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This End User License Agreement (this "Agreement"), governs the terms and conditions of the Licensee's access and use of Aid4Mail software ("Aid4Mail"), and is made between the Licensee ("you") and Fookes Software Ltd, La Petite Fin 27, 1637 Charmey, Switzerland ("Fookes Software"). However, if you are using an Evaluation License 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 Aid4Mail, 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 Aid4Mail.
In case you have another written agreement directly with Fookes Software, such written agreement prevails in the event of any conflict with the terms and conditions of this Agreement.
"Software" means the version of Aid4Mail in executable form and documentation, including the console version that is supplied with certain license types, and including operation in trial mode, to which you are obtaining a no-charge evaluation license or purchasing another type of license.
"Trial Mode" means Aid4Mail Professional operating without a retail activation code and/or feature-unlocking file, and/or Aid4Mail Console Trial operating during a limited time period.
"Trial Package" means the Aid4Mail Professional setup file without any retail activation code and/or feature-unlocking file. The Trial Package is available for download from the public part of the Aid4Mail website.
"Use" means loading, installing, executing, displaying, performing and/or transmitting the Software for your internal business purposes, and not for distribution or resale.
"Organization" means an entity such as a company, institution, school, or any other organization.
"Staff Member" means an employee and/or individual contractor working for an Organization.
"Recipient" means the natural person (not an entity such as an Organization) to whom an email message is sent. If an email account is not assigned to a natural person, then the Organization's corresponding service or department constitutes the "Recipient"; for example, the Sales Department of an Organization would be the Recipient of the address <sales@ domain.com> if more than one Staff Member is responsible for replying to messages sent to the email account.
"Mail" means email messages, email files, mailbox files, mail folders, mail profiles, mail stores, and/or mail databases.
"Site" means an Organization's work location within a geographical area whose radius is 10 miles (16 km).
Subject to the terms and conditions of this Agreement, Fookes Software hereby grants you a non-sublicensable, nonexclusive, nontransferable license to Use the Software in Trial Mode without charge and for evaluation purposes only in a non-production test environment. You may make as many copies of the Software as is reasonably necessary for evaluating the Software. All copies must reproduce copyright notices. Files created by the Software in Trial Mode are for evaluation purposes only and must be destroyed once evaluation is complete.
Software in Trial Mode operates with limitations as described on the Aid4Mail website. By accepting this Agreement you also accept the limitations described on the Aid4Mail website.
The Standard, Professional, and Forensic versions of Aid4Mail require product activation using a unique code (except when operating in trial mode). If you purchase a license to one of these versions, you agree to comply with the license activation and verification procedure described in part in this section of the Agreement, and more fully on the Product Activation page of the Aid4Mail website. The activation technology may prevent your use of the Software if you do not follow the activation process described in the Software.
Each activation code is tied to one Windows user account on one computer. An activation code may be moved from an old computer to a new one that replaces it, as long as it is not reused again on the old computer. Conditions for transferring an activation code to another user depend on the type of license purchased.
Moving an activation code to another computer or user account requires license re-activation through an Internet connection (unless you have received or purchased an offline validation code). The license validation server allows a reasonable number of re-activations within a certain time period. If the activation code exceeds the re-activation quota, it enters into lockout mode which disables further re-activations until the lockout period expires.
Licenses for the Enterprise version of Aid4Mail are not controlled by activation codes and can be operated from computers that are not connected to the Internet.
The specific license type is specified on the receipt for the software license that you purchased from Fookes Software. Each of the following licenses is subject to your compliance with the terms and conditions of this Agreement, including payment.
Fookes Software hereby grants you the right to Use the Software with one activation code. The license is limited to one Windows user account on one computer and may only be used to process Mail belonging to one Recipient, or the members of one Recipient's family living in the same home as Recipient if it was purchased exclusively for personal use.
An activation code may be moved from one Windows user account to another as long as the Mail under both accounts belongs to the same Recipient (or family member when the license is purchased for personal use in a home environment). Once an activation code has been used to process one Recipient's Mail, it may not be used to process another Recipient's Mail or transferred to another person (except for a family member when the license is purchased for private use in a home environment).
Fookes Software hereby grants you the right to Use the Software with up to three activation codes for Windows user accounts on the same or different computers. The three computers or user accounts must either all be in the same private home, or in an Organization used by a single Staff Member (for example, an employee's office desktop, travel laptop, and home computer.) The three activation codes may only be used to process Mail belonging to one Recipient, or the members of one family living in the same home as Recipient if they were purchased exclusively for private use.
