The Email Server 2.0.277

This End-User License Agreement ("EULA") is a

legal agreement between you (either an individual

or a single entity) and The Email Server Company

for The Email Server software product, which

includes computer software and may include

associated media, printed materials, and "online" or

electronic documentation ("Product"). An

This End-User License Agreement ("EULA") is a

legal agreement between you (either an individual

or a single entity) and The Email Server Company

for The Email Server software product, which

includes computer software and may include

associated media, printed materials, and "online" or

electronic documentation ("Product"). An

amendment or addendum to this EULA may

accompany the Product. YOU AGREE TO BE

BOUND BY THE TERMS OF THIS EULA BY

INSTALLING, COPYING, OR OTHERWISE

USING THE PRODUCT. IF YOU DO NOT

AGREE, DO NOT INSTALL OR USE THE

PRODUCT.

1. GRANT OF LICENSE. The Email Server

Company grants you the following limited, personal,

non-exclusive rights provided that you comply with

all terms and conditions of this EULA:

* Systems Software. You may install and

use one copy of the Product on a single computer,

including a workstation, terminal or other digital

electronic device ("COMPUTER").

* Storage/Network Use. You may also

store or install a copy of the Product on a storage

device, such as a network server, used only to

install or run the Product on your other

COMPUTERS over an internal network; however,

you must acquire and dedicate a license for each

separate COMPUTER on or from which the

Product is installed, used, accessed, displayed or

run. A license for the Product may not be shared or

used concurrently on different COMPUTERS.

Notwithstanding the foregoing, any number of

COMPUTERS may access or otherwise utilize the

email services of the Product.

* Reservation of Rights. The Email Server

Company reserves all rights not expressly granted to

You in this EULA.

2. DESCRIPTION OF OTHER RIGHTS

AND LIMITATIONS.

* Not For Resale Software. Product

identified as "Not for Resale" or "NFR," may not be

resold, transferred or used for any purpose other

than demonstration, test or evaluation.

* Limitations on Reverse Engineering,

Decompilation, and Disassembly. You may not

reverse engineer, decompile, or disassemble the

Product, except and only to the extent that such

activity is expressly permitted by applicable law

notwithstanding this limitation.

* Separation of Components. The Product

is licensed as a single product. Its component parts

may not be separated for use on more than one

computer.

* Rental. You may not rent, lease or lend

the Product.

* Trademarks. This EULA does not grant you any

rights in connection with any trademarks or service

marks of The Email Server Company or any

trademarks or service marks of any third party that

may be contained herein.

* Support Services. The Email Server

Company is not obligated to provide technical or

other support for the Product. If The Email Server

Company should provide You with support services

related to the Product ("Support Services"), use of

Support Services is governed by the The Email

Server Company polices and programs described in

the user manual, in "on line" documentation and/or

other provided materials. Any supplemental

software code provided to you as part of the

Support Services shall be considered part of the

Product and subject to the terms and conditions of

this EULA. With respect to technical information

you provide to The Email Server Company as part

of the Support Services, The Email Server

Company may use such information for its business

purposes, including for product support and

development. The Email Server Company will not

utilize such technical information in a form that

personally identifies you.

* Transfer to Third Party. The initial user of the

Product may make a one-time transfer of the

Product to another end user. The transfer has to

include all component parts, media, printed

materials and this EULA. The transfer may not be

an indirect transfer, such as a consignment. Prior

to the transfer, the end user receiving the

transferred Product must agree to all the EULA

terms

* Termination. Without prejudice to any

other rights, The Email Server Company may cancel

this EULA if you do not abide by the terms and

conditions of this EULA, in which case you must

destroy all copies of the Product and all of its

component parts.

3. UPGRADES. You may move the

Product to a different Workstation Computer. To

use a Product identified as an upgrade, you must

first be licensed for the product identified by The

Email Server Company as eligible for the upgrade.

After upgrading, you may no longer use the product

that formed the basis for your upgrade eligibility.

4. COPYRIGHT. All title and intellectual

property rights in and to the Product (including but

not limited to any images, photographs, animations,

video, audio, music, text, and "applets"

incorporated into the Product), the accompanying

printed materials, and any copies of the Product are

owned by The Email Server Company or its

suppliers. All title and intellectual property rights in

and to the content which may be accessed through

use of the Product is the property of the respective

content owner and may be protected by applicable

copyright or other intellectual property laws and

treaties. This EULA grants you no rights to use

such content. All rights not expressly granted are

reserved by The Email Server Company.

