» version 2.0 - posted on 2008-07-15
now full freeware
EULA - End User License Agreement
SAFESTMAIL® SOFTWARE - End User License Agreement
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (THE USER) AND SAFESTMAIL. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE BY SELECTING "DON'T ACCEPT/DON'T AGREE".
THIS "EULA" ONLY APPLIES TO THE SOFTWARE SUPPLIED BY SAFESTMAIL HEREWITH, EVEN IF ANY OTHER SOFTWARE BE MENTIONED OR DESCRIBED HEREAFTER.
(a) "Educational Version" indicates a version that's due to be used only by students and masters of educational institutions.
(b) "Not For Resale Version (NFR)" indicates a version that shall be used only for revision and evaluation purposes.
(c) "SAFESTMAIL" means SAFESTMAIL DEVELOPER COMPANY. and its licensors, if any.
(d) "Software" means only the SAFESTMAIL software program(s) and corresponding documentation, associated media, printed materials, and online or electronic documentation, and all updates or upgrades of the above that are provided to you.
(e) "Test Version" indicates a version only for revision, demonstration and evaluation purposes for a pre-determined period of time. The test version may present limited features. Besides, this version will stop working after a pre-established period of time due to a internal mechanism.
(f) "Freeware Version" indicates a temporary free version and may present limited features.
2. License Grants
(a) You may install and use the Software on a single desktop computer; OR you may install and save the Software in a storage device, as a network server, used only to install the Software in other network computers, provided you have an individual license for each computer in which the Software will be installed and used. A license for the Software may not be shared, installed or used concurrently on different computers.
(b) In case the Software be distributed together with other SAFESTMAIL products as part of a set, will be licensed as one single product and none of its items, including the Software, could be separated for installation or use in more than one computer.
(c) You may copy the Software in a readable format only for backup purposes. In such copy you may reproduce all mentions on copyright and intellectual property rights and any other property subtitle of the original version of the Software.
(d) The educational versions can not be used nor distributed by third parties for any commercial purpose.
(e) You agree that SAFESTMAIL may audit your use of the Software for compliance with these terms at any time, upon reasonable notice.
(f) Your license rights under this EULA are non-exclusive.
3. License Restrictions
(a) In conditions other than estipulated on Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
(b) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
(c) Unless herewith indicated otherwise, you may not sell, rent, lease, or sublicense the Software.
(d) Except for the test Version or for a Not For Resale Version of the Software, it is only possible to permanently transfer all your rights on this "EULA" as part of a sale or transfer, provided you do not maintain any copy, you transfer all the Software (including all its components, the media and printed materials, any upgrade, this "EULA" and the serial numbers) and if the addressee agrees with the terms of this "EULA". If the Software is an upgrade, any transfer shall include all its previous versions, based on which the upgrade is being realized. You may not maintain any copy of the Software. You may not sell or transfer any Software purchased with volume discount. You may not sell or transfer any Test Version or Not For Resale Version of the Software.
(e) You may not modify the Software or create derivative works based upon the Software.
(f) Unless otherwise specified, you may not (A) change the contents of the computer hard disk or system to allow the use of the Test Version of the Software for an additional period that exceeds the test period of a license for this Version and (B) use the Test Version of the Software for another purpose other than exclusively determine the acquisition of a license for a commercial or educational Version of the Software; note that, meanwhile and not obstante the precedent, your are strictely forbidden to install or use the Test Version of the Software for any purpose of commercial training not focusing on a future acquisition.
(g) You may only use the Not For Resale Version of the Software for revision and evaluation.
(h) You may receive the Software by means of different ways, but should install or use only one. No matter the number of received media, you may only use the appropriate media for the server or computer in which the Software will be installed.
(i) In the event that you fail to comply with this "EULA", SAFESTMAIL may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this "EULA" surviving any such termination).
If this copy of the Software is an upgrade of a previous version, it will be supplied base on a license exchange. By intalling and using this copy of the Software, you voluntarily agree in cancelling the previous "EULA". Besides, you may not continue using the previous version of the Software nor will transfer it to another person or entity, unless this transference be in accordance with Section 3.
You have 1 (one) year of free upgrades as of the acquisition of the Software. In case of license for another period the upgrade is valid for the same period.
5. Previous License
By having a previous license of this same Software and with the installation and use of this copy of it, you agree in voluntarily cancelling the "EULA" related to the previous license and not continue to install or use this license nor transfer it to another person or entity.
SAFESTMAIL and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software (as an independent and fundamental work that serves as base for any application developed by you) and all copies thereof. All rights not specifically granted in this "EULA", including Federal and International Copyrights, are reserved by SAFESTMAIL and its suppliers.
7. Limited Warranty and Warranty Disclaimer
(a) SAFESTMAIL PROVIDES NO REMEDIES OR WARRANTY, EXPRESS OR IMPLIED, FOR THE VERSIONS OF THE SOFTWARE. THESE VERSIONS ARE SUPPLIED ON AN "AS-IS" BASIS.
(b) SAFESTMAIL AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SAFESTMAIL DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
(c) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SAFESTMAIL, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
8. Limitation of Liability
(a) NEITHER SAFESTMAIL NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF SAFESTMAIL 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.
9. Technical Support
SAFESTMAIL will supply technical support through the site www.safestmail.com.br and/or through the e-mail address firstname.lastname@example.org.
10. General Information
This "EULA" contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of SAFESTMAIL to exercise any of its rights under this EULA or upon any breach of this "EULA" shall not be deemed a waiver of those rights or of the breach.
No SAFESTMAIL dealer, agent or employee is authorized to make any amendment to this "EULA".
SAFESTMAIL and other trademarks contained in the Software are trademarks or registered trademarks of SAFESTMAIL. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This "EULA" does not authorize you to use SafestMail's or its licensors' names or any of their respective trademarks.