Directory Widget License
Directory Widget License:
IMPORTANT — READ CAREFULLY: This Software End-User License Agreement ("EULA") is a legal agreement between you and eMailman, LLC ("Licensor") for your use of the Directory Widget that accompanies this EULA ("Software"). BY CLICKING ON THE "ACCEPT" BUTTON BELOW, DOWNLOADING, INSTALLING, COPYING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE, CLICK THE "DECLINE" BUTTON BELOW, AND DO NOT DOWNLOAD, COPY, INSTALL OR USE THE SOFTWARE.
1. GRANT OF LICENSE: Provided that you comply with all terms and conditions of this EULA, Licensor grants to you the right to install and use one (1) copy of the Software on one (1) personal computer or other device, solely for your personal use. You may transfer your copy of the Software to a different device, after which you must completely remove the Software from the former device. This EULA is applicable to the currently released version of the Software. Updates to the Software require acceptance to the EULA in effect at the time the update is downloaded.
2. RESTRICTIONS ON USE: You may not rent, lease or lend the Software to others, nor use the Software in a commercial setting, nor otherwise provide any commercial services using the Software. "Commercial" is defined as (a) any business use, (b) any work that is intended for a mass market (including but not limited to educational institutions, non-profit organizations, and governments), or (c) any activity that is supported or sponsored by an advertiser. You may not use the Software in any manner that could overload, damage, disable, overburden, or impair any Internet-based services or interfere with any other party's use and enjoyment of them. You may not use the Software to gain unauthorized access to any service, account, computer systems or networks. You agree not use the Software to send "spam" or unsolicited commercial email (UCE) or unsolicited bulk email (UBE) as prohibited by 15 USC §§7701-7712, nor for the purpose of automating data harvesting from the Software.
3. RESERVATION OF RIGHTS AND OWNERSHIP: The Software is licensed to you, it is not sold. Licensor reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Licensor or its suppliers own the title, copyright and other intellectual property rights in the Software. This EULA does not grant you any rights to trademarks or service marks of Licensor or its suppliers.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law, notwithstanding this limitation. The Software is licensed as a single product. Its component parts may not be separated for use on more than one device.
5. CONSENT TO USE OF DATA. If you choose to submit information to Licensor and/or its affiliates, you agree that Licensor and its affiliates may collect and use such submissions that you make during your use of the Software. Licensor will not use this or disclose this information in a form that personally identifies you to others.
6. THIRD-PARTY SITES, INFORMATION, AND SERVICES. Licensor is not affiliated with, is not responsible for, and accepts no liability whatsoever with respect to the contents of any third-party sites, information, or services that might be accessed using the Software. You expressly acknowledge and agree that you are accessing and using any such third-party sites, information, and services at your own personal risk.
7. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to United States export restrictions, and you agree to comply with all applicable national and international laws that apply to the Software now or in the future, including but not limited to the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
8. TERMINATION. Without prejudice to any other rights, Licensor may terminate this EULA if you do not comply with the terms and conditions of this EULA. In the event of such a termination, you must remove the Software from your device and destroy all copies of the Software and all of its component parts. You may terminate this EULA by removing the Software from your device and destroying all copies of the Software and all of its component parts. Sections 3, 4, 5, 7, 11, 13, and 14 survive termination of this EULA.
9. OTHER COMPONENTS REQUIRED. Other components (hardware and/or software) may be required for the use of the Software. Licensor assumes no responsibility for obtaining and/or supporting such components. Licensee is responsible for ensuring a proper environment and proper utilities for the computer system on which the Software will operate.
10. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government is provided with the commercial license rights and restrictions described in this EULA.
11. APPLICABLE LAW. This EULA is governed by the laws of the State of Missouri, without regard to its choice of law provisions. The parties agree that jurisdiction and venue shall properly lie in any court located in the State of Missouri, with respect to any legal proceedings arising from this Agreement. The parties agree not to object to any action commenced within the State of Missouri on the basis of forum non-conveniens. The parties further agree that mailing by certified or registered mail, return receipt requested, of any process required by any such court shall constitute valid and lawful service of process against them, without the necessity of service by any other means provided by statute or rule of court. Nothing contained in this Section 11 shall be deemed to limit or waive any right of the parties to remove any dispute which might otherwise properly be removed to federal court.
12. ENTIRE AGREEMENT; SEVERABILITY. This EULA is the entire agreement between you and the Licensor relating to the Software and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal by any court or tribunal of competent jurisdiction, the remaining provisions of this EULA shall remain in full force and effect.
13. NO WARRANTIES. The Software is designed and offered as a general-purpose software only, not for any user's particular purpose. You accept that no Software is error-free and you are strongly advised to back-up your files regularly. TO THE MAXIMU M EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS, EITHER EXPRESS OR IMPLIED (WHETHER BY STATUTE, COMMON LAW, COLLATERALLY OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY IMPLIED WARRANTIES THAT CANNOT BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS, OR THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW, WHICHEVER IS GREATER.
14. LIABILITY OF LICENSOR. THE CUMULATIVE LIABILITY OF LICENSOR TO LICENSEE FOR ALL CLAIMS RELATING TO THE SOFTWARE AND THIS EULA, INCLUDING ANY CAUSE OF ACTION OF ANY SORT SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL LICENSE FEES PAID TO LICENSOR HEREUNDER AND SPECIFICALLY ATTRIBUTABLE TO LICENSOR. IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OF PROFITS, ANY INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY CLAIMS OR DEMANDS BROUGHT AGAINST YOU BY THIRD PARTIES, EVEN IF LICENSOR OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DEMANDS. This limitation of liability is intended to apply without regard to whether other provisions of this EULA have been breached or have proven ineffective.
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