SOFTWARE PRODUCT LICENSE AGREEMENT
ThinkDKIM for IIS SMTP Service
Copyright © 2011-2015 Interactive Thoughts. All Rights Reserved.
IMPORTANT - READ CAREFULLY: This End User License Agreement ("EULA") is a legal agreement between YOU as Licensee and Interactive Thoughts ("IT") for the SOFTWARE PRODUCT identified above. By installing, copying, or otherwise using the SOFTWARE PRODUCT, YOU agree to be bound by the terms of this EULA. If YOU do not agree to the terms of this EULA, then do not install or use this SOFTWARE PRODUCT. If you paid IT or an authorized IT distributor for this copy individually, you may return it unused, within thirty (30) days after purchase, for a full refund of your payment.
The copyright in the SOFTWARE PRODUCT and its documentation is owned by IT. Subject to the terms of this EULA, YOU are granted a non-exclusive right for the duration of the EULA to use the SOFTWARE PRODUCT. YOU do not acquire ownership of copyright or other intellectual property rights in any part of the SOFTWARE PRODUCT by virtue of this EULA. Your use of this software indicates your acceptance of this EULA and warranty.
In this End User License Agreement, unless the contrary intention appears,
• "EULA" means this End User License Agreement
• "Licensee" means YOU, or the organization (if any) on whose behalf YOU are taking the EULA.
• "SOFTWARE PRODUCT" or "SOFTWARE" means ThinkDKIM for IIS SMTP Service editions, which includes computer software and associated media and printed materials, and may include online or electronic documentation.
• "Registered License" means the license to use the SOFTWARE PRODUCT which is available for purchase from the web site: <http://www.interactivethoughts.com/products/ThinkDKIM/>, following the thirty-day free evaluation period.
• "Support Services" means email-based support provided by IT, including advice on usage of this SOFTWARE, investigation of bugs, fixes, repairs of models, if and when appropriate, and general product support.
• "IT support engineers" means employees of IT who provide on-line support services.
GRANT OF LICENSE
In accordance with the terms of this EULA, YOU are granted the following rights:
• To install and use one copy of the SOFTWARE PRODUCT, or in its place, any prior version for the same operating system, on a single computer. As the primary user of the computer on which the SOFTWARE PRODUCT is installed, YOU may make a second copy for your exclusive use on either a home or portable computer.
• To make copies of the SOFTWARE PRODUCT for backup and archival purposes only.
The evaluation license of ThinkDKIM is not free software. Subject to the terms of this agreement, YOU are hereby licensed to use this software for evaluation purposes without charge for a period of thirty (30) days.
Upon expiration of the thirty (30) days, the Software Product must be removed from the computer. Unregistered use of the Software Product after the 30-day evaluation period is in violation of U.S. and international copyright laws.
IT may extend the evaluation period on request and at their discretion.
If YOU choose to use this software after the 30-day evaluation period, a license must be purchased (as described at
GRANT OF LICENSE
In accordance with the terms of this EULA, for each successful standard license registration, a non-exclusive license is granted for a YOU to use this software on a SINGLE computer.
GRANT OF LICENSE
In accordance with the terms of this EULA, for each successful enterprise license registration, a non-exclusive license is granted for a YOU to use this software on multiple computers.
ADDITIONAL RIGHTS AND LIMITATIONS
YOU hereby undertake not to sell, rent, lease, translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, modify, sub-license, loan or distribute the SOFTWARE PRODUCT other than as expressly authorized by this EULA.
YOU further undertake not to reproduce or distribute license key-codes except under the express and written permission of IT.
YOU may only assign all your rights and obligations under this EULA to another party if YOU supply to the transferee a copy of this EULA and all other documentation including proof of ownership. Your license is then terminated.
Without prejudice to any other rights, IT may terminate this EULA if YOU fail to comply with the terms and conditions. Upon termination YOU or YOUR representative shall destroy all copies of the SOFTWARE PRODUCT and all of its component parts or otherwise return or dispose of such material in the manner directed by IT.
WARRANTIES AND LIABILITY
IT warrants that
The SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and
Any Support Services provided by IT shall be substantially as described in applicable written materials provided to YOU by IT, and IT support engineers will make commercially reasonable efforts to solve any problems associated with the SOFTWARE PRODUCT.
To the maximum extent permitted by law, IT excludes, for itself and for any supplier of software incorporated in the SOFTWARE PRODUCT, all liability for all claims, expenses, losses, damages and costs made against or incurred or suffered by YOU directly or indirectly (including without limitation lost costs, profits and data) arising out of:
YOUR use or misuse of the SOFTWARE PRODUCT;
YOUR inability to use or obtain access to the SOFTWARE PRODUCT;
Negligence of IT or its employees, contractors or agents, or of any supplier of software incorporated in the SOFTWARE PRODUCT, in connection with the performance of IT's obligations under this EULA; or
Termination of this EULA by either party for any reason.
The SOFTWARE PRODUCT and any documentation are provided "AS IS" and all warranties, whether express, implied, statutory or otherwise, relating in any way to the subject matter of this EULA or to this EULA generally, including without limitation, warranties as to: quality; fitness; merchantability; correctness; accuracy; reliability; correspondence with any description or sample, meeting your or any other requirements; uninterrupted use; compliance with any relevant legislation; and being error or virus free are excluded. Where any legislation implies in this EULA any term, and that legislation avoids or prohibits provisions in a contract excluding or modifying such a term, such term shall be deemed to be included in this EULA. However, the liability of IT for any breach of such term shall, if permitted by legislation, be limited, at IT's option to any one or more of the following upon return of the SOFTWARE PRODUCT and a copy of the receipt:
If the breach relates to the SOFTWARE PRODUCT:
The replacement of the SOFTWARE PRODUCT, or the supply of an equivalent SOFTWARE PRODUCT;
The repair of such SOFTWARE PRODUCT, or the payment of the cost of replacing the SOFTWARE PRODUCT, or of acquiring an equivalent SOFTWARE PRODUCT; or
The payment of the cost of having the SOFTWARE PRODUCT repaired.
If the breach relates to services in relation to the SOFTWARE PRODUCT:
The supplying of the services again; or
The payment of the cost of having the services supplied again.
All names of products and companies used in this EULA, the SOFTWARE PRODUCT, or the enclosed documentation may be trademarks of their corresponding owners.
This agreement shall be construed in accordance with the laws of ISRAEL, exclusive of its choice-of-law principles. Exclusive jurisdiction of all disputes arising out of or in connection with this EULA shall reside in the state courts located in Israel.