5. BACKUP COPY. After installation of one copy of

the Product pursuant to this EULA, you may keep

the original media on which the Product was

provided by The Email Server Company solely for

backup or archival purposes. Except as expressly

provided in this EULA, you may not otherwise make

copies of the Product or the printed materials

accompanying the Product.

6. LIMITED WARRANTY.

LIMITED WARRANTY FOR SOFTWARE

PRODUCTS ACQUIRED IN THE US AND

CANADA. The Email Server Company

warrants that the product will perform substantially

in accordance with the accompanying materials for

a period of ninety days from the date of receipt. If

an implied warranty or condition is created by your

state/jurisdiction and federal or state/provincial law

prohibits disclaimer of it, you also have an implied

warranty or condition, BUT ONLY AS TO

DEFECTS DISCOVERED DURING THE PERIOD

OF THIS LIMITED WARRANTY (NINETY DAYS).

AS TO ANY DEFECTS DISCOVERED AFTER

THE NINETY (90) DAY PERIOD, THERE IS NO

WARRANTY OR CONDITION OF ANY KIND.

Some states/jurisdictions do not allow limitations on

how long an implied warranty or condition lasts, so

the above limitation may not apply to you.

Any supplements or updates to the Product,

including without limitation, any (if any) service

packs or hot fixes provided to you after the

expiration of the ninety day Limited Warranty period

are not covered by any warranty or condition,

express, implied or statutory.

LIMITATION ON REMEDIES; NO

CONSEQUENTIAL OR OTHER DAMAGES. Your

exclusive remedy for any breach of this Limited

Warranty is as set forth below. Except for any

refund elected by The Email Server Company, YOU

ARE NOT ENTITLED TO ANY DAMAGES,

INCLUDING BUT NOT LIMITED TO

CONSEQUENTIAL DAMAGES, if the Product does

not meet The Email Server Company's Limited

Warranty, and, to the maximum extent allowed by

applicable law, even if any remedy fails of its

essential purpose. The terms of Section 8 below

("Exclusion of Incidental, Consequential and

Certain Other Damages") are also incorporated into

this Limited Warranty. Some states/jurisdictions do

not allow the exclusion or limitation of incidental or

consequential damages, so the above limitation or

exclusion may not apply to you. This Limited

Warranty gives you specific legal rights. You may

have others which vary from state/jurisdiction to

state/jurisdiction. YOUR EXCLUSIVE REMEDY.

The Email Server Company's and its suppliers'

entire liability and your excl

usive remedy shall be, at The Email Server

Company's option from time to time exercised

subject to applicable law, (a) return of the price paid

(if any) for the Product, or (b) repair or replacement

of the Product, that does not meet this Limited

Warranty and that is returned to The Email Server

Company with a copy of your receipt. You will

receive the remedy elected by The Email Server

Company without charge, except that you are

responsible for any expenses you may incur (e.g.

cost of shipping the Product to The Email Server

Company). This Limited Warranty is void if failure of

the Product has resulted from accident, abuse,

misapplication, abnormal use, a virus or anti-virus

software. Any replacement Product will be

warranted for the remainder of the original warranty

period or thirty (30) days, whichever is longer.

Outside the United States or Canada, neither these

remedies nor any product support services offered

by The Email Server Company are available without

proof of purchase from an authorized inter

national source. To exercise your remedy, contact

The Email Server Company subsidiary serving your

country.

LIMITED WARRANTY FOR SOFTWARE

PRODUCTS ACQUIRED OUTSIDE THE US AND

CANADA. FOR THE LIMITED WARRANTIES

AND SPECIAL PROVISIONS PERTAINING TO

YOUR PARTICULAR JURISDICTION, PLEASE

REFER TO YOUR WARRANTY BOOKLET

INCLUDED WITH THIS PACKAGE OR

PROVIDED WITH THE SOFTWARE PRODUCT

PRINTED MATERIALS.

7. DISCLAIMER OF WARRANTIES. The

Limited Warranty that appears above is the only

express warranty made to you and is provided in

lieu of any other express warranties (if any) created

by any documentation or packaging. Except for

the Limited Warranty and to the maximum extent

permitted by applicable law, The Email Server

Company and its suppliers provide the Product and

support services (if any) AS IS AND WITH ALL

FAULTS, and hereby disclaim all other warranties

and conditions, either express, implied or statutory,

including, but not limited to, any (if any) implied

warranties, duties or conditions of merchantability,

of fitness for a particular purpose, of accuracy or

completeness of responses, of results, of

workmanlike effort, of lack of viruses, and of lack of

negligence, all with regard to the Product, and the

provision of or failure to provide support services.

