@MAIL
LICENSE AGREEMENT
@Ware, Inc. (“@Ware”) is providing you (“Recipient”) with a copy of @Mail, and related documentation and information (collectively the “Product”). @Ware may, in its sole discretion, also provide further releases of the Product or related information to Recipient hereunder, in which case such further releases and related information shall also be covered hereunder as “Product”.
1.
GRANT
OF LICENSE. @Ware grants Recipient a
limited, non-exclusive, non-transferable, royalty-free license to use one copy
each of the Product software on a single CPU.
Recipient acknowledges that @Ware will not be obligated to make the
Product available in the future, including any accompanying printed materials. Recipient shall not reverse engineer,
decompile or disassemble the Product except to the extent that this restriction
is expressly prohibited by applicable law.
@Ware and its suppliers shall retain title and all ownership rights to
the Product.
2.
TERM
OF AGREEMENT. The term of this
agreement shall commence upon the receipt of the Product by the Recipient and
shall continue until terminated by @Ware in writing at any time, with or
without cause. Section 4 shall survive
termination or expiration of this Agreement with respect to any information
that has not been made public by @Ware as of the commercial release of the
Product.
3.
PRODUCT
MAINTENANCE. @Ware is not obligated to
provide maintenance or updates to Recipient for the Product. However, any maintenance or updates provided
by @Ware shall be covered by this Agreement.
4.
DISCLAIMER
OF WARRANTY. Product is deemed accepted
by Recipient. The PRODUCT is provided “AS IS” WITHOUT
WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, @WARE
FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT. THE ENTIRE RISK
ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS
WITH RECIPIENT. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL @WARE OR ITS SUPPLIERS BE LIABLE
FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR
OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATTION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER
PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE
THE PRODUCT, EVEN IF @WARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
RECIPIENT.
5. GOVERNING LAW; ATTORNEYS FEES. This agreement shall be governed by the laws of the State of North Carolina and Recipient further consents to jurisdiction by the state and federal courts sitting in the State of North Carolina. If either @Ware or Recipient employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys fees.
6.
ENTIRE
AGREEMENT. This Agreement constitutes
the complete and exclusive agreement between @Ware and Recipient with respect
to the subject matter hereof, and supersedes all prior oral or written
understandings, communications or agreements not specifically incorporated
herein. This Agreement may not be
modified except in writing duly signed by an authorized representative of @Ware
and Recipient.
IN
WITNESS WHEREOF, Recipient has caused the Agreement to be executed by its duly
authorized representative.