INweb Mail Server


License Agreement and Copyright Information

Copyright Notice:  

INweb Mail Server is Copyright 1999-2003, INweb Aps. All Rights Reserved. INweb Mail Server is a Trademark of INweb ApS.

Important:
Please read carefully the following INweb Mail Server License Agreement. You must agree in order to down-load and install and use the INweb Mail Server software.

GENERAL: This License is the entire agreement between you and INweb ApS, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of Denmark. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License Agreement and the other provisions shall remain in full force and effect. The parties (you and INweb ApS) agree that this Agreement shall be in English.

ATTENTION: THIS IS A LICENSE TO USE, NOT A SALE. THIS PRODUCT IS PROVIDED UNDER THE FOLLOWING LICENSE WHICH DEFINES WHAT YOU MAY DO WITH THE PRODUCT AND CONTAINS LIMITATIONS ON WARRANTIES AND/OR REMEDIES. THIS LICENSE IS GRANTED BY INweb APS, DENMARK.

License Agreement:

GRANT. Subject to the provisions contained herein, INweb Aps hereby grants you (the Licensee being a person, business, corporation, organization, government agency or any other entity) from the time of down-loading the software, a personal non-transferable and non-exclusive 60-day license to use its accompanying proprietary software (herein "Software"), described as INweb Mail Server, free of charge for the sole purpose of evaluating whether to purchase an ongoing license to the Software. You may evaluate the software for not more than 60 days. At the end of the 60 day period at the latest you must purchase a license in order to continue using the Software. If you do not fit within the description above, a license fee is due to INwab ApS and consequently no evaluation license is granted herein. You are not entitled to any hard-copy documentation, support or telephone, fax or e-mail assistance. After the payment of a license fee, you are granted a personal, non-transferable and non-exclusive license to use the Software on one machine under the terms stated in the Agreement. You are not following the payment of a license fee entitled to any refund if you for any reason decide to stop using the software.

SOFTWARE AND DOCUMENTATION. INweb ApS shall furnish the Software to you electronically or on media in machine-readable object code form. This license does not grant you any right to any enhancement or update to the Software and Documentation. Enhancements and updates, if available, may be obtained by you at INweb ApS's then current standard pricing, terms, and conditions.

RESTRICTED USE. You may not lend, rent, lease, sublease, assign or otherwise transfer the Software or this license to any other person or company without the prior written consent of INweb ApS. The Software is protected by the copyright laws of the Denmark and international copyright laws and treaties. This license is valid for use on one computer only. You and your employees and agents are required to protect the confidentiality of the Software. You may not distribute or otherwise make the Software or Documentation available to any third party. You may not copy or reproduce the Software or Documentation for any purpose except to make one (1) archival copy of the Software, in machine readable or (concerning Documentation) in printed form for back up purposes only in support of your use of the Software on a single computer. You must reproduce and include this copyright notice on the backup or archival copy of the Software.

HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons or other systems, in which the failure of the Software could lead directly or indirectly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). INweb ApS and its suppliers specifically disclaim any expressed or implied warranty of fitness for High Risk Activities.

INTELLECTUAL PROPERTY RIGHTS. Title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain in INweb ApS and/or its suppliers. This Agreement does not include the right to copy or sublicense the Software as the License is personal to you and therefore may not be assigned or transferred without the prior written consent of INweb ApS. You acknowledge that the Software in source code form remains a confidential trade secret of INweb ApS and/or its suppliers and therefore you agree not to attempt to decipher, decompile, disassemble or reverse engineer the Software or allow others to do. You further agree not to modify or create derivative works of the Software.

CONTENT. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This License gives you no rights to such content.

DISCLAIMER OF WARRANTY. The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. You must determine that this license agreement is in accordance with and does not conflict with laws and regulations in your country or state. You must determine that the Software sufficiently meets your requirements. INweb ApS does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. This disclaimer of warranty constitutes an essential part of the agreement. Some countries or states do not allow exclusions of an implied warranty, in which case this license agreement does not fit you and you can not obtain a right to license this business-to-business software.

TECHNICAL SUPPORT POLICY. Technical support will not be provided to users of INweb Mail Server. You may refer to the Help function or the inwebMail Homepage for information on setup, configuration, etc. Should the Software prove defective, you and not INweb ApS assume the entire cost of any service and repair.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL INweb ApS OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ANY OTHER COMPANY OR ORGANIZATIONS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL INweb ApS BE LIABLE FOR ANY DAMAGES IN EXCESS OF INweb ApS'S LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF INweb ApS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WICH CASE THIS LICENSE AGREEMENT DOES NOT FIT YOU AND YOU CAN NOT UPTAIN A RIGHT TO LICENCE THIS BUSINESS-TO-BUSINESS SOFTWARE.

EXPORT CONTROLS. You may not download or otherwise export or reexport the Software or any underlying information or technology except in full compliance with applicable laws and regulations.

TERMINATION. Either party may terminate this Agreement immediately in the event of default by the other party. Upon any termination of this Agreement, you shall immediately destroy the Software and Documentation and all copies thereof. Your obligations to pay accrued charges and fees shall survive any termination of this Agreement.

MISCELLANEOUS. This Agreement represents the complete and exclusive statement of the agreements concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND INweb ApS AGREES TO FURNISH THE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN ANY PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances or of the remaining provisions hereof under all circumstances. Following installation the Software will communicate key information to INweb ApS for statistical purposes. Headings shall not be considered in interpreting this Agreement. This Agreement shall be governed by and construed under Danish law. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.