ALSO, THERE IS NO WARRANTY OR

CONDITION OF TITLE, QUIET ENJOYMENT,

QUIET POSSESSION, CORRESPONDENCE TO

DESCRIPTION OR NON-INFRINGEMENT WITH

R

EGARD TO THE PRODUCT.

8. EXCLUSION OF INCIDENTAL,

CONSEQUENTIAL AND CERTAIN OTHER

DAMAGES. TO THE MAXIMUM EXTENT

PERMITTED BY APPLICABLE LAW, IN NO

EVENT SHALL The Email Server Company OR ITS

SUPPLIERS BE LIABLE FOR ANY SPECIAL,

INCIDENTAL, INDIRECT, OR CONSEQUENTIAL

DAMAGES WHATSOEVER (INCLUDING, BUT

NOT LIMITED TO, DAMAGES FOR LOSS OF

PROFITS OR CONFIDENTIAL OR OTHER

INFORMATION, FOR BUSINESS

INTERRUPTION, FOR PERSONAL INJURY, FOR

LOSS OF PRIVACY, FOR FAILURE TO MEET

ANY DUTY INCLUDING OF GOOD FAITH OR OF

REASONABLE CARE, FOR NEGLIGENCE, AND

FOR ANY OTHER PECUNIARY OR OTHER

LOSS WHATSOEVER) ARISING OUT OF OR IN

ANY WAY RELATED TO THE USE OF OR

INABILITY TO USE THE PRODUCT, THE

PROVISION OF OR FAILURE TO PROVIDE

SUPPORT SERVICES, OR OTHERWISE UNDER

OR IN CONNECTION WITH ANY PROVISION OF

THIS EULA, EVEN IN THE EVENT OF THE

FAULT, TORT (INCLUDING NEGLIGENCE),

STRICT LIABILITY, BREACH OF CONTRACT OR

BREACH OF WARRANTY OF The Email Server

Company OR ANY SUPPLIER, AND EVEN IF The

Email Server Company OR ANY SUPPLIER HAS

BEEN ADVISED

OF THE POSSIBILITY OF SUCH DAMAGES.

9. LIMITATION OF LIABILITY AND

REMEDIES. Notwithstanding any damages that

you might incur for any reason whatsoever

(including, without limitation, all damages

referenced above and all direct or general

damages), the entire liability of The Email Server

Company and any of its suppliers under any

provision of this EULA and your exclusive remedy

for all of the foregoing (except for any remedy of

repair or replacement elected by The Email Server

Company with respect to any breach of the Limited

Warranty) shall be limited to the greater of the

amount actually paid by you for the Product or

U.S.$5.00. The foregoing limitations, exclusions

and disclaimers (including Sections 7 [Disclaimer of

Warranties] and 8 [Exclusion of Incidental,

Consequential and Certain Other Damages] above)

shall apply to the maximum extent permitted by

applicable law, even if any remedy fails its essential

purpose.

10. APPLICABLE LAW. If you acquired this

Product in the United States, this EULA is

governed by the laws of the State of Minnessota. If

you acquired this Product in Canada, unless

expressly prohibited by local law, this EULA is

governed by the laws in force in the Province of

Ontario, Canada; and, in respect of any dispute

which may arise hereunder, you consent to the

jurisdiction of the federal and provincial courts

sitting in Toronto, Ontario. If this Product was

acquired outside the United States, then local law

may apply. Should you have any questions

concerning this EULA, or if you desire to contact

The Email Server Company for any reason send an

email to sales@theemailserver.com.

11. ENTIRE AGREEMENT. This EULA (including

any addendum or amendment to this EULA which is

included with the Product) are the entire agreement

between you and The Email Server Company

relating to the Product and the support services (if

any) and they supersede all prior or

contemporaneous oral or written communications,

proposals and representations with respect to the

Product or any other subject matter covered by this

EULA. To the extent the terms of any The Email

Server Company policies or programs for support

services conflict with the terms of this EULA, the

terms of this EULA shall control.

13. The Product is protected by copyright

and other intellectual property laws and treaties.

The Email Server Company or its suppliers own the

title, copyright, and other intellectual property rights

in the Product. The Product is licensed, not sold.