E-Marketing 1.4

EULA - End User License Agreement

The E-Marketers Software
End User License Agreement (EULA)

E-Marketing 1.4
Copyright(c) 2004-2006 The E-Marketers

End User License Agreement for this software
NOTICE TO USER: THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.

END USER LICENSE AGREEMENT FOR The E-Marketers SOFTWARE

PLEASE REVIEW THIS IMPORTANT INFORMATION CAREFULLY BEFORE USING OR DISTRIBUTING The E-Marketers SOFTWARE: Ensure you read and fully comprehend all of the rights and restrictions described in this The E-Marketers License Agreement. You will be prompted to read and either agree or reject the terms of the End User License Agreement (EULA). Our software will not install on your system until you agree to the terms of this EULA.

When prompted to click "yes" or "no" to this agreement, clicking "yes" is your signature that you agree and accept the terms of this agreement. To find a copy of this agreement, click on the "help" button in the software, refer to product website, www.omega-informatix.com or contact us via email at info@omega-informatix.com, or by writing to us.

This agreement is legally binding between you (an individual, corporation, group or a single entity) and The E-Marketers in regards to the software accompanying this agreement, which includes the associated computer software, and may include related media, printed items and any "online" or electronic documents. ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD NOT USE OR DISTRIBUTE THIS PRODUCT. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PRODUCT BETWEEN YOU AND The E-Marketers
1. Issuance of License

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This software is not sold to you, rather you are granted a license to use it on the following basis:

a) Evaluation Period: You are permitted to use the software for evaluation purposes fifteen (15) days. If you purchase a license to the software during that time your license will continue under the terms of this EULA for a one year period. If you do not buy the software license before the fifteen days has expired, the software will no longer function and you agree to uninstall the software and fully remove it and all its components from your computer.

USE OF THE PRODUCT. While you are evaluating the Product, you may use it on as many computers as are required to perform your evaluation. Your 15-day evaluation period begins when you first install the Product on one or more computers for evaluation purposes. You must not (a) defeat, or try to defeat, messages in the product which encourage users to register; (b) modify or prepare derivative works of the Product; (c) or reverse engineer, decompile or disassemble the Product.
- Buy Annual license. During that twelve month period you are entitled to free upgrades of the product also support. After that year expires you are required to buy a new license. If you not to purchase a new license you are required to terminate the use of the software and remove it from your computer.
- You can "run" and execute one copy of the software on a single computer for your own interaction and use.
- All rights not expressly granted are reserved by The E-Marketers.
2. Restrictions of License:

- Each software product has a copyright notice attached to it, you must keep that intact and present
- You may not copy, reproduce or replicate the software in any way.
- You may not decompile, disassemble or reverse engineer the software in any way, shape or form.
- The software may not be loaned, lent, leased or rented.
- The E-Marketers will grant you a one-time, permanent transfer of the software license to another party so long as you don’t keep any copies, you transfer all of the software and any constituent parts, any media and printed documentation, upgrades, this EULA and any other pertinent documents (electronic or printed). You may not receive any compensation or payment for the transfer and the recipient agrees to the terms and conditions of the EULA.
- To the discretion of The E-Marketers, we may provide you with support services for the software. Our support services are governed by our "Policies and Procedures" as outlined at our. If we provide you with any update during our support, it is to be considered part of the software and subject to the terms of this EULA. Any information you supply to us during a support session becomes the intellectual property of The E-Marketers for us to use as we see fit, but your personally identifying information will not be used.
- Other than yourself, your agents or employees, you shall not allow anyone else access to or use of the software. Any such use is subject to the terms of this EULA.
3. License Keys

You accept that the software contains a license key that allows the software to operate during the evaluation period and disables the software when the evaluation periods ends. If you purchase a license before the period expires, The E-Marketers will provide you with a new license key that will permit the software to function for one year, give you access to free upgrades to the software during that year and also provide you with certain levels of technical support. Subsequently each year you will be reminded when your renewal date is approaching, and if you choose to renew your license subscription a new key will be provided to you for another twelve months. You agree that you will not seek out or accept solicitations to obtain or purchase license keys or any related computer code for the software from any other sources other than The E-Marketers. Additionally, you agree not to use any software to create any license key or related computer code for the software.
4. Software Modification, Replacement and Upgrade

The E-Marketers reserves the right to, at anytime, modify, replace and/or upgrade the software and will at that time provide you with a modified or replacement copy of the software. If any replacement software is provided it is subject to this EULA or a superceded EULA. Any prior versions of the software are to be terminated.
5. License Fees

You understand and agree that you are accountable to buy a license fee to The E-Marketers to use the software past the evaluation period. You will pay us or a retailer the specified amount, and applicable taxes, for a yearly license subscription.
6. Copyright

All title and copyrights in and to the software (including animations, music, images, text, and any other media, code, or components of or associated with the software), any associated print or electronic documentation, and copies of any of these are owned by The E-Marketers. All title and intellectual property rights in and to the content which may be accessed through use of the software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. You are not granted any rights to use such content. You may print out one copy of the documentation for this software for your sole use and reference, but you may not reproduce or make additional copies.
7. Termination

If it is determined that you have failed to adhere to the terms and conditions of this EULA, The E-Marketers may terminate this EULA without prejudice to any other rights. During the course of your subscription, The E-Marketers may have modifications to the EULA and inform you of the updated EULA, if so, the older EULA will be terminated and substituted for the updated one. If a situation arises where The E-Marketers informs you that the EULA is terminated, you must cease all use of the software, remove all copies and components of the software from your computer and destroy them.
8. U.S. Government Restricted Rights

All software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
9. Export Restrictions

You agree that you will in no way, shape or form export or re-export this software or any component of it or any process or service associated with the software to any person, party, entity or country.
10. Disclaimer of Warranties

THE E-MARKETERS AND ITS SUPPLIERS DISPENSE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.
11. Exclusion of all Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE E-MARKETERS OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE E-MARKETERS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12. Intended Usage

YOU CANNOT SEND UNSOLLICITED E-MAILS WITH THIS SOFTWARE NOR CAN YOU SELL E-MAIL LISTS OR ENGAGE IN ANY TYPE OF PROHIBITED ACTIVITIES.

13. Governing Law

If you acquired the software in the United States of America, the laws of the State of Washington, U.S.A will apply to this contract. If you acquired this SOFTWARE outside of the United States of America, then local law may apply.