EPractize Labs Email Marketing Software - License Agreement
GRANT OF SINGLE-USER LICENSE. YOU ARE THE ONLY PERSON ENTITLED TO USE THIS SOFTWARE. This is a license agreement between you (an individual) and EPractize Labs Software Private Limited whereby EPractize Labs grants you the non-exclusive and non-transferable license and right to use this software product, updates (if any), and accompanying documentation (collectively the "Software"). ONLY YOU (AND NO ONE ELSE) IS ENTITLED TO INSTALL, OR USE THE SOFTWARE. EPractize Labs continues to own the Software, and the Software is protected by copyright and other international intellectual property laws. All rights, title, interest, and all copyrights in and to the Software and any copy made by you remain with EPractize Labs. Unauthorized copying of the Software, or failure to comply with this Agreement will result in automatic termination of this license, and will entitle EPractize Labs to pursue other legal remedies.
IMPORTANT, under the terms of this Agreement:
YOU MAY: install and use the Software on only two computers.
YOU MAY NOT: (a) use the Software on more than two computers or workstations; (b) modify, translate, reverse engineer, decompile, decode, decrypt, disassemble, adapt, create a derivative work of, or in any way copy the Software; (c) sell, rent, lease, sublicense, or otherwise transfer or distribute the Software to any other person or entity without the prior written consent of EPractize Labs (and any attempt to do so shall be void); (d) allow any other person or entity to use the Software or install the Software on a network of any sort (these require a separate license from EPractize Labs); or (e) remove or cover any proprietary notices, labels, or marks on the Software. (f) use our email software utilities for spamming. It is your responsibility to refer to spam laws and ensure compliance. (g) use the SMPT server details other than yours for sending your campaigns (h) extract email ids from sites other than yours, your forums and/or your authorized sites.
TERM: The term of the license granted above shall commence upon your installation of the Software. Such license will expire SIX (6) MONTHS after commencement of the license term.
WARRANTY, LIMITATION OF REMEDIES AND LIABILITY: If applicable, EPractize Labs warrants the media on which the Software is recorded to be free from defects in materials and free from faulty workmanship for a period of thirty (30) days after the date you receive the Software. If, during this 30-day period, the Software media is found to be defective or faulty in workmanship, the media may be replaced without charge. YOUR SOLE REMEDY UNDER THIS AGREEMENT SHALL BE THE REPLACEMENT OF DEFECTIVE MEDIA AS SET FORTH ABOVE. EXCEPT AS EXPRESSLY PROVIDED FOR MEDIA ABOVE, EPractize Labs MAKES NO OTHER OR FURTHER WARRANTIES REGARDING THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING THE QUALITY OF THE SOFTWARE, ITS PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE IS LICENSED TO YOU ON AN "AS-IS" BASIS. THE ENTIRE RISK AS TO THE SOFTWARE'S QUALITY AND PERFORMANCE REMAINS SOLELY WITH YOU. EPractize Labs' EXCLUSIVE AND MAXIMUM LIABILITY FOR ANY CLAIM BY YOU OR ANYONE CLAIMING THROUGH OR ON BEHALF OF YOU ARISING OUT OF YOUR ORDER, USE, OR INSTALLATION OF THE SOFTWARE SHALL NOT UNDER ANY CIRCUMSTANCE EXCEED THE ACTUAL AMOUNT PAID BY YOU TO EPractize Lab FOR THE SOFTWARE, AND IN NO EVENT SHALL EPractize Labs BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY INDIRECT, INCIDENTAL, COLLATERAL, EXEMPLARY, CONSEQUENTIAL, OR SPECIAL DAMAGES OR LOSSES ARISING OUT OF YOUR ORDER, USE, OR INSTALLATION OF THE SOFTWARE OR MEDIA DELIVERED TO YOU OR OUT OF THE WARRANTY, INCLUDING WITHOUT LIMITATION, LOSS OF USE, PROFITS, GOODWILL, OR SAVINGS, OR LOSS OF DATA, FILES, OR PROGRAMS STORED BY THE USER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
PLEASE READ CAREFULLY. THE FOLLOWING LIMITS SOME OF YOUR RIGHTS, INCLUDING THE RIGHT TO BRING A LAWSUIT IN COURT. By accepting this Agreement, you and EPractize Labs agree that all claims or disputes will be submitted to binding arbitration if demanded by either party. The arbitration will be handled by the courts of Chennai , INDIA and governed by its rules. This Agreement requiring arbitration (if demanded) is still fully binding even if a class action is filed in which you would be a class representative or member. You and EPractize Labs agree that the arbitration of any dispute or claim between us will be conducted apart from all other claims or disputes of other parties and that there will be no class or consolidated arbitration of any claims or disputes covered by this Agreement. You and EPractize Labs also agree that this Agreement does not affect the applicability of any statute of limitations.
GENERAL: This agreement, including the Limited Warranty, the limited liability and the disclaimer of liability contained therein shall be governed by Indian Laws. All disputes are subject to exclusive jurisdiction of Courts in Chennai, India . You are responsible for installation, management and operation of the product.
Copyright © 2006 by EPractize Labs Software Private Limited. All rights reserved.