This legal document is an agreement between you, the end user, and Computer Mail Services, Inc.
THIS AGREEMENT AND THE ACCOMPANYING SEPARATE PRODUCT CERTIFICATE(S) CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND COMPUTER MAIL SERVICES, INC. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNOPENED MEDIA ENVELOPE AND THE OTHER ITEMS (INCLUDING WRITTEN MATERIALS, BINDERS OR OTHER CONTAINERS AND HARDWARE, IF ANY) THAT ARE PART OF THIS PRODUCT TO THE PLACE WHERE YOU OBTAINED THEM FOR A FULL REFUND.
In consideration of payment of the LICENSE fee, which is part of the price you paid for this product, Computer Mail Services, Inc. (hereinafter "CMSI"), as Licensor, grants to you, the LICENSEE, a non-exclusive right to use and display this copy of a CMSI software program (hereinafter "SOFTWARE") on a single COMPUTER (i.e. with a single CPU).
As the LICENSEE, you own the magnetic or other physical media on which the SOFTWARE is originally or subsequently recorded or fixed, but CMSI retains title and ownership of the SOFTWARE recorded on the original media copy/copies and all subsequent copies of the SOFTWARE, regardless of the form or media in or on which the original and copies may exist. This license is not a sale of the original SOFTWARE or any copy.
This SOFTWARE and the accompanying written materials are copyrighted. Unauthorized copying of the SOFTWARE, including SOFTWARE that has been modified, merged or included with other software, or of the or written materials is expressly forbidden. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this License. CMSI will use every and all remedies available to it under the laws of the United States for infringement of its copyright. Subject to these restrictions, you may make no more than three (3) copies of the SOFTWARE solely for backup purposes.
As the LICENSEE, you may physically transfer the SOFTWARE from one computer to another provided the software is used only on one computer at a time. You may not electronically transfer the SOFTWARE from one computer to another over a network. You may not distribute copies of the SOFTWARE or accompanying written materials. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the SOFTWARE. You may not modify, adapt, translate or create derivative works based on the written materials without the prior written consent of CMSI.
This product can only be used by the purchaser or its subsidiaries and cannot be used by third parties or for the benefit of third parties. For example, an Internet Service Provider (ISP) or Applications Service Provider (ASP) may not use this product to offer message filtering to its customers.
This SOFTWARE is licensed only to you, the LICENSEE, and may not be transferred to anyone without the prior written consent of CMSI. Any authorized transferee of the SOFTWARE shall be bound by the terms and conditions of this agreement. In no event may you transfer, assign, rent, lease, sell or otherwise dispose of the SOFTWARE on a temporary or permanent basis except as expressly provided herein.
This License is effective until terminated. This License will terminate automatically without notice from CMSI if you fail to comply with any provision of this license. Upon termination CMSI has the right to demand that you return or destroy written materials and all copies of the SOFTWARE, including modified copies, if any. At that time you must certify in writing that you have not retained any copies of the software.
CMSI may create, from time to time, updated versions of the SOFTWARE. At its option, CMSI will make such updates available to the LICENSEE and transferees who have paid the update fee and registered the software by notifying CMSI of its use and location. To provide the proper update CMSI will inquire what version of the SOFTWARE is installed.
If the SOFTWARE is an update, you are authorized to use the SOFTWARE only if you are an authorized user of qualifying products as determined by CMSI. When you install the update you must discontinue the use of the copy of the qualifying product.
This agreement is governed by and interpreted in accordance with laws of the State of Michigan and the United States. Any terms or conditions of this agreement found to be unenforceable, illegal, or contrary to public policy in any jurisdiction will be deleted, but will not affect the remaining terms and conditions of the Agreement.
You agree that CMSI's liability for damages to you or to any other party shall not exceed the license fee paid for the software.
This agreement constitutes the entire agreement between you and CMSI.
THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, CMSI, DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT CMSI, OR ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
CMSI warrants to the original LICENSEE that the media which the SOFTWARE is recorded is free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of delivery as evidenced by a copy of the receipt. Further, CMSI hereby limits the duration of any implied warranty on the media to the period stated above. Some states do not allow limitations on duration for an implied warranty, so the above limitations may not apply to you.
CMSI's entire liability and your exclusive remedy as to the media shall be, at CMSI's option, either (a) return of the purchase price or (b) replacement of the media that does not meet CMSI's Limited Warranty and which is returned to CMSI with a copy of the receipt. If failure of the media has resulted from accident, abuse, or misapplication, CMSI shall have no responsibility to replace the media or refund the purchase price. Any replacement media will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
THE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE MADE BY CMSI ON THIS CMSI PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CMSI, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
NEITHER CMSI NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE SUCH PRODUCT EVEN IF CMSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This Agreement is governed by the laws of the State of Michigan.
Should you have any questions concerning this Agreement please write to:
Computer Mail Services, Inc.,
44648 Mound Road #812
Sterling Heights MI 48314.