An activation code may be moved from one Windows user account to another as long as the Mail under both accounts belongs to the same Recipient (or family member when the license is purchased for private use in a home environment). Once an activation code has been used to process one Recipient's Mail, it may not be used to process another Recipient's Mail or transferred to another person (except for a family member when the license is purchased for private use in a home environment.)
Fookes Software hereby grants you the right to Use the Software with up to 10 activation codes, each subject to the terms of a Single-User License for One Computer. These 10 activation codes may be used only at a single Site on computers owned by or leased to your Organization.
Fookes Software hereby grants you the right to Use the Software with one activation code, solely for forensic examination or e-discovery during a litigation or criminal procedure. A single license may be used to process Mail belonging to any number of Recipients under investigation as long as Aid4Mail can be operated from the computer and Windows user account on which Aid4Mail is activated. You may not use this type of license to process Mail as a service for clients or other external sources unless you purchase a license for each of them (a Customer-Service License may be more appropriate in this case).
An activation code may be transferred within your Organization from one Staff Member user to another, as long as it is not reused again by the former user.
Fookes Software hereby grants you the right to Use the Software with one activation code, solely from a single computer to process Mail which belongs to Recipients to whom you provide bona fide services (students, clients, customers, organization members, etc.) ("Customers") or your Staff Members.
An activation code may be transferred within your Organization from one Staff Member user to another, as long as it is not reused again by the former user. You may not make available the Software to Customers or other users, whether directly by offering access to the Windows account from which it can be used, or indirectly through a network system.
Fookes Software hereby grants you a license to Use the Software on computers owned by or leased to your Organization at a single Site for up to a maximum of 2000 Staff Members per license, as well as on secondary computers used exclusively by such Staff Members for office work (e.g. travel laptop and home computer). It does not cover installation on computers which are owned by or leased to your Customers or other users.
This license is not transferable to another Organization, and does not allow you to use the Software as a service for Customers or other users that do not have their own license.
Fookes Software hereby grants you a license to:
(a) EITHER Use the Software on all computers owned by or leased to your Organization at a single Site for an unlimited number of Staff Members;
(b) OR to Use the Software on computers owned by or leased to your Organization at an unlimited number of Sites worldwide for up to a maximum of 2000 Staff Members whether at different times or concurrently.
This license also allows Use of the Software on secondary computers used exclusively by such Staff Members for office work (e.g. travel laptop and home computer). It does not permit Use on computers which are owned by or leased to your Customers or other users.
This license is not transferable to another Organization, and does not allow you to Use the Software as a service for Customers or other users that do not have their own license.
Fookes Software hereby grants you a license to Use the Software on computers owned by or leased to your Organization at a single Site for up to a maximum of 10 users per license, whether at different times or concurrently, solely for forensic examination or e-discovery during a litigation or criminal procedure. You may process Mail belonging to any number of Recipients under investigation, but you may not do so as a service for Customers or other users external to your Organization unless they have purchased a license. This license is not transferable to another Organization.
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 section 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 the use granted by the chosen license type (section 2) or for back-up purposes, except as set forth in sections 2.1 and 6.
It is your responsibility to make a back-up copy of the Software installation file and your registration details, including activation codes and passwords if any, off your computer and place these in a safe location that is not accessible to other users. If you manage activation codes for other users, it is your responsibility to keep track of which activation codes and passwords are assigned to which users.
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 six months prior to the release of 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.
The Software in trial mode 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.
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.
Provided that you are distributing the then-current Trial Package (without activation code and/or feature-unlocking file) you are hereby licensed to make as many copies of the Trial Package as you wish; give exact copies of the original Trial Package to anyone; and distribute the Trial Package 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 Package, but you must not represent in any way that you are selling or licensing the Software itself. All copies must reproduce copyright notices.
You may not make the Trial Package 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, spyware, malware or other malicious code or material.
Permission to distribute the Trial Package is not transferable, assignable, saleable, or franchisable, and any attempt to do so is void. Each entity wishing to distribute the Trial Package must independently satisfy the terms of the foregoing distribution license.
To Use an update or an upgrade of the Software or activation code ("Update"), you must possess a valid license to the updateable or upgradeable version of the Software or activation code you want to Update. You agree that once you start using an Update, you lose your right to Use the Software or activation code that was the basis of the Update ("Previous Version"). You also agree that you will not transfer a Previous Version to another person or entity, and that you may Use the Update only in accordance with the terms of this Agreement.
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.
The Software and the documentation which accompanies the Software are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§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 Ltd, La Petite Fin 27, 1637 Charmey, Switzerland.
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.
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.
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.
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.
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: 06 May 2008
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Fookes Software Ltd - quality products from Charmey, Switzerland
Last updated on May 06, 2008