E-mail Management Server 9

EULA - End User License Agreement

MADSolutions
(A Division of Geisel Envisioning International Ltd.)
Software License and Limited Warranty Agreement
E-mail Management Server 2006

By purchasing and/or using this software, E-mail Management Server 2006, you agree to the following terms and conditions:
1. License
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This Agreement grants you, the Licensee, a license to: (a) use the software on any computer provided the software is used by one person and only that person. (b) make a copy of the software in machine-readable form for the sole purpose of backup. A copy of this document in complete must accompany any such backup.

2. Ownership of software
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As Licensee, you own the media on which the software is located. Ownership of title and ownership of the software on the original media and all copies of the software, regardless of form are the property of Geisel Envisioning International Ltd. This license is not a sale of the software or any copy.

3. Restrictions
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You may not distribute copies of this software to others in any form. You may not allow multiple users to use this software regardless of its place of installation. The software contains trade secrets and in order to protect them you may not decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form. You may not adapt, translate, modify, lease, loan, rent, resell for profit, network, distribute or create derivative works based upon the software or any part thereof.

4. Term
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This license is effective until January 1, 2046, unless terminated earlier. You may terminate the license at any time by destroying the software (including all related documentation) together with all copies or modifications in any form. Geisel Envisioning International Ltd. will have the right to terminate your license immediately if you fail to comply with any term or condition outlined in this agreement. Upon termination, including termination by you, you must destroy the software, all related documentation and any copies made of the software.

5. Confidentiality
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You agree to maintain the software in confidence and to not disclose the software to any third party without the express written consent of Geisel Envisioning International Ltd. You further agree to take all reasonable precautions to preclude access of unauthorized persons to the software.

6. Limited Warranty
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Geisel Envisioning International Ltd. warrants only that the media upon which the software is furnished will be free from defects in material or workmanship under normal use and service for a period of 30 days from the date of purchase. Geisel Envisioning International Ltd. does not and cannot warrant the performance or results you may obtain by using the software or documentation.

7. Limitation of Liability
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In no event will Geisel Envisioning International Ltd. be liable to you for any special damages, including any loss of information, loss profits, lost saving or other incidental or consequential damages, even if Geisel Envisioning International Ltd. has been advised of the possibility of such damages, or for any claim by any other party.

8. Limitation of Remedies
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(This section applies to those who purchased E-mail Management Server 2006) Geisel Envisioning International Ltd.'s entire liability and your exclusive remedy shall be: (a) the replacement of any media not meeting Geisel Envisioning International Ltd.'s limited warranty which is returned to Geisel Envisioning International Ltd.; or (b) if Geisel Envisioning International Ltd. or its distributor is unable to deliver replacement media which is free of defects in materials or workmanship, you may terminate this Agreement by returning the software and your money will be refunded.

9. Export
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You acknowledge that you may not at any point in time export or re-export the software or the media on which it recorded in any form without first consulting the appropriate government regulations and adhering to them in all respects.

10. Complete Agreement
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You acknowledge that you have read this agreement, understand it, and that by purchasing and/or using the software you agree to be bound by its terms and conditions. You further agree that this document is the complete and exclusive statement of the agreement between Geisel Envisioning International Ltd. and you which supersedes any proposal or prior agreement, oral or written, and any other communication between Geisel Envisioning International Ltd. and you relating to the subject matter of this agreement.

11. No Variation
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No variation of the terms of this agreement or any different terms will be enforceable against Geisel Envisioning International Ltd. unless Geisel Envisioning International Ltd. gives its express consent in writing by an executive officer of the company, including an express waiver of the terms of this agreement.

12. Purchasers/Users Responsibility
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You assume full responsibility for the use of the software and agree to use the software legally and responsibly.

13. Applicable Law
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This agreement shall be governed by Canadian and International law. Should any provision of this agreement be declared unenforceable in any jurisdiction, then such provision shall be deemed to be severable from this agreement and shall not affect the remainder hereof.

14. Rights Reserved
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All rights in the software not specifically granted in this agreement are reserved by Geisel Envisioning International Ltd.