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YOUR AGREEMENT TO THIS LICENSE
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By using, copying, transmitting, distributing or installing
ES-Insight ("ES-Insight"), you
agree to all of the terms of this agreement (“License”).
Please read the license terms below. If you do not agree to all of the terms of
this License, then do not use, copy, transmit, distribute, or install
ES-Insight. |
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SCOPE OF LICENSE
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Subject to the terms below, you
are hereby licensed by Computer Mail Services, Inc. (“CMSI”) to use
ES-Insight, on
a single computer or workstation.
You may:
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A) |
Use it for as long as you wish |
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B) |
Make as many exact backup copies of ES-Insight as you wish |
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You may not:
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A) |
Use ES-Insight to commit any type of Internet abuse |
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B) |
Modify, translate, reverse engineer, decompile,
disassemble or create derivative works based on the
ES-Insight |
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C) |
Rent, lease, grant a security interest in, or otherwise transfer rights to the Software. |
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D) |
Give access to ES-Insight to others in connection with a free or fee-based
service bureau, application service provider, or similar business. |
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E) |
Distribute copies with other products of any kind, commercial
or otherwise. |
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TITLE
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Title, ownership rights, and intellectual property rights in the
ES-Insight software shall
remain in CMSI. The Software is protected by copyright laws and treaties. Title
and related rights in the content accessed through the Software is the property of the applicable
content owner and may be protected by applicable law. This License gives you no rights
to such content.
All rights of any kind in ES-Insight which are not expressly granted in this License are
entirely and exclusively reserved to and by CMSI. |
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WARRANTY DISCLAIMERS and LIABILITY LIMITATIONS
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ES-Insight, and any and all accompanying software, files, data and materials, are distributed
and provided “AS IS” and with no warranties of any kind, whether express or implied. Further
CMSI does not warrant, guarantee, or make any representations regarding the use, or the
results of the use of the software in terms of correctness, accuracy, reliability,
currentness, or otherwise. The entire risk as to the use, results
and performance of the software is assumed by you.
You acknowledge that good data processing procedure dictates that any>
program, including ES-Insight, must be thoroughly tested with non-critical data before
you rely on it. This disclaimer of warranty constitutes an essential part of this License.
Any liability of CMSI will be limited exclusively to refund of
purchase price, if any. In addition, in no event shall CMSI, or its
principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent
organizations, be liable for any direct, indirect, incidental, consequential, or
punitive damages, (including damages for loss of business information and the like) whatsoever
relating to the use of ES-Insight, or to your relationship with CMSI.
In addition, in no event does CMSI authorize you to use ES-Insight in
applications or systems where ES-Insight's failure to perform can
reasonably be expected to result in a significant physical injury, or
in loss of life. Any such use by you is entirely at your own risk,
and you agree to hold CMSI harmless from any and all claims or losses
relating to such unauthorized use. |
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GENERAL
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This License is the complete statement of the
agreement between the parties on the subject matter, and merges and
supersedes all other or prior understandings, purchase orders,
agreements and arrangements. This License shall be governed by the laws of
the State of Michigan. Exclusive jurisdiction and venue for all
matters relating to this License shall be in courts located in the State
of Michigan, and you consent to such jurisdiction and venue. There
are no third party beneficiaries of any promises, obligations or
representations made by CMSI herein. Any waiver by CMSI of any
violation of this License by you shall not constitute or contribute
to a waiver of any other or future violation by you of the same
provision, or any other provision, of this License.
If you have any questions concerning this agreement, please writ to:
Computer Mail Service, Inc.
44648 Mound Road #812
Sterling Heights, MI 48314
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Copyright ©2005-2007 by Computer Mail Services, Inc. All rights reserved.
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BL-Monitor
