Aid4Mail 6 End User License Agreement

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.

1. Definitions

“Activation Code”

A unique string of characters (for example ‘cb-497313892-1-250318y-inv’) that is entered into a license activation screen.

“APIs”

Application Programming Interfaces provided by third-party services, including but not limited to Microsoft Graph API, Google API, IMAP protocols, and Extended MAPI.

“CLI”

A command line interface format.

“Extended MAPI”

The Messaging Application Programming Interface provided by Microsoft for accessing Microsoft Exchange Server and Outlook data files, including PST and MSG files.

“GUI”

A graphical user interface format.

“Hardware”

A personal or shared computer (desktop or laptop), or a server, or a USB flash drive.

“Individual End User”

One natural person, not an Organization.

“Key File”

A file created by Fookes Software for a Licensee that contains information used to unlock Software features when predefined conditions are met.

“Mail”

Email messages, email files, mailbox files, email folders, email profiles, email stores, and/or email databases.

“Mail Account”

Mail stored from one or more related email addresses that are assigned to one Individual End User for receiving, sending, and/or archiving email messages.

“Organization”

Any for-profit or non-profit sole proprietorship, unincorporated association, joint venture, partnership, trust, limited liability company, corporation, or other legal entity, or government.

“Regular Mode”

Software operating with a valid Activation Code or Key File that deactivates Trial Mode.

“Seat”

One operating system user login account on one terminal or personal computer with the ability to run the Software in Regular Mode.

“Software”

The relevant version of Aid4Mail in executable form (GUI and CLI format) and documentation, including operation in Trial Mode or Regular Mode.

“Subscription Period”

A period of time beginning on the date of license purchase or the date the Activation Code or Key File is sent to you, whichever is earlier, and ending upon subscription cancellation.

“Trial Mode”

Software operating without a valid Activation Code or Key File, and for which you are obtaining a no-charge evaluation license.

2. Software License Grants

2.1. Trial Mode License

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.

2.2. Regular Mode License

Regular Mode becomes effective when you activate or re-activate a license using a valid Activation Code or Key File for Aid4Mail version 5 or 6. An Aid4Mail 6 Activation Code or Key File is valid during the paid subscription period or when using the free Aid4Mail Converter Light license.

2.2.1. Activation Codes

If you purchase and/or use an Activation Code, you agree to comply with the license activation and verification. The activation technology may prevent your use of the Software if you do not follow the activation process. Activation, re-activation, and license verification all require an internet connection.

2.2.2. Key Files

A Key File is a special file that ties the Software to predetermined hardware for the duration of the Subscription Period. A Key File is provided on request for yearly subscriptions to enable Using the Software in an offline environment.

2.2.3. Monthly Subscription Commitment (Aid4Mail Enterprise only)

2.3. License Types

2.4. License Restrictions

The Software is licensed, not sold. This Agreement only gives you the rights according to the chosen license type. You may not:

1. Modify, adapt, translate, rent, lease or sublicense the Software except as explicitly permitted
2. Disable, block or circumvent any licensing or control features
3. Assign, loan, resell, transfer, or distribute the Software except as set forth in Section 8
4. Decompile, disassemble or reverse engineer the Software
5. Remove or modify any legal notices in the Software
6. Make unauthorized copies of the Software

3. Use of Third-Party Services and APIs

3.1. Integration with Third-Party Services

Aid4Mail utilizes Third-Party Services, including but not limited to Microsoft Graph API, Google API, AI APIs, IMAP protocols, and Extended MAPI, to provide functionalities such as email access, migration, and archiving.

3.2. User Consent and Compliance

By using Aid4Mail, you consent to the Software accessing and processing your data through these Third-Party Services. You agree to comply with all applicable terms and conditions set forth by these Third-Party Services.

3.3. Data Handling

Aid4Mail accesses your data solely for the purposes of providing the intended functionality. The Software does not store or share your data with Fookes Software or any third parties, except as explicitly stated in the Privacy Policy.

3.4. User Responsibilities

You are responsible for ensuring that your use of Aid4Mail complies with all applicable laws and Third-Party Service terms. Unauthorized access or misuse of Third-Party Services through Aid4Mail is strictly prohibited.

4. Data Protection and Privacy

Your use of Aid4Mail is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal data. By accepting this Agreement, you also agree to the terms specified in our Privacy Policy.

5. Customer Support / Software Maintenance / Feedback

Fookes Software provides customer support and software maintenance at no extra charge during the Subscription Period, exclusively in English. Support is provided only to Organization support Staff Members, not all Staff Members.

Support Materials

By submitting Support Materials (mail files, log files, screen images, etc.) to Fookes Software, you grant us the right to use these materials internally for providing Customer Support and improving our products and services. We agree to keep your Support Materials confidential, except as required by law.

Feedback

By submitting Feedback (bug reports, feature requests, suggestions) to Fookes Software, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use such Feedback in our products or services without compensation to you.

6. Refund Policy

7. Ownership

The Software is proprietary to Fookes Software and its suppliers, and is licensed, not sold, to you. The Software is protected under Swiss and U.S. copyright and other international laws. Fookes Software and its suppliers retain all copyrights and other intellectual property rights in the Software.

8. Distribution of the Trial Package

With authorization from Fookes Software, you may distribute the current Release Version of the Trial Package. You are authorized to:

• Make copies of the Trial Package
• Give exact copies to anyone
• Distribute via electronic means (Internet, CD-ROMs, DVDs, etc.)
• Charge a small distribution fee (clearly marked as such)

You may not make the Trial Package available on any site or medium containing viruses, malware, or other malicious code. Distribution permission is not transferable or assignable.

9. Updates and Upgrades

To use an update or upgrade, you must possess a valid license to the updateable version. Once you start using an Update, you lose your right to use the Previous Version and may not transfer it to another person or entity.

10. Compliance

You shall conduct your business in compliance with all applicable laws and regulations, including but not limited to the U.S. Foreign Corrupt Practices Act and all import and export laws.

11. U.S. Government Rights

12. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

You are solely responsible for selection, installation and launch of the Software and for backing up your data and files. Before you install the Software, securely save a backup copy of any other software and data. Before you use the Software, save a copy of the data you are using it on.

13. No Property Rights of Third Parties

Fookes Software represents that, to the best knowledge of Fookes Software, the Software does not infringe any intellectual property rights or other property rights of any third party.

14. Governing Law / Jurisdiction

This Agreement is governed by Swiss Law, subject to the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The parties consent to the exclusive jurisdiction of the competent Swiss courts of Bern, Switzerland.

15. Termination

Fookes Software may terminate this Agreement at any time upon default by you of the license provisions, or any other material default not cured within thirty (30) days after written notice. Except for Sections 2, 3 and 6, all provisions of this Agreement shall survive termination.

16. Severability Clause

If any provision of this Agreement is or becomes ineffective, 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.

17. Compliance with Anti-Bribery and Anti-Corruption Laws and Sanctions

17.1. Anti-Bribery/Corruption

Fookes Software operates in compliance with applicable Anti-corruption Laws and does not tolerate any form of bribery in any of its business dealings. Fookes Software will not engage in any form of bribery, collusive practice or corruption, and will not offer or give anything of value to any government official or employee to improperly obtain, retain, or direct business.

17.2. Sanctions

Fookes Software will not directly or indirectly deal with any Restricted Party or Sanctioned Country.

18. General

You shall not assign, delegate, or sublicense any of your rights or obligations under this Agreement without prior written consent of Fookes Software. Fookes Software may change the terms, conditions and pricing relating to future licensing of its Software from time to time.

This Agreement is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements concerning the Software.