License Agreement:
According to our lawyer we should put this here. When agreeing to purchase the softwareCyou are agreeing to these terms.
Autoresponder Unlimted License Agreement
These terms affect your legal rights and obligations. You should carefully read the following terms and conditions before using this product. It contains software,The use of which is licenced by The 29th floor enterprises to its customers for their use only as set forth in the licence agreement below(the "License Agreement").
Enduser License Agreement
Note: This agreement applies to all software produced and/or distributed by and/or for The29th Floor Enterprises(29th Floor)or any of its affiliated registrars("software"or"Software"). Before installing 29th Floor software, please read this License Agreement("Agreement")carefully. This is a legally binding Licensing Agreement between you ("End user")and 29th Floor_("29th Floor"). By installing the encloesd software programs and related applications("SoftWare"), you are agreeing to be bound by all the terms and conditions of this Agreement.
The enclosed Software is licensed to the End User by 29th Floor for use only in accordance with this Agreement. If you do not agree to be bound by its terms and conditions,do not install the Software. By installing this software,you are indicating that you have read the agreement in its entirety and that you accept such terms and conditions and agree to be bound by them. If you are not willing to abide by the terms and conditions of this Agreement,exit the application and do not install the software.
Title and License
All right,title and interest in the Software is owned by and shall remain the exclusive property of 29th Floor. The End User shall not do anything to contest or challenge 29th Floor's intellectual property rights in the Software.
Limted Grant
29th Floor hereby grants to the End User the limited right to use the SoftwareCincluding all data files comprising the Software. The End User is strictly prohibited from rentingCleasing, subleasingCreverse engineering, decompilingCdisassembling,translatingCmerging,or other wise creating derivative works from the Software without written permission of 29th Floor.
Requiremalts and Speciications
The End User is responsible for obtaining the appropriate hardware,software and Internet access required to us the Software.
Accountability and Liability
29th Floor shall not be liable for the informationCsoftware,contentsCproducts or services produced or accessed by or from the End user. The End User is strictly prohibited from using the Software on or in connection with any illegal activities. Any unauthorized use(s) of the Software shall constitute a material breach of this Agreement. Any business relationship or transaction contemplated or consummated between the End User and any other third party is strictly subject to the specific terms and conditions agreed to by the End User and the third party. It is expressly acknowledged that 29th Floor and any of its affiliates,severally and/or collectively are not parties to these transactions and 29th Floor shall have no liability or obligation with respect to such business relationships or transactions between the End User and third parties.
Indemnity
The End User agrees to indemnify and hold harmless 29th FloorCits agents,employees, directors,officers and representatives from and against any lossCliabilityCclaimCdamage and/or expense(including attorney's fees) arising from or in connection with the installation and continued use of the Software,accessed or created Web Sites and/or the sales of products or services from the End User to third parties.
Warranties
29th Floor warrants and represents that the media on which the Software is supplied is free of defects in materials and workmanship,and will provide to the End User free of charge, withing ninety(90)days of purchase, a replacement copy of the Software upon return of any defective media. The warranties contained in this agreement are in lieu of all other representations,warranties and conditions express or implied,including but not limited to implied representations,warranties and conditions of merchantability,and fitness for a particular purpose,whether arising by statue or otherwise in law or from a course of dealing or usage of trade.
29th Floor does not represent or warrant that:
(1) The operation of the software or the performance of the order processing function. Will be error free,uninterrupted or that the results obtained from their use will be accurate or meet all the end users specific requirements;or
(2) All programing errors can be corrected or found in order to be corrected.
Disclaimers
In no event shall 29th Floor,its employees,agents,officers,directors or representatives be liable for any lost revenues or profits,business interruption,loss of information,or any other indirect special, incidental,or consequential damages of any kind arising out of the use of or inability ‚”o use the software or the order processing functionC Even if 29th ‚†‚Œ‚‚‚’ ‚ˆ‚‚“ ‚‚‚…‚…‚Ž ‚‚„vised of the possibility of such damagesD ‚s‚ˆ‚… limitationsCexclusions and disclaimers in this agreement shall apply irrespective of the nature of The cause of action or demand,including but not limited to breach of contractCnegligence,tort or any other legal theory,and shall survive any fundamental breach or breaches and/or failure of the essential purpose of this agreement, or any remedy contained in this agreementD
Governing Law
This Agreement shall be governed by the laws of the province of Alberta,Canada.The End user agrees to subject itself to the jurisdiction of Canada, court in Alberta.
Copyright 2002- 2003 The 29th Floor Enterprise
@@@@@@Calgary,Alberta,Canada Allrightsreserved