License and Terms of Use

License and Terms of Use

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PROGRAM. YOUR USE OF THIS PROGRAM INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT INSTALL OR USE THIS SOFTWARE AND SHOULD PROMPTLY INFORM THE PLACE OF PURCHASE AND YOUR PURCHASE PRICE WILL BE REFUNDED.

This is a legal agreement in effect between Wildcrest Associates and you the user resulting from your having a copy of CustomMailer 4.0 ("CustomMailer" in what follows unless otherwise indicated) on your computer. These terms and conditions apply to the Trial Version, Personal Edition, Business Edition, and Enterprise Edition of CustomMailer.

1. License and Ownership

CustomMailer is a licensed software product. CustomMailer, including its accompanying files and documentation, is owned and copyrighted by Wildcrest Associates, Copyright (C) 2006, all rights reserved. Wildcrest Associates grants the user in possession of copy of CustomMailer ("you" in what follows) a nonexclusive license to install and use CustomMailer ONLY FOR LEGAL AND ETHICAL PURPOSES provided the terms of this agreement are met.

2. Conditions of Use

This license to CustomMailer is made to you as an individual and permits installation on multiple computer systems of your choosing for use by you and you alone. Additional copies may be made for normal backup purposes. No other distribution of CustomMailer in whole or in part in permitted. You must take appropriate safeguards to protect this product from unauthorized use by others.

The implementation and internal logic of CustomMailer are the property of Wildcrest Associates and you may only employ them in the context of your use of CustomMailer as expressly allowed by this license. You may not reverse engineer, disassemble, decompile, or modify this software or its accompanying documentation in any way. You may not use any means to discover, expose, document, defeat, or use the programming interfaces or internal logic used within CustomMailer or any parts thereof. You acknowledge that this software contains valuable confidential information and trade secrets and that unauthorized use and/or copying are harmful to Wildcrest Associates.

By downloading, installing, or using CustomMailer you agree that Wildcrest Associates can have access to your contact information, including name and email address, for purposes of contacting you as a prospective or current customer with announcements, updates, and other information about this or related Wildcrest Associates software. Unless we have your permission or are required by law, we will not make your contact information available to anyone outside of Wildcrest Associates.

If you purchase the CustomMailer Personal Edition, Business Edition or Enterprise Edition, you will receive a product serial number uniquely associated with you. You may use this serial number to register copies of CustomMailer on any computer systems of your choosing for use by you and you alone. You may not distribute the serial number or your registered copy of CustomMailer in whole or in part to anyone else. You agree that Wildcrest Associates may employ means to detect the unauthorized distribution or use of your serial number or this software. By your action of using the serial number to register your copy of CustomMailer, you hereby acknowledge and accept your responsibility for the use of any unauthorized copies of CustomMailer registered with your serial number.

3. Java Runtime Environment and Third Party Copyrights

You further agree to abide by the terms and conditions of the Sun Microsystems Java (tm) Runtime Environment ("JRE") Version 1.1.8 Binary Code License contained within this distribution. Nothing in this CustomMailer license agreement shall be taken as modifying, extending, or abridging the terms of the JRE license as it applies to the JRE. Other portions of this program are copyrighted by Symantec Corporation, IBM Corporation, Sun Microsystems, JObjects, AXL Software, Alexey Goloshubin & Jeremy Cook, Kazuki Yasumatsu, and Wildcrest Associates and distributed under terms of license agreements associated with those software components.

4. Warranty Disclaimer and Limitation of Liability

CustomMailer is licensed to the user on an "AS IS" basis. Wildcrest Associates MAKES NO WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE, WITH RESPECT TO THIS SOFTWARE AND ITS ASSOCIATED FILES AND DOCUMENTATION, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. WILDCREST ASSOCIATES DOES NOT WARRANT THAT THE OPERATION OF THIS SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

You the user are solely responsible for determining the appropriateness, suitability, quality, and performance of this software for your purposes and accept full responsibility for all risks associated with its use. Wildcrest Associates is not and will not be liable for any direct, indirect, special, general, incidental, or consequential damages in any amount, including but not limited to lost profits or business, loss of anticipated benefit, loss of data or business information, loss of goodwill, or interruption of business however caused, arising out of any and all intended or unintended consequences of your use or inability to use this software in any way, even if Wildcrest Associates has been advised of the possibility of such damages. You further agree that you indemnify Wildcrest Associates against and take full responsibility for any damages arising from any and all intended or unintended consequences of your sending or failing to send correctly or incorrectly generated electronic mail of any kind to anyone using CustomMailer.

CustomMailer is not licensed for and Wildcrest Associates does not condone any illegal or unethical use of this product. Under no circumstances will Wildcrest Associates be responsible for damages or any other consequences arising from such use. You and not Wildcrest Associates are solely responsible for determining what is legal and for ensuring that all use of this product is in accordance with applicable law.

The entire liability of Wildcrest Associates under the provisions of this agreement shall in any event be limited to the license fee actually paid by you for the right to use this software. These provisions specifically allocate risk under this agreement between you and Wildcrest Associates, and the pricing expressly reflects this allocation of risk and limitation of liabilities. Wildcrest Associates retains the right to, in its sole discretion, refund the license fee you paid for the right to use this software as a complete and final resolution to any dispute.

5. Export Law Assurances

You may not use or otherwise export or reexport this software except as authorized by United States law and the laws of the jurisdiction in which the software was obtained. In particular, but without limitation, no part of this software may be used or otherwise exported or reexported (i) into (or to a national or resident of) a United States embargoed country or (ii) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the software, you represent and warrant that you are not located in, under control of or, a national or resident of any such country or on any such list.

6. Controlling Law and Severability

This license shall be governed by the law of the United States of America and the State of California. You agree to submit to and waive any objections to personal jurisdiction of and venue in the U.S. District Court for the Northern District of California, the California Superior Court for Santa Clara County, or the Santa Clara County Municipal Court for any litigation arising out of the agreement. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this license shall continue in full force and effect.

7. Support

Wildcrest Associates makes every effort to ensure the quality of its products, and questions, bug reports, and feature requests are welcome. Wildcrest Associates also provides support for CustomMailer in the form of an optional annual maintenance agreement. In either case, due to resource limitations, it may not be possible to resolve all issues and no assurances can be given as to when or if problems will be addressed.

8. Complete Agreement

This license constitutes the entire agreement between the parties with respect to the use of this software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this license will be binding unless in writing and signed by Wildcrest Associates.