLATION, THE TOOLBAR WILL MODIFY VIA THE SETTINGS OF YOUR BROWSER THE “DNS ERROR PAGE” AND “ERROR 404 PAGE”. FURTHERMORE, ONCE INSTALLED, THE TOOLBAR MAY COMMUNICATE CERTAIN BASIC USAGE INFORMATION TO VISICOM MEDIA INC. VIA (“APPLICATIONSTAT.COM”) TO HELP VISICOM COMPILE GLOBAL STATISTICS CONCERNING USAGE OF THE TOOLBAR BY USERS (for example concerning the number of installations and unique users, the number of clicks which the Toolbar receives, the number of searches performed by users, etc.). Such statistical information will not include any personally identifiable information regarding users.

c. U.S. Government License

Any Software provided to the U.S. Government is provided with the commercial license rights and restrictions described elsewhere herein. AVG Technologies reserves all unpublished rights under the United States copyright laws.

d. Complete Agreement

This Agreement constitutes the complete Agreement between the parties and supersedes all previous communications and representations or agreements, either oral or written, with respect to the subject matter hereof.

e. Amendments; Waiver

This Agreement may be modified or changed in whole or in part in any manner other than by an Agreement in writing duly signed by both parties hereto or by a further electronic agreement presented by AVG Technologies and accepted by you. AVG Technologies’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

f. Severability

The parties desire and intend that all of the provisions of this Agreement be enforceable to the fullest extent permitted by law. If any provision of this Agreement or the application thereof to any person or circumstances is, to any extent, construed to be illegal, invalid or unenforceable, in whole or in part, then such provision will be construed in a manner to permit its enforceability under applicable law to the fullest extent permitted by law. In any case, the remaining terms of this Agreement or the application thereof to any person or circumstance, other than those that have been held illegal, invalid or unenforceable, will remain in full force and effect.

g. Governing Law

This Agreement will be governed by the laws of the State of Delaware. The exclusive jurisdiction for any dispute will be state or federal courts sitting in the State of Delaware.

h. Export Controls

You acknowledge that portions of the Software may be of U.S. origin. You agree to comply with all applicable U.S. and international laws governing export and reexport of the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.

i. Language

This Agreement was originally prepared in the English language. Although AVG Technologies may provide one or more translations for your convenience, the English version will control in the case of any conflict or discrepancy.


 

NetBSD Copyright

MailSite tools include UNIX password, and DES, encryption developed by Berkeley. The following copyright notice applies:

 

Copyright (c) 1989, 1993

The Regents of the University of California.  All rights reserved.

 

This code is derived from software contributed to Berkeley by

Tom Truscott.

 

Redistribution and use in source and binary forms, with or without

modification, are permitted provided that the following conditions

are met:

1. Redistributions of source code must retain the above copyright

  notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright

  notice, this list of conditions and the following disclaimer in the

  documentation and/or other materials provided with the distribution.

3. Neither the name of the University nor the names of its contributors

  may be used to endorse or promote products derived from this software

  without specific prior written permission.

 

THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ``AS IS'' AND

ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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