|
END-USER LICENSE AGREEMENT FOR MASS MAILING NEWS |
  
|
END-USER LICENSE AGREEMENT FOR MASS MAILING NEWS
|
END-USER LICENSE AGREEMENT FOR MASS MAILING NEWS |
|
Copyright (Registration No. 1040501)
END-USER LICENSE AGREEMENT FOR "Mass Mailing News" aka "Mass Mailing News Free, Personal, Standard, Professional or Enterprise Editions"
IMPORTANT - READ CAREFULLY please read the following license agreement. You must agree to its terms before using this software.
This end-user license agreement is a legal agreement between you either as an individual or a single entity ("LICENSEE") and Management-Ware Solutions Inc. for Mass Mailing News, 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 license, promptly destroy all copies of the SOFTWARE, including any updates, in your possession or return them to Management-Ware Solutions.
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.
1. GRANT OF LICENSE. Management-Ware Solutions grants to you the LICENSEE a nonexclusive license to make and use copies of the SOFTWARE in the manner provided below. If a single user license was bought, the LICENSEE has the option of installing the SOFTWARE on a single machine possibly used by one or more persons, or installing the SOFTWARE on several machines used exclusively by a single person. Any combination of these options, or installing the SOFTWARE on a network server, is not permitted.
If a multi-user license was bought, the LICENSEE may choose to install the SOFTWARE on as many machines as licenses were bought, but no more, or the LICENSEE may choose to install the SOFTWARE on one or more network servers on the condition that the number of client machines that have access to that server or those servers, is equal to or less than the number of licenses bought. When the number of client machines grows, the LICENSEE must buy additional licenses.
Management-Ware Solutions may have patents or pending patent applications, trademarks, copyrights, or other intellectual property rights covering the SOFTWARE. You are not granted any license to these patents, trademarks, copyrights, or other intellectual property rights except as expressly provided herein. Management-Ware Solutions reserves all rights not expressly granted.
Management-Ware Solutions reserves the right to terminate this license at any time, at which time you must destroy all copies of the SOFTWARE you have previously installed.
2. COPYRIGHT AND TRADEMARK.
(a) All title and copyrights in and to the SOFTWARE (including, but not limited to, any images, photographs, animation, video, audio, music, text, source code and "applets," incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by Management-Ware Solutions and its suppliers. COPYRIGHT © 2006 Management-Ware Solutions. ALL RIGHTS RESERVED.
(b) Except as stated herein, none of the copyrighted materials may be copied, reproduced, distributed, republished, transferred, sold, used to create derivative works, performed, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of Management-Ware Solutions Inc. or the respective copyright owner. Software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright.
(c)The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may either (i) make one copy of the SOFTWARE solely for backup or archival purposes, or (ii) install the SOFTWARE on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE.
(d) Management-Ware Solutions, Mass Mailing News, the Management-Ware Solutions logo, the Mass Mailing News logo, graphics, and icons in the software are trademarks, service marks, trade dress, and/or registered trademarks of Management-Ware Solutions Inc. and may not be copied, imitated or used, in whole or in part, without the prior written permission of Management-Ware Solutions Inc.
3. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit the SOFTWARE PRODUCT or related documentation and technical data (or any part thereof), or process, or service that is the direct product of the SOFTWARE PRODUCT to any country to which such export or transmission is restricted by any applicable Canada Regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the Canada Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
4. DISCLAIMER OF WARRANTY
NO WARRANTIES. The SOFTWARE PRODUCT is provided "as is" without warranty of any kind. To the maximum extent permitted by applicable law, Management-Ware Solutions Inc. and its suppliers disclaim all warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty against infringement, with regard to the SOFTWARE. This limited warranty gives you specific legal rights. You may have others that vary from province/jurisdiction to province /jurisdiction.
5. CUSTOMER REMEDIES. Management-Ware Solutions's entire liability and your exclusive remedy shall not exceed the price paid for the SOFTWARE.
6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Management-Ware Solutions Inc. or its suppliers be liable for any 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 this Management-Ware Solutions product, even if Management-Ware Solutions Inc. has been advised of the possibility of such damages. Because some province/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
7. DO NOT SEND UNSOLICITED 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; or
2. 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
8. PARTICULAR CONDITIONS "TRACKING SERVICE AND OTHER SERVICES".
Nature
The " Email tracking service " is a set of statistics which results from the sending of electronic messages, within the framework of a communication of type "email".
The " Email tracking service " is sold under the shape of unique subscription (service at your choice) via various levels and not under the shape of renewable, payable subscriptions to the subscription.
Prerequisites
The statistics supplied by the " Email tracking service " of Management-Ware Solutions result from the use of the software " Mass Mailing News v2.0 ", both in the conception and in the sending of emails. The user who has a bulk email software of a third party can also use the email tracking service of Management-Ware Solutions, via an online account.
Subscription
To sign up to the " Email tracking service " of Management-Ware Solutions, the customer must fill up a form of registration, by which he makes a commitment to supply exact and complete information and to update them as soon as possible in case of modification.
During his subscription, the customer is automatically register to the enterprise mailing lists. The customer can, if he wishes it, unsubscribe on the site of Management-Ware Solutions.
Opening of the account
Once the account is opened, the customer can start using the service right away.
Duration
The service "Email tracking” comes into effect in the date of opening of customer account, this for indefinite duration. However, if here is no activities and/ or money in the account of the user during five ( 5 ) months or more, Management-Ware Solutions reserves the right to cancel the account. The account can be suspended or canceled according to the other conditions also.
The statistical data of an email campaign are kept during 30 days, from the dispatch date of the aforementioned email. Crossed this period, the restoration of the statistical data is not any more guaranteed by the company Management-Ware Solutions.
Limits
Management-Ware Solutions can interrupt the access to the statistics, in particular for reasons of maintenance and upgrade, or for quite other reasons, in particular technical.
Management-Ware Solutions can not be considered responsible for these interruptions and for consequences which can ensue from it for the subscriber.
Management-Ware Solutions cannot be considered in no way as person in charge of the audience of the site, nor of the efficiency of the campaign. Management-Ware Solutions has no obligation of result.
It is reminded that Management-Ware Solutions can end or modify the characteristics of its services at any time, and it without advance notice.
This license shall be construed and interpreted in accordance with Canada Law. The Courts of Canada shall have exclusive jurisdiction in relation to any claim, dispute or other matter arising there from.
Should you have any questions concerning this Agreement, please contact Management-Ware Solutions via <http://www.management-ware.com>
Management-Ware Solutions
Online & desktop Marketing Software
230 Henri-Bourassa East, Suite 205
Montreal (Quebec), H3L 1B8
Canada
Telephone: 1+ 514- 381-7722
Toll free: 1 866 681- 7722 (USA & Canada)
Fax:1+ 514- 381